2001 REGULAR SESSION (71st) A AB343 R2 1211
Amendment Box: Replaces Amendment No. 1187. Resolves conflict with A.B. No. 429. Makes substantive changes.
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 35 through 41 and adding new sections designated sections 35 through 41, following sec. 34, to read as follows:
“Sec. 35. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 36 to 39, inclusive, of this act.
Sec. 36. As used in sections 36 to 39, inclusive, of this act, “committee” means the legislative committee on children, youth and families.
Sec. 37. 1. There is hereby established a legislative committee on children, youth and families consisting of:
(a) Five members appointed by the majority leader of the senate, at least two of whom were members of the committee on finance during the immediately preceding legislative session; and
(b) Five members appointed by the speaker of the assembly, at least two of whom were members of the committee on ways and means during the immediately preceding legislative session.
2. The members of the committee shall elect a chairman and vice chairman from among their members. The chairman must be elected from one house of the legislature and the vice chairman from the other house. After the initial election of a chairman and vice chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the committee shall elect a replacement for the remainder of the unexpired term.
3. Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature.
4. Vacancies on the committee must be filled in the same manner as the original appointments.
Sec. 38. 1. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee.
2. The director of the legislative counsel bureau or his designee shall act as the nonvoting recording secretary.
3. The committee shall prescribe regulations for its own management and government.
4. Except as otherwise provided in subsection 5, six voting members of the committee constitute a quorum.
5. Any recommended legislation proposed by the committee must be approved by a majority of the members of the senate and by a majority of the members of the assembly appointed to the committee.
6. Except during a regular or special session of the legislature, the members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the committee and while engaged in the business of the committee. The salaries and expenses paid pursuant to this subsection and the expenses of the committee must be paid from the legislative fund.
Sec. 39. The committee shall:
1. Study and comment upon issues related to the provision of child welfare services within this state, including, without limitation:
(a) Programs for the provision of child welfare services;
(b) Licensing and reimbursement of providers of foster care;
(c) Mental health services; and
(d) Compliance with federal requirements.
2. Receive progress reports and testimony from the division of child and family services of the department of human resources on the activities of each mental health consortium established pursuant to section 125 of this act.
3. Conduct investigations and hold hearings in connection with its powers pursuant to this section.
4. Request that the legislative counsel bureau assist in the study of issues related to the provision of child welfare services within this state.
5. Make recommendations to the legislature concerning the manner in which the provision of child welfare services within this state may be improved.
Secs. 40 and 41. (Deleted by amendment.)”.
Amend sec. 93, page 38, line 10, after “inclusive,” by inserting:
“and sections 3 and 4 of Assembly Bill No. 429 of this [act,] session,”.
Amend sec. 102, page 42, line 12, by deleting “3,” and inserting:
“3 and section 2 of Assembly Bill No. 429 of this [act,] session,”.
Amend sec. 102, page 42, line 44, before “child,” by inserting:
“child and an attorney of a parent or guardian of the”.
Amend sec. 125, page 54, line 41, by deleting “persons:” and inserting:
“persons appointed by the administrator:”.
Amend sec. 125, page 55, line 7, by deleting “following:” and inserting:
“following persons appointed by the administrator:”.
Amend sec. 126, page 56, between lines 28 and 29, by inserting:
“5. On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the legislative committee on children, youth and families established pursuant to section 37 of this act and shall submit progress reports to the legislative committee on children, youth and families at the end of each calendar quarter.”.
Amend the bill as a whole by deleting sec. 131 and adding a new section designated sec. 131, following sec. 130, to read as follows:
“Sec. 131. Section 126 of this act is hereby amended to read as follows:
Sec. 126. 1. On or before January 1 of each year, each mental health consortium established pursuant to section 125 of this act shall prepare a recommended plan for the provision of mental health services to emotionally disturbed children in the jurisdiction of the consortium.
2. In preparing the recommended plan, each mental health consortium must be guided by the following principles:
(a) The system of mental health services set forth in the plan should be centered on emotionally disturbed children and their families, with the needs and strengths of those children and their family dictating the types and mix of services provided.
(b) The families of emotionally disturbed children, including, without limitation, foster parents, should be active participants in all aspects of planning, selecting and delivering mental health services at the local level.
(c) The system of mental health services should be community-based and flexible, with accountability and the focus of the services at the local level.
(d) The system of mental health services should provide timely access to a comprehensive array of cost-effective mental health services.
