Short title

This Act may be cited as the

Mental Health and Substance Abuse Juvenile Services Improvement Act of 2007

Mental health services for children, adolescents, and their families

Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by inserting after section 520A the following:

520B.

Mental health services for children, adolescents, and their families

(a)

In general

In cooperation with the Secretary of Education, the Secretary of Health and Human Services shall support either directly or through grants, contracts, or cooperative agreements with public entities programs to promote mental health among all children, from birth through adolescence, and their families and to provide early intervention services to ameliorate identified mental health problems in such children. (b)

Equitable distribution

The Secretary shall provide for an equitable distribution of grants, contracts, and cooperative agreements by region, to include urban, suburban, and rural regions, including Native American communities. (c)

Priority

In awarding grants, contracts, and cooperative agreements under this section, the Secretary shall give priority to those applicants who— (1)provide a comprehensive, community-based, culturally competent and developmentally appropriate prevention and early intervention program that provides for the identification of early mental health problems and promotes the mental health and enhances the resiliency of children from birth through adolescence and of their families; (2)incorporate families, schools, and communities in an integral role in the program; (3)coordinate behavioral health care services, interventions, and supports in traditional and non-traditional settings and provide a continuum of care for children from birth through adolescence and for their families; (4)provide public health education to improve the public’s understanding of healthy emotional development; (5)provide training, technical assistance, consultation, and support for community service providers, school personnel, families, and children to promote healthy emotional development and enhance resiliency in children from birth through adolescence; (6)increase the resources available to such programs and provide for their sustainability by requiring a commitment on the part of local communities in which the programs provide services; (7)provide for the evaluation of programs operating under this section to ensure that they are providing intended services in an efficient and effective manner; and (8)provide school-based mental health assessment and treatment services conducted by a mental health professional (who may be a school counselor, school nurse, school psychologist, clinical psychologist, or school social worker) in public elementary or secondary schools. (d)

Matching requirement

A condition for an award under subsection (a) is that the entity involved agrees that the entity will, with respect to the costs to be incurred by the entity in carrying out the purpose described in such subsection, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in the award. (e)

Durations of grants

With respect to an award under subsection (a), the period during which payments under such award are made to the recipient may not exceed 5 years. (f)

Evaluation

The Secretary shall ensure that entities receiving awards under subsection (a) carry out an evaluation of the project, including an evaluation of the effectiveness of program strategies, and short, intermediate, and long-term outcomes including the program’s overall impact on strengthening families with young children and creating environments in home, school, and community settings that promote healthy emotional development and reduce incipient mental health and substance abuse problems. Local educational agencies receiving such awards shall ensure that the schools receiving these funds maintain an average ratio of one certified or licensed— (1)school counselor for every 150 students; (2)school nurse for every 350 students; (3)school psychologist for every 500 students; and (4)school social worker for every 400 students. (g)

Definitions

For purposes of this section: (1)The term mental health means a state of successful performance of mental function, resulting in productive activities, fulfilling relationships with other people, and the ability to adapt to change and cope with adversity. (2)The term mental illness refers to all diagnosable mental disorders (health conditions characterized by alterations in thinking, mood, or behavior or some combination thereof) associated with distress or impaired functioning or both. (3)The term mental health problem refers to symptoms of insufficient intensity or duration to meet the criteria for any mental disorder. (4)(A)The term mental health professional refers to a qualified counselor, nurse, psychologist, or social worker. (B)The terms school counselor, school nurse, school psychologist, and school social worker mean an individual who possesses licensure or certification in the State involved, and who meets professional standards for practice in schools and related settings, as a school counselor, school nurse, school psychologist, or school social worker, respectively. (5)The term public entity means any State, any political subdivision of a State, including any local educational agency, and any Indian tribe or tribal organization (as defined in section 4(b) and section 4(c) of the Indian Self-Determination and Education Assistance Act). (h)

Authorization of appropriation

There are authorized to be appropriated to carry out this section $300,000,000 for fiscal year 2008 and such sums as are necessary for each of fiscal years 2009 and 2010. These funds are authorized to be used to carry out the provisions of this section and cannot be utilized to supplement or supplant funding provided for other mental health services programs.

Initiative for comprehensive, intersystem mental health and substance abuse treatment programs for juveniles

Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb–31 et seq.) is amended by adding at the end the following:

520K

Initiative for comprehensive, intersystem mental health and substance abuse treatment programs for juveniles

(a)

In general

The Attorney General of the United States and the Secretary, acting through the Director of the Center for Mental Health Services, shall award competitive grants to eligible entities for programs that address the service needs of juveniles, including juveniles with serious mental illnesses, by requiring the State or local juvenile justice system, the mental health system, and the substance abuse treatment system to work collaboratively to ensure— (1)the appropriate diversion of such juveniles from incarceration; (2)the provision of appropriate mental health and substance abuse services as an alternative to incarceration, including for those juveniles on probation or parole; and (3)the provision of follow-up services for juveniles who are discharged from the juvenile justice system. (b)

