House Introduced Bill 4167

HOUSE BILL No. 4167

February 8, 2001, Introduced by Reps. Bernero, Hager, DeWeese, Bob Brown, Plakas, McConico, Rocca, Lipsey, Pestka, Kolb, Murphy, Zelenko,
Jacobs, O'Neil, Mans, Gieleghem, Rivet, Spade, Bogardus, Basham, Waters, Garza, Hale, Kowall, Mortimer, Vander Veen, Faunce and Schauer and
referred to the Committee on Health Policy.

A bill to amend 1974 PA 258, entitled

"Mental health code,"

by amending section 100a (MCL 330.1100a), as amended by 1998

PA 497, and by adding section 208a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 100a. (1) "Abilities" means the qualities, skills, and

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competencies of an individual that reflect the individual's tal-

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ents and acquired proficiencies.

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(2) "Abuse" means nonaccidental physical or emotional harm

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to a recipient, or sexual contact with or sexual penetration of a

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recipient as those terms are defined in section 520a of the

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Michigan penal code, 1931 PA 328, MCL 750.520a, that is committed

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by an employee or volunteer of the department, a community mental

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health services program, or a licensed hospital or by an employee

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or volunteer of a service provider under contract with the

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department, community mental health services program, or licensed

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hospital.

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(3) "Adaptive skills" means skills in 1 or more of the fol-

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lowing areas:

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(a) Communication.

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(b) Self-care.

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(c) Home living.

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(d) Social skills.

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(e) Community use.

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(f) Self-direction.

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(g) Health and safety.

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(h) Functional academics.

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(i) Leisure.

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(j) Work.

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(4) "Adult foster care facility" means an adult foster care

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facility licensed under the adult foster care facility licensing

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act, 1979 PA 218, MCL 400.701 to 400.737.

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(5) "Applicant" means an individual or his or her legal rep-

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resentative who makes a request for mental health services.

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(6) "Board" means the governing body of a community mental

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health services program.

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(7) "Board of commissioners" means a county board of

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commissioners.

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(8) "Center" means a facility operated by the department to

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admit individuals with developmental disabilities and provide

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habilitation and treatment services.

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(9) "Certification" means formal approval of a program by

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the department in accordance with standards developed or approved

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by the department.

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(10) "Child abuse" and "child neglect" mean those terms as

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defined in section 2 of the child protection law, 1975 PA 238,

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MCL 722.622.

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(11) "Child and adolescent psychiatrist" means 1 or more of

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the following:

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(a) A physician who has completed a residency program in

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child and adolescent psychiatry approved by the accreditation

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council for graduate medical education or the American osteo-

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pathic association, or who has completed 12 months of child and

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adolescent psychiatric rotation and is enrolled in an approved

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residency program as described in this subsection.

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(b) A psychiatrist employed by or under contract as a child

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and adolescent psychiatrist with the department or a community

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mental health services program on March 28, 1996, who has educa-

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tion and clinical experience in the evaluation and treatment of

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children or adolescents with serious emotional disturbance.

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(c) A psychiatrist who has education and clinical experience

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in the evaluation and treatment of children or adolescents with

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serious emotional disturbance who is approved by the director.

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(12) "Children's diagnostic and treatment service" means a

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program operated by or under contract with a community mental

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health services program, that provides examination, evaluation,

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and referrals for minors, including emergency referrals, that

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provides or facilitates treatment for minors, and that has been

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certified by the department.

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(13) "Community mental health authority" means a separate

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legal public governmental entity created under section 205 to

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operate as a community mental health services program.

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(14) "Community mental health organization" means a commu-

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nity mental health services program that is organized under the

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urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501

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to 124.512.

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(15) "Community mental health services program" OR "CMHSP"

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means a program operated under chapter 2 as a county community

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mental health agency, a community mental health authority, or a

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community mental health organization.

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(16) "Consent" means a written agreement executed by a

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recipient, a minor recipient's parent, or a recipient's legal

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representative with authority to execute a consent, or a verbal

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agreement of a recipient that is witnessed and documented by an

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individual other than the individual providing treatment.

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(17) "County community mental health agency" means an offi-

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cial county or multicounty agency created under section 210 that

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operates as a community mental health services program and that

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has not elected to become a community mental health authority

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under section 205 or a community mental health organization under

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the urban cooperation act of 1967, 1967 (Ex Sess) PA 7,

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MCL 124.501 to 124.512.

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(18) "Dependent living setting" means all of the following:

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(a) An adult foster care facility.

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(b) A nursing home licensed under article 17 of the public

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health code, 1978 PA 368, MCL 333.20101 to 333.22260.