(e) Children and their families who are in need of mental health services should be identified as early as possible through screening, assessment processes, treatment and systems of support.
(f) Comprehensive mental health services should be made available in the least restrictive but clinically appropriate environment.
(g) The family of an emotionally disturbed child should be eligible to receive mental health services from the system.
(h) Mental health services should be provided to emotionally disturbed children in a sensitive manner that is responsive to cultural and gender-based differences and special needs of the children.
3. The plan prepared pursuant to this section must include:
(a) An assessment of the need for mental health services in the jurisdiction of the consortium;
(b) A description of the types of services to be offered to emotionally disturbed children based on the amount of money available to pay the costs of such mental health services within the jurisdiction of the consortium;
(c) Criteria for eligibility for those services;
(d) A description of the manner in which those services may be obtained by eligible children;
(e) The manner in which the costs for those services will be allocated;
(f) The mechanisms to manage the money provided for those services;
(g) Documentation of the number of emotionally disturbed children who are not currently being provided services, the costs to provide services to those children, the obstacles to providing services to those children and recommendations for removing those obstacles;
(h) Methods for obtaining additional money and services for emotionally disturbed children from private and public entities; and
(i) The manner in which family members of eligible children and other persons may be involved in the treatment of the children.
4. On or before January 15 of each year, each mental health consortium shall submit the recommended plan prepared pursuant to this section to the department. If the department disapproves the plan, the department shall submit the plan to the consortium for revision and resubmission to the department.
[5. On or before January 15 of each year, each
mental health consortium shall submit the recommended plan prepared pursuant to
this section to the legislative committee on children, youth and families
established pursuant to section 37 of this act and shall submit progress
reports to the legislative committee on children, youth and families at the end
of each calendar quarter.]”.
Amend sec. 133, page 59, by deleting lines 2 through 20 and inserting:
“Sec. 133. The legislative committee on children, youth and families established pursuant to section 37 of this act shall monitor the transfer of duties relating to the provision of child welfare services from the division of child and family services of the department of human resources to each agency which provides child welfare services in a county whose population is 100,000 or more, including, without limitation, the fiscal effects resulting from the transfer of such duties.”.
Amend sec. 133.3, page 59, by deleting line 28 and inserting:
“the legislative committee on children, youth and families established pursuant to section 37 of this”.
Amend sec. 133.3, page 59, line 30, by deleting “oversight committee” and inserting:
“committee on children, youth and families”.
Amend the bill as a whole by deleting sec. 133.7 and inserting:
“Sec. 133.7. (Deleted by amendment.)”.
Amend sec. 134, page 60, by deleting lines 14 through 18 and inserting “abolishment.”.
Amend sec. 134, page 63, by deleting lines 4 through 15 and inserting:
“agency within the classification and unit in which the employee is employed if the employee has maintained the same classification that the employee had before accepting employment with the county agency pursuant to subsection 2.”.
Amend sec. 135, page 63, by deleting lines 30 and 31 and inserting:
“to provide child welfare services must be determined by the governor.”.
Amend sec. 135.3, page 63, by deleting line 33 and inserting:
“fund to the division of child and family services of the department of human resources the sum of $5,166,860 for one-time”.
Amend sec. 135.3, page 63, by deleting lines 39 though 48 and inserting:
“2. The money appropriated by subsection 1 must be deposited into the account established solely for the costs related to the integration of the child welfare system.”.
Amend sec. 135.5, page 64, line 6, by deleting:
“interim finance committee” and inserting:
“division of child and family services of the department of human resources”.
Amend sec. 135.5, page 64, by deleting lines 15 through 24 and inserting:
“2. The money appropriated by subsection 1 must be deposited into the account established solely for the costs related to the integration of the child welfare system.”.
Amend sec. 135.7, page 64, line 40, by deleting “a new” and inserting “the”.
Amend sec. 135.7, page 64, by deleting lines 42 through 48 and inserting:
“The interim finance committee may approve the transfer of money from those three budget accounts pursuant to this subsection upon receipt of a recommendation to do so from the governor.”.
Amend sec. 136, page 65, line 31, after “inclusive,” by inserting “126,”.
Amend sec. 136, page 65, between lines 32 and 33 by inserting:
“8. Section 131 of this act becomes effective on July 1, 2005.”.
Amend the title of the bill, third and fourth lines, by deleting:
“creating a legislative oversight committee on the integration of state and local child welfare systems;” and inserting:
“establishing a legislative committee on children, youth and families;”.