Eligibility

To be eligible to receive a grant under this section, an entity shall— (1)be a State or local juvenile justice agency, mental health agency, or substance abuse agency (including community diversion programs); (2)prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A)an assurance that the applicant has the consent of all entities described in paragraph (1) in carrying out and coordinating activities under the grant; and (B)with respect to services for juveniles, an assurance that the applicant has collaborated with the State or local educational agency and the State or local welfare agency in carrying out and coordinating activities under the grant; (3)be given priority if the entity submits its application jointly with juvenile justice and substance abuse or mental health agencies; and (4)ensure that funds from non-Federal sources are available to match amounts provided under the grant in an amount that is not less than— (A)with respect to the first 3 years under the grant, 10 percent of the amount provided under the grant; and (B)with respect to the fourth and fifth years under the grant, 30 percent of the amount provided under the grant. (c)

Use of funds

(1)

Initial year

An entity that receives a grant under this section shall, in the first fiscal year in which amounts are provided under the grant, use such amounts to develop a collaborative plan— (A)describing how the entity will institute a system to provide intensive community services— (i)to prevent high-risk juveniles from coming in contact with the justice system; and (ii)to meet the mental health and substance abuse treatment needs of juveniles on probation or recently discharged from the justice system; and (B)providing for the exchange by agencies of information to enhance the provision of mental health or substance abuse services to juveniles. (2)

Second through fifth years

With respect to the second through fifth fiscal years in which amounts are provided under the grant, the grantee shall use amounts provided under the grant— (A)to furnish services, such as assertive community treatment, wrap-around services for juveniles, multisystemic therapy, outreach, integrated mental health and substance abuse treatment, case management, health care, education and job training, assistance in securing stable housing, finding a job or obtaining income support, other benefits, access to appropriate school-based services, transitional and independent living services, mentoring programs, home-based services, and provision of appropriate after-school and summer programming; (B)to establish a network of boundary spanners to conduct regular meetings with judges, provide liaison with mental health and substance abuse workers, share and distribute information, and coordinate with mental health and substance abuse treatment providers and probation or parole officers concerning provision of appropriate mental health and drug and alcohol addiction services for individuals on probation or parole; (C)to provide cross-system training among police, corrections, and mental health and substance abuse providers with the purpose of enhancing collaboration and the effectiveness of all systems; (D)to provide coordinated and effective after-care programs for juveniles with emotional or mental disorders who are discharged from jail, prison, or juvenile facilities; (E)to purchase technical assistance to achieve the grant project’s goals; and (F)to furnish services, to train personnel in collaborative approaches, and to enhance intersystem collaboration. (3)

Definition

In paragraph (2)(B), the term boundary spanners means professionals who act as case managers for juveniles with mental disorders and substance abuse addictions, within both justice agency facilities and community mental health programs and who have full authority from both systems to act as problem solvers and advocates on behalf of individuals targeted for service under this program. (d)

Area served by the project

An entity receiving a grant under this section shall conduct activities under the grant to serve at least a single political jurisdiction. (e)

Authorization of appropriations

For each of fiscal years 2008 through 2013, there is authorized to be appropriated an amount equal to 10 percent of the amount appropriated under section 1935(a) for the respective fiscal year.

Funding for emergency mental health and substance abuse services for children directly affected by public health emergencies

(a)

In general

Section 501(m) of the Public Health Service Act (42 U.S.C. 290aa(m)) is amended— (1)in paragraph (1)— (A)by striking 2.5 percent and inserting 5 percent; and (B)by striking paragraph (2) and inserting paragraphs (2) and (3); (2)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3)by inserting after paragraph (1), the following:

(2)

Condition

A condition of paragraph (1) is that 2.5 percent of the funds subject to paragraph (1) may only be available for the provision of emergency mental health and substance abuse treatment and prevention services to children who are directly affected by public health emergencies, including diseases or disorders that present such emergencies, natural disasters, major transportation accidents, technological disasters, and disasters resulting from terrorism.

(b)

Effective date

The amendments made by subsection (a) shall apply to grants provided on or after January 1, 2008.

Crisis response grants to address children’s needs

Title III of the Public Health Service Act is amended by inserting after section 319M (42 U.S.C. 247d–7d) the following:

319N.

Crisis response grants to address children’s needs

(a)

In general

The Secretary may award grants to eligible entities described in subsection (b) to enable such entities to increase the coordination and development of disaster preparedness efforts relating to the needs of children. (b)

Eligibility

To be an eligible entity under this subsection, an entity shall— (1)be a State, political subdivision of a State, a consortium of 2 or more States or political subdivisions of States, a public or private non-profit agency or organization, or other organization that serves children as determined appropriate by the Secretary; and (2)prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c)

Use of funds

An entity shall use amounts received under a grant under this section to carry out activities for the coordination and development of disaster preparedness efforts relating to the physical- and health-related needs of children. (d)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2008.