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Mental Health Youth Within the Juvenile Justice System

Mental Health Youth Within the Juvenile Justice System. SERVICES AND RESOURCES. Youth with a Mental Health Diagnosis 2007 - 2010 Calendar Year. Serious Emotional Disturbance.

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Mental Health Youth Within the Juvenile Justice System

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  1. Mental Health Youth Within the Juvenile Justice System SERVICES AND RESOURCES

  2. Youth with a Mental Health Diagnosis2007 - 2010Calendar Year

  3. Serious Emotional Disturbance Serious emotional disturbance (SED) means with respect to a youth from age 6 through 17, that the youth has been determined by a licensed mental health professional as having a mental disorder with a primary diagnosis falling within one of the DSM-IV (or successor) classifications when applied to the youth's current presentation (current means within the past 12 calendar months unless otherwise specified in the DSM-IV) and the diagnosis has a severity specifier of moderate or severe.

  4. Youth Court Act 41-5-1503. Medical or psychological evaluation of youth -- urinalysis. (1) The youth court may order a youth to receive a medical or psychological evaluation at any time prior to final disposition if the youth waives the youth's constitutional rights in the manner provided for in 41-5-331. Except as provided in subsection (2), the youth court shall pay for the cost of the evaluation from its judicial district's allocation provided for in 41-5-130 or 41-5-2012.      (2) The youth court shall determine the financial ability of the youth's parents or guardians to pay the cost of an evaluation ordered by the court under subsection (1). If they are financially able, the court shall order the youth's parents or guardians to pay all or part of the cost of the evaluation.

  5. 41-5-1503. Continued (3) Subject to 41-5-1512(1)(o)(i), the youth court may not order an evaluation or placement of youth at a state youth correctional facility unless the youth is found to be a delinquent youth or is alleged to have committed an offense that is listed in 41-5-206. (4) An evaluation of a youth may not be performed at the Montana state hospital.      (5) In a proceeding alleging a youth to be a delinquent youth, upon a finding of an offense related to use of alcohol or illegal drugs, the court may order the youth to undergo urinalysis for the purpose of determining whether the youth is using alcoholic beverages or illegal drugs.

  6. Dispositional Options / Limitations 41-5-1504.  Finding of suffering from mental disorder and meeting other criteria -- rights -- limitation on placement. (1) A youth who is found to be suffering from a mental disorder, as defined in 53-21-102, and who meets the criteria in 53-21-126(1) is entitled to all rights provided by 53-21-114 through 53-21-119. (2)  A youth who, prior to placement or sentencing, is found to be suffering from a mental disorder, as defined in 53-21-102, and who meets the criteria in 53-21-126(1) may not be committed or sentenced to a state youth correctional facility. (3)  A youth who is found to be suffering from a mental disorder, as defined in 53-21-102, and who meets the criteria in 53-21-126(1) after placement in or sentencing to a state youth correctional facility must be moved to a more appropriate placement in response to the youth's mental health needs and consistent with the disposition alternatives available in 53-21-127. 53-21-506. No commitment to Montana state hospital. An individual who is under 18 years of age may not be voluntarily admitted or committed by a court to the Montana state hospitalunless an information has been filed in district court pursuant to 41-5-206.

  7. Juvenile Delinquency Intervention Program (JDIP) FY10 DOC Placement Budget: $5,918,641 • Cost Containment Pool - $1,000,000 • $188,624 – Expended • $811,376 – Unexpended (Funds transferred to the OCA intervention and prevention account) • Program Evaluation - $25,000 • DOC (Juvenile Parole 11%) - $520,727 • Judicial Districts Annual Allocations - $4,372,914 • $2,361,057 – Expended • $2,011,857 – Unexpended (Funds transferred to the OCA intervention and prevention account)

  8. Funding Limitations • JDIP and PIF (intervention and prevention account) • Can be used for services, programs and placements • Requirements for youth over 18 (CCRP) • Can’t be used when youth is transferred to District Court • JDIP funds have a 1-year life cycle and PIF have a 2-year life cycle • Medicaid • Can’t be used if youth is in detention or correctional facility • If primary diagnosis is Conduct Disorder or a Sexual Disorder, MT Medicaid does not pay

  9. JDIP and PIF • Percentage of funds a district receives is based upon the number of unduplicated youth and referrals from the previous year. • Each district decides how the funds will be used, some limitations apply. • Community programs and services are encouraged over out-of-home placements. • Can’t be used to supplant what other entities are required to pay, i.e., detention.

