REFERENCE TITLE: behavioral health services; dependent children |
State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2654 |
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Introduced by Representatives McCune Davis, Benally, Bowers, Gabaldón, Gonzales, Mendez, Otondo, Plumlee, Rios, Velasquez, Senator Bradley: Representatives Alston, Andrade, Fernandez, Friese, Kopec, Mach, Meyer
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AN ACT
amending title 8, chapter 4, article 4, Arizona Revised Statutes, by adding sections 8-512.01 and 8‑512.02; relating to child welfare.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 4, article 4, Arizona Revised Statutes, is amended by adding sections 8-512.01 and 8‑512.02, to read:
8-512.01. Behavioral health services; children in out-of-home placement; requirements; definitions
A. For any child who is in the legal custody of the department and who enters out-of-home placement:
1. The department shall submit a completed referral to the regional behavioral health authority within twenty-four hours after the child enters out-of-home placement for an assessment.
2. The out-of-home placement may contact the regional behavioral health authority for an assessment of the child entering care.
3. The regional behavioral health authority shall dispatch an assessment team within seventy‑two hours after being notified that the child has entered care in an out-of-home placement or within two hours after being notified if the child has immediate needs.
4. The regional behavioral health authority shall provide an initial evaluation of the child within seven calendar days after a referral or request for services.
5. The first behavioral health service appointment shall be provided within twenty‑one calendar days after the initial evaluation.
6. If the child and family team determines that a child needs behavioral health services and that the services are not available within thirty days due to a waiting list, the Arizona health care cost containment system administration shall grant a case‑specific agreement with an out‑of‑network provider.
7. If a child is hospitalized and awaiting step‑down care in an out‑of-home placement, the regional behavioral health authority shall approve and provide appropriate care to the child within seventy‑two hours after notification from the hospital.
8. If a child lives within fifteen miles of a county border, the child may receive services from the regional behavioral health authority in either county.
9. If a foster child is moved into another county because of the child's out-of-home placement, the child may receive services in either county.
10. If a child lives more than forty‑five miles from the nearest behavioral health clinic or provider, in‑home services shall be offered when deemed appropriate by the child and family team, except for treatments that need to be provided in a clinic setting, including medication management.
11. If the child is in need of behavioral health services, the child shall be assigned a therapist who has at least a master's degree and appropriate specialized training for that child. Except in cases of trauma‑specific counseling, a therapist shall consider all drug free treatment options when appropriate.
B. For the purposes of this section:
1. "Out-of-home placement" includes shelters, receiving homes, kinship foster care, family foster care homes and group homes.
2. "Step‑down care" includes stabilization units, residential treatment centers, therapeutic group homes and therapeutic foster homes.
8-512.02. Health care services; children leaving the custody of the department
Notwithstanding any law to the contrary, a child who was in the custody of the department pursuant to this chapter may continue receiving services pursuant to section 8‑512 or title 36, chapter 29, article 1 for a period of six months until the child's eligibility is determined under title 36, chapter 29, article 1.