SENATE 3rd Reading Unamended January 26, 2016 SENATE Amended 2nd Reading January 25, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-0313.01 Jane Ritter x4342 SENATE BILL 16-039 SENATE SPONSORSHIP Newell and Martinez Humenik, HOUSE SPONSORSHIP Lee, Singer Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning including a mental health professional in the memorandum of understanding relating to a local-level collaborative management process for children and families. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Legislative Oversight Committee Concerning the Treatment of Persons With Mental Illness in the Criminal and Juvenile Justice Systems. The bill adds a mental health professional to the list of persons to be included in any memorandum of understanding entered into between interested county departments of social or human services and other local-level service providers when the memorandum of understanding is established as a means of promoting a collaborative system of local-level interagency oversight and services to children and families. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 24-1.9-102, amend (1) (a) and (1) (c); and add (1) (f) as follows: 24-1.9-102. Memorandum of understanding - local-level interagency oversight groups - individualized service and support teams - coordination of services for children and families - requirements - waiver. (1) (a) Individuals, local representatives of each of the agencies specified in this paragraph (a) and paragraph (a.5) of this subsection (1), if applicable, and county departments of human or social services may enter into memorandums of understanding that are designed to promote a collaborative system of local-level interagency oversight groups and individualized service and support teams to coordinate and manage the provision of services to children and families who would benefit from integrated multi-agency services. The memorandums of understanding entered into pursuant to this subsection (1) shall be between interested county departments of human or social services and local representatives of each of the following: agencies or entities: (I) A representative of the local judicial districts, including probation services; (II) A representative of the health department, whether a county or district public health agency; (III) A representative of the local school district or school districts; (IV) Each community mental health center; A representative from the area's local community mental health center, if one exists. For purposes of this subparagraph (IV), if the area involved does not have a local community health center, the person or entity that convenes the group may appoint a mental health professional. For purposes of this subparagraph (IV), if the area involved does have a community mental health center, the representative must be from that community mental health center. (V) Each A representative from the local behavioral health organization; (VI) A representative from the division of youth corrections; (VII) A representative from a designated managed service organization for the provision of treatment services for alcohol and drug abuse pursuant to section 27-80-107, C.R.S.; and (VIII) A representative from a domestic abuse program as defined in section 26-7.5-102, C.R.S., if representation from such a program is available. (c) Notwithstanding the provisions of paragraph (b) of this subsection (1), the individuals and agencies specified in paragraphs (a) and (a.5) of this subsection (1) may enter into memorandums of understanding involving only one or more county departments of human or social services, not necessarily by region, as may be appropriate to ensure the effectiveness of local-level interagency oversight groups and individualized service and support teams in the county or counties. (f) For purposes of this subsection (1), a "mental health professional" may include any person licensed by the state of Colorado as a psychiatrist, psychologist, mental health counselor, or licensed clinical social worker. (f) The memorandum of understanding created pursuant to this subsection (1) must include a provision specifying that a child's parent or parents may be present at any meeting of the local-level interagency oversight group that concerns that parent's child. SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2016, if adjournment sine die is on May 11, 2016); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.