  10. Types of Services Provided with JDIP and PIF • Alternative Education Programs • Anger Management Classes • Assessments • Case Management • Counseling – Individual, Group and Family • Drug and Alcohol Treatment – Outpatient • Evaluations • Family Support Services • Therapeutic Aide • Wraparound (High Fidelity)

  11. Medicaid Funds Authorization Required • Inpatient psychiatric services provided in hospital settings or residential treatment facilities; outpatient partial hospitalization programs are available in some locations • Community-based services, such as therapeutic foster care and therapeutic group homes (not including room and board expenses); • Mental health center community-based outpatient services, including individual, group and family therapy; psychotropic medication management; assessment; case management; youth day treatment; community-based psychiatric rehabilitation and support services (CBPRS); and comprehensive school and community treatment (CSCT); and • Services provided by mental health professionals, including licensed psychologists, social workers, licensed certified professional counselors, advanced practicing RN’s; and licensed psychiatrists or medical doctors.

  12. Certificate of Need • In addition to authorization, a Certificate of Need (CON) is required for many services; • Required for: • Acute Inpatient Psych hospital; Partial Hospital Program, Psychiatric Residential Treatment Facility, PRTF waiver program; Therapeutic group home, Therapeutic Foster Care, and Therapeutic Family Care. • CON is based on determination by inter-disciplinary team that has knowledge of youth’s situation. • Must be signed by the physician member and the licensed mental health professional.

  13. Psychiatric Residential Treatment Facility Waiver (PRTF Waiver) • Montana is one of 10 states to receive the PRTF Waiver . The purpose of the PRTF Waiver is to support a youth in need of Psychiatric Residential Treatment care to remain in their homes with their family. Youth already living in a Psychiatric Residential Treatment Facility may discharge and transition to the Waiver. • The Wraparound Service Delivery Model of the PRTF Wavier will be family driven, team based, community based, strength based, individualized, culturally competent, and built on communication, collaboration, partnerships, and natural family supports. • Billings, Missoula, Helena, Great Falls

  14. Services Provided in PRTF Waiver Program HOME-BASED THERAPY • Community-Based In–Home Therapy RESPITE • Unskilled Respite Care EDUCATION & SUPPORT • Training & Education Services Related To Care & Treatment Of Disabling Mental Health Problems NON-MEDICAL TRANSPORTATION • Non-Emergency Transportation

  15. PRTF Waiver Services Cont. CONSULTATIVE CLINICAL AND THERAPEUTIC SERVICES • Telephone Call TO A PSYCHIATRIST By A Physician or Mid-Level Practitioner For Consultation CUSTOMIZED GOODS & SERVICES • Therapeutic Items and Supplies FAMILY SUPPORT SPECIALIST • Family Support Specialist Service CARE GIVER PEER-TO-PEER SUPPORT SPECIALIST SERVICE • Care Giver Peer-to-Peer Support Specialist Services WRAPAROUND FACILITATION SERVICE • Wraparound Facilitation Service

  16. What is Wraparound? Wraparound is a planning process which is strength based and family driven and helps make sure youth grow up in their homes and communities. It is a planning process that uses a team approach and brings together people known to the family whom they trust. With help from one or more facilitators, people from the family’s life work together, coordinate their activities, and blend their perspectives of the family’s situation.

  17. Unfit to Proceed • Who makes this determination •  (16) "Professional person" means:      (a) a medical doctor;      (b) an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;      (c) a licensed psychologist; or      (d) a person who has been certified, as provided for in 53-21-106, by the department.

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