CHAPTER 561
S.P. 220 - L.D. 611
An Act To Obtain Substance Abuse Services for Youth in Need of Services
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §4099-A, sub-§4, ¶¶B and C, as enacted by PL 2003, c. 451, Pt. P, §3, are amended to read:
B. Is without or beyond the control of the child's parent or legal guardian; or
C. Is in imminent danger of serious physical, mental or emotional injury or at risk of prosecution for a juvenile offense.; or
Sec. 2. 22 MRSA §4099-A, sub-§4, ¶D is enacted to read:
D. Is abusing alcohol or drugs and is at risk of serious harm as a result.
Sec. 3. 22 MRSA §4099-C, sub-§3, as enacted by PL 2003, c. 451, Pt. P, §3, is amended to read:
3. Imminent danger. If a youth is determined by a case manager to be in need of services and is in imminent danger of serious physical, mental or emotional injury or, is at risk of prosecution for a juvenile offense or is abusing alcohol or drugs and is at risk of serious harm as a result, the case manager shall attempt to contact the family or legal guardian, if appropriate, to begin services to the youth and family or legal guardian and shall promptly file a petition to commence court proceedings.
A. If the court finds that a youth is in need of services and is in imminent danger of serious physical, mental or emotional injury or, is at risk of prosecution for a juvenile offense or is abusing alcohol or drugs and is at risk of serious harm as a result, the court shall order that a service provider offer appropriate services to the youth and the youth's family or legal guardian if appropriate.
B. In a proceeding brought under this subsection, if the court orders a service provider to offer appropriate services to a youth or the youth's family or legal guardian, the court may not order secure residential placement or inpatient treatment or order a youth to participate in services or enter an order of enforcement or contempt.
Sec. 4. 22 MRSA §4099-C, sub-§5, as enacted by PL 2003, c. 451, Pt. P, §3, is amended to read:
5. Reporting. The department shall report by October 1, 2003 and annually thereafter to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the number and nature of preliminary assessments, safety plans and court proceedings under this section. Beginning October 1, 2004, the report must include summary statistics on the number and characteristics of youth who refuse services under this section, including demographic information, reason for referral, assessed needs and stated reason for refusal of services. The report must include safety plans and court proceedings under this section. The report must include recommendations for policy initiatives, rulemaking and legislative action for youth in need of services.
Sec. 5. 22 MRSA §4099-C, sub-§6 is enacted to read:
6. Data. The department shall collect data on the number and characteristics of youth who refuse services under this section, including demographic information, reason for referral, assessed needs and stated reason for refusal of services. The department shall share the data collected under this subsection with the Department of Behavioral and Developmental Services, Office of Substance Abuse no later than October 1, 2004 and every 6 months thereafter.
Sec. 6. Provider training. The Department of Behavioral and Developmental Services, Office of Substance Abuse shall increase training for providers in motivational therapy, family therapy and other evidence-based practices that are effective with reluctant adolescent clients. The Department of Human Services and the Office of Substance Abuse shall require joint training and communication between Youth in Need of Services Program providers and substance abuse services providers regarding methods to engage reluctant youth in treatment.
Sec. 7. Provider incentives and information. The Department of Behavioral and Developmental Services, Office of Substance Abuse shall modify its contracts with substance abuse services providers to create incentives to increase recruitment and retention of adolescent clients who are reluctant to engage in treatment. The Office of Substance Abuse also shall provide information and support to substance abuse treatment providers to increase services provided to parents of adolescent clients, with or without the adolescents' involvement.
Sec. 8. Parent outreach and education. The Department of Behavioral and Developmental Services, Office of Substance Abuse shall conduct outreach and education to help parents of children who are abusing drugs to locate and access resources to address substance abuse, including treatment, self-help, skill development and support groups for themselves and their children.
Sec. 9. Report required. The Department of Behavioral and Developmental Services, Office of Substance Abuse shall report by October 1, 2004 to the Joint Standing Committee on Health and Human Services on the status of implementation of this Act.
Effective July 30, 2004, unless otherwise indicated.
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