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(c) A home for the aged licensed under article 17 of the

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public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

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(19) "Department" means the department of community health.

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(20) "Developmental disability" means either of the

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following:

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(a) If applied to an individual older than 5 years OLD, a

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severe, chronic condition that meets all of the following

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requirements:

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(i) Is attributable to a mental or physical impairment or a

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combination of mental and physical impairments.

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(ii) Is manifested before the individual is 22 years old.

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(iii) Is likely to continue indefinitely.

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(iv) Results in substantial functional limitations in 3 or

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more of the following areas of major life activity:

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(A) Self-care.

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(B) Receptive and expressive language.

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(C) Learning.

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(D) Mobility.

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(E) Self-direction.

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(F) Capacity for independent living.

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(G) Economic self-sufficiency.

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(v) Reflects the individual's need for a combination and

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sequence of special, interdisciplinary, or generic care,

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treatment, or other services that are of lifelong or extended

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duration and are individually planned and coordinated.

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(b) If applied to a minor from birth to age 5, a substantial

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developmental delay or a specific congenital or acquired condi-

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tion with a high probability of resulting in developmental dis-

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ability as defined in subdivision (a) if services are not

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provided.

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(21) "Director" means the director of the department or his

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or her designee.

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(22) "Discharge" means an absolute, unconditional release of

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an individual from a facility by action of the facility or a

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court.

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(23) "Eligible minor" means an individual less than 18 years

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of age who is recommended in the written report of a multidisci-

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plinary team under rules promulgated by the department of educa-

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tion to be classified as 1 of the following:

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(a) Severely mentally impaired.

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(b) Severely multiply impaired.

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(c) Autistic impaired and receiving special education serv-

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ices in a program designed for the autistic impaired under

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subsection (1) of R 340.1758 of the Michigan administrative code

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or in a program designed for the severely mentally impaired or

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severely multiply impaired.

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(24) "Emergency situation" means a situation in which an

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individual is experiencing a serious mental illness or a develop-

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mental disability, or a child MINOR is experiencing a serious

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emotional disturbance, and 1 of the following applies:

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(a) The individual can reasonably be expected within the

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near future to physically injure himself, herself, or another

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individual, either intentionally or unintentionally.

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(b) The individual is unable to provide himself or herself

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food, clothing, or shelter or to attend to basic physical activi-

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ties such as eating, toileting, bathing, grooming, dressing, or

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ambulating, and this inability may lead in the near future to

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harm to the individual or to another individual.

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(c) The individual's judgment is so impaired that he or she

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is unable to understand the need for treatment and, in the opin-

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ion of the mental health professional, his or her continued

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behavior as a result of the mental illness, developmental dis-

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ability, or emotional disturbance can reasonably be expected in

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the near future to result in physical harm to the individual or

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to another individual.

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(D) THE MINOR DISPLAYS BEHAVIOR THAT SUGGESTS HE OR SHE HAS

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AN IMPAIRMENT INVOLVING PERSONALITY DEVELOPMENT, INDIVIDUAL

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ADJUSTMENT, SOCIAL ADJUSTMENT, OR EMOTIONAL GROWTH THAT COULD BE

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TREATED THROUGH SERVICES PROVIDED UNDER THIS ACT.

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(25) "Executive director" means an individual appointed

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under section 226 to direct a community mental health services

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program or his or her designee.

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SEC. 208A. (1) FOR THE PURPOSE OF MAKING A PRIORITY REFER-

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RAL ACCORDING TO SECTION 208, A SCHOOL DISTRICT MAY MAKE A DETER-

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MINATION THAT A MINOR IS IN AN URGENT OR EMERGENCY SITUATION. A

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SCHOOL DISTRICT MAY DESIGNATE A MENTAL HEALTH PROFESSIONAL TO

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MAKE A DETERMINATION AUTHORIZED UNDER THIS SECTION.

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(2) UPON RECEIPT OF A REFERRAL MADE BY A SCHOOL DISTRICT

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UNDER SUBSECTION (1), A CMHSP SHALL EVALUATE THE REFERRED MINOR

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AND MAKE A RECOMMENDATION REGARDING A PLAN OF SERVICES TO BE

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IMPLEMENTED BY EITHER THE CMHSP, THE REFERRING SCHOOL DISTRICT,

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OR BOTH. NOT MORE THAN 48 HOURS AFTER RECEIVING THE REFERRAL,

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THE CMHSP SHALL SEND A COPY OF THE RECOMMENDATION REGARDING THE

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REFERRED MINOR TO THE REFERRING SCHOOL DISTRICT AND THE REFERRED

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MINOR'S PARENT OR GUARDIAN.

