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SB-130 Veterans: mental health.(2015-2016)

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SB130:v98#DOCUMENT

Amended  IN  Senate  April 16, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill No. 130


Introduced by Senator Roth

January 22, 2015


An act to amend Section 5600.3 of the Welfare and Institutions Code, relating to mental health. 987.005 of the Military and Veterans Code, relating to veterans.


LEGISLATIVE COUNSEL'S DIGEST


SB 130, as amended, Roth. Mental Health. Veterans: mental health.
Existing law, the Veterans Housing and Homelessness Prevention Act of 2014, requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to establish and implement programs to assist veterans at risk for homelessness or experiencing temporary or chronic homelessness. Existing law, as added by Proposition 41 on the June 3, 2014, statewide primary election, authorizes the state to sell $600,000,000 in general obligation bonds to fund affordable multifamily housing for low-income and homeless veterans, as specified. Proposition 41 authorizes the Legislature to amend its provisions for purposes of improving efficiency, effectiveness, and accountability, or for the purpose of furthering overall program costs, by a majority vote.
This bill would require the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to establish a grant process to provide grants to entities that provide supportive services as part of housing programs established under the Veterans Housing and Homelessness Prevention Act of 2014. The bill would provide that implementation of this grant process would be subject to appropriation by the Legislature.

Existing law requires every county to establish a community mental health service. Existing law requires cities and counties to use specified funds to establish and maintain a local health and welfare trust fund. To the extent resources are available, existing law directs that the primary goal of the use of the mental health account in that trust fund is to serve specified populations.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 987.005 of the Military and Veterans Code is amended to read:

987.005.
 (a) The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following:
(1) Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources.
(2) Prioritize projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
(3) Promote public and private partnerships.
(4) Foster innovative financing opportunities.
(5) Ensure program guidelines and terms provide threshold requirements or scoring criteria, or both, to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans.
(b) The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes, as defined in Section 50106 of the Health and Safety Code.
(1) In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a household’s income sources upon initial tenancy.
(2) At least 60 percent of units funded targeting extremely low income households shall be supportive housing.
(3) This section shall not deter the departments from funding projects serving mixed-income populations.
(c) In order to implement subdivision (a) and the programs established pursuant to this article, the departments shall establish a grant process for purposes of funding supportive services for veterans, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation. Pursuant to that grant process, the departments shall award grants to those entities that provide supportive services for veterans based on the efficiency and effectiveness of the supportive services provided. Implementation of this subdivision shall be subject to appropriation by the Legislature.

(c)

(d) The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(d)

(e) Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee.

SECTION 1.Section 5600.3 of the Welfare and Institutions Code is amended to read:
5600.3.

To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority:

(a)(1)Seriously emotionally disturbed children or adolescents.

(2)For the purposes of this part, “seriously emotionally disturbed children or adolescents” means minors under the age of 18 years who have a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a primary substance use disorder or developmental disorder, which results in behavior inappropriate to the child’s age according to expected developmental norms.

(3)Members of this target population shall meet one or more of the following criteria:

(A)As a result of the mental disorder, the child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; and either of the following occur:

(i)The child is at risk of removal from home or has already been removed from the home.

(ii)The mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment.

(B)The child displays one of the following: psychotic features, risk of suicide, or risk of violence due to a mental disorder.

(C)The child meets special education eligibility requirements under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code.

(b)(1)Adults and older adults who have a serious mental disorder.

(2)For the purposes of this part, “serious mental disorder” means a mental disorder that is severe in degree and persistent in duration, which may cause behavioral functioning which interferes substantially with the primary activities of daily living, and which may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder.

(3)Members of this target population shall meet all of the following criteria:

(A)The person has a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumatic brain injury pursuant to subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2).

(B)(i)As a result of the mental disorder, the person has substantial functional impairments or symptoms, or a psychiatric history demonstrating that without treatment there is an imminent risk of decompensation to having substantial impairments or symptoms.

(ii)For the purposes of this part, “functional impairment” means being substantially impaired as the result of a mental disorder in independent living, social relationships, vocational skills, or physical condition.

(C)As a result of a mental functional impairment and circumstances, the person is likely to become so disabled as to require public assistance, services, or entitlements.

(4)For the purpose of organizing outreach and treatment options, to the extent resources are available, this target population includes, but is not limited to, any of the following persons:

(A)Homeless persons who are mentally ill.

(B)Persons evaluated by appropriately licensed persons as requiring care in acute treatment facilities including state hospitals, acute inpatient facilities, institutes for mental disease, and crisis residential programs.

(C)Persons arrested or convicted of crimes.

(D)Persons who require acute treatment as a result of a first episode of mental illness with psychotic features.

(5)California veterans in need of mental health services and who meet the existing eligibility requirements of this section, shall be provided services to the extent services are available to other adults pursuant to this section. Veterans who may be eligible for mental health services through the United States Department of Veterans Affairs should be advised of these services by the county and assisted in linking to those services.

(A)No eligible veteran shall be denied county mental health services based solely on his or her status as a veteran.

(B)Counties shall refer a veteran to the county veterans service officer, if any, to determine the veteran’s eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or other federal health care provider.

(C)Counties should consider contracting with community-based veterans’ services agencies, where possible, to provide high-quality, veteran specific mental health services.

(c)Adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality, or violence.

(d)Persons who need brief treatment as a result of a natural disaster or severe local emergency.