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3568Ratification Number: 476Act Number: 431Introducing Body: HouseSubject: Establish the Continuum of Care for Emotionally Disturbed Children, to provide for a governing body therefor to be known as the Policy Council, to provide for an advisory council for this governing body
(A431, R476, H3568)
AN ACT ESTABLISH THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, TO PROVIDE FOR A GOVERNING BODY THEREFOR TO BE KNOWN AS THE POLICY COUNCIL, TO PROVIDE FOR AN ADVISORY COUNCIL FOR THIS GOVERNING BODY, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE CONTINUUM OF CARE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is the purpose of this act to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are adequately met. To achieve this objective, the Continuum of Care for Emotionally Disturbed Children, hereafter referred to as the Continuum of Care is hereinafter established.
Continuum of Care for Emotionally Disturbed
SECTION 2. There is created the Continuum of Care for Emotionally Disturbed Children with a governing board to be known as the Policy Council. The Policy Council consists of ten members as follows: the Governor or his designee, the Commissioner of the Department of Mental Health, the Commissioner of the Department of Social Services, the Commissioner of the Department of Mental Retardation, the Commissioner of the Department of Youth Services, the State Superintendent of Education or his designee, the Chairman of the Joint Committee on Mental Health and Mental Retardation, the Chairman of the Joint Legislative Committee on Children, a representative of a school district serving severely emotionally disturbed children appointed by the Governor; the President of the South Carolina School for the Deaf and Blind, the Superintendent of Wil Lou Gray Opportunity School, and the Superintendent of John de la Howe School shall select from among themselves on a rotating basis a representative to serve on the Policy Council for a three-year term.
The representative appointed by the Governor shall serve for a term of three years and until his successor is appointed and qualifies with the term to expire on June thirtieth of the appropriate year.
The Policy Council shall elect from its members a chairman who will serve for a term of two years. Two-thirds membership of the Policy Council constitutes a quorum for the transaction of business.
The Policy Council shall meet at least six times annually and more frequently upon the call of the chairman to review and coordinate the activities of the Continuum of Care.
The Policy Council shall promulgate regulations and formulate all necessary policies, procedures, and rules of administration and operation to effectively carry out the objectives of this act.
SECTION 3. The Policy Council must be supported by an Advisory Council of not less than ten members to be appointed by the Governor. The Advisory Council must be representative of public and private individuals who are knowledgeable in services to emotionally disturbed children.
Terms of office for members of the Advisory Council are for three years and until their successors are appointed and qualify, except that of the initial appointments, the Governor must designate one-third of the members to serve initial terms of one year each, one-third to serve initial terms of two years each, and the remainder to serve for initial terms of three years each. The terms of all members of the Advisory Council expire on June thirtieth of the appropriate year. Any vacancy must be filled by the Governor for the remainder of the unexpired term.
The Advisory Council shall elect from its members a chairman who shall serve for a term of two years.
The Advisory Council shall meet at least quarterly or more frequently upon the call of the chairman. The Policy Council must meet at least quarterly with the Advisory Council.
Continuum to serve severely emotionally
SECTION 4. The Continuum of Care shall serve children who, at the time of application for services have been diagnosed as severely emotionally disturbed and who have exhausted existing available treatment resources or services. Priority in the selection of clients must be based on criterion to be established by the Continuum of Care.
Duties and functions of Continuum
SECTION 5. The Continuum of Care shall perform the following duties and functions:
(a) identify needs and develop plans to address the needs of severely emotionally disturbed children and youth;
(b) coordinate planning, training, and service delivery among public and private organizations which provide services to severely emotionally disturbed children and youth;
(c) augment existing resources by providing or procuring services, where possible, to complete the range of services needed to serve this population; the scope of services shall include but is not limited to the following:
(1) in-home treatment programs;
(2) residential treatment programs;
(3) education services;
(4) counseling services;
(5) outreach services;
(6) volunteer and community services.
Under circumstances in which the Continuum of Care is unable to procure needed services, it may provide the services until they can be procured;
(d) direct provision of case management services;
(e) supervise and administer the development and operation of the Continuum of Care activities and services on a statewide regional basis.
Council may employ director
SECTION 6. The Policy Council is authorized to employ a director to serve at its pleasure. The director shall employ staff as is necessary to carry out the provisions of this act. The funds for the director, staff, and other purposes of the Continuum of Care and Policy Council will be as provided by the General Assembly in the annual general appropriations act.
SECTION 7. The Policy Council shall submit an annual report to the Governor and General Assembly on the activities of the Continuum of Care and Policy Council.
Administrative support services
SECTION 8. The Department of Mental Health shall provide administrative support services as are necessary to perform the fiscal affairs of the Policy Council and Continuum of Care. This does not provide the Department of Mental Health with regulatory authority over the expenditure of funds, hiring of personnel, or other policy and regulatory decisions.
SECTION 9. This act shall take effect upon approval by the Governor.