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(3) IF THE REFERRING SCHOOL DISTRICT AND THE REFERRED

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MINOR'S PARENT OR GUARDIAN AGREE WITH THE CMHSP'S RECOMMENDED

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PLAN OF SERVICES, THE REFERRING SCHOOL DISTRICT SHALL NOTIFY THE

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CMHSP. EITHER THE CMHSP OR THE REFERRING SCHOOL DISTRICT SHALL

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IMPLEMENT THE AGREED UPON PLAN OF SERVICES ACCORDING TO THE PLAN

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RECOMMENDATION. IF THE PLAN RECOMMENDATION CALLS FOR THE CMHSP

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ALONE TO IMPLEMENT THE PLAN OF SERVICES, THE EXPENSE FOR THE PLAN

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IMPLEMENTATION SHALL NOT BE CHARGED TO THE REFERRING SCHOOL

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DISTRICT.

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(4) IF A CMHSP'S RECOMMENDATION INCLUDES A PLAN OF SERVICES

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THAT THE REFERRING SCHOOL DISTRICT OR A REFERRED MINOR'S PARENT

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OR GUARDIAN BELIEVES IS INAPPROPRIATE OR INADEQUATE FOR THE

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REFERRED MINOR, THE CMHSP AND THE REFERRING SCHOOL DISTRICT AND

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THE REFERRED MINOR'S PARENT OR GUARDIAN SHALL WORK TOGETHER TO

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DEVELOP A COORDINATED PLAN OF SERVICES THAT IS ACCEPTABLE TO THE

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SCHOOL DISTRICT, THE CMHSP, AND THE MINOR'S PARENT OR GUARDIAN.

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(5) IF A CMHSP'S RECOMMENDATION IS THAT THE REFERRED MINOR

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DOES NOT NEED SERVICES PROVIDED BY THE CMHSP OR IF THE CMHSP, THE

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REFERRING SCHOOL DISTRICT, AND THE REFERRED MINOR'S PARENT OR

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GUARDIAN ARE UNABLE TO AGREE ON A COORDINATED PLAN OF SERVICES AS

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REQUIRED UNDER SUBSECTION (4), THE REFERRING SCHOOL DISTRICT,

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PARENT, OR GUARDIAN MAY PETITION THE COURT FOR AN EMERGENCY HEAR-

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ING TO DETERMINE IF THE MINOR MEETS THE CRITERIA OF AN INDIVIDUAL

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REQUIRING SERVICES UNDER SECTION 208. THE COURT SHALL MAKE A

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DETERMINATION AS TO WHETHER THE MINOR MEETS THE CRITERIA OF AN

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INDIVIDUAL REQUIRING SERVICES UNDER SECTION 208. IN MAKING THAT

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DETERMINATION, THE COURT MAY CONSIDER INFORMATION PRESENTED BY A

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PARENT OR GUARDIAN, THE REFERRING SCHOOL DISTRICT, AND THE

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CMHSP. AT THE COURT'S DISCRETION, THE COURT MAY CONSIDER INFOR-

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MATION PROVIDED AS THE RESULT OF AN INDEPENDENT EVALUATION BY AN

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EXPERT CHOSEN BY THE COURT.

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(6) ACCORDING TO SUBSECTION (5), IF THE COURT DETERMINES

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THAT THE MINOR MEETS THE CRITERIA OF AN INDIVIDUAL REQUIRING

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SERVICES UNDER SECTION 208, THE COURT SHALL ORDER THE REFERRING

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SCHOOL DISTRICT AND THE CMHSP TO COOPERATE WITH THE MINOR'S

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PARENT OR GUARDIAN TO DEVELOP A COORDINATED PLAN OF SERVICES FOR

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THE MINOR. IF THE PLAN OF SERVICES DEVELOPED UNDER THIS SUBSEC-

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TION REQUIRES PROVIDING MENTAL HEALTH SERVICES BY A CMHSP, THE

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SERVICES PROVIDED BY THAT CMHSP SHALL BE PAID FOR ACCORDING TO

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THE PROVISIONS OF CHAPTER 8.

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(7) AS USED IN THIS SECTION, "SCHOOL DISTRICT" MEANS A

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SCHOOL DISTRICT ORGANIZED UNDER THE REVISED SCHOOL CODE, 1976

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PA 451, MCL 380.1 TO 380.1852, OR A DISTRICT GOVERNED BY A SPE-

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CIAL OR LOCAL ACT.

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