THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, STACK, ORIE, FONTANA, STOUT, O'PAKE, COSTA, BOSCOLA, EARLL AND FERLO, MARCH 2, 2009

REFERRED TO JUDICIARY, MARCH 2, 2009  

AN ACT

Amending the act of April 14, 1972 (P.L.221, No.63), entitled,

as amended, "An act establishing the Pennsylvania Advisory

Council on Drug and Alcohol Abuse; imposing duties on the

Department of Health to develop and coordinate the

implementation of a comprehensive health, education and

rehabilitation program for the prevention and treatment of

drug and alcohol abuse and drug and alcohol dependence;

providing for emergency medical treatment; providing for

treatment and rehabilitation alternatives to the criminal

process for drug and alcohol dependence; and making repeals,"

further providing for commitment of minors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 12.1(b) of the act of April 14, 1972

(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol

Abuse Control Act, added November 26, 1997 (P.L.501, No.53), is

amended to read:

Section 12.1.  Commitment of Minors.--* * *

(b)  Upon petition pursuant to subsection (a), the court:

(1)  Shall appoint counsel for the minor.

(2)  Shall order a minor who is alleged to have a dependency

on drugs or alcohol to undergo a drug and alcohol assessment

performed by a psychiatrist, a licensed psychologist with

specific training in drug and alcohol assessment and treatment

[or], a certified addiction counselor[.], or an employe or agent

of a single county authority or an employe or agent of a

licensed drug and alcohol treatment entity who has successfully

met all training requirements of the Department of Health

relating to the most recent edition of the adolescent American

Society of Addiction Medicine Patient Placement Criteria or any

instrument that is subsequently approved as adolescent placement

criteria by the Department of Health, and who has at least one

year experience working with adolescents diagnosed with drug and

alcohol abuse or addiction or co-occurring substance use and

emotional disorders. Such assessment shall include a recommended

level of care and length of treatment. [Assessments completed by

certified addiction counselors] With the exception of

assessments completed by a psychiatrist or licensed

psychologist, assessments shall be based on the Department of

Health approved drug and alcohol level of care criteria. [and

shall be reviewed by a case management supervisor in a single

county authority.]

The court shall hear the testimony of the persons performing the

assessment under this subsection at the hearing on the petition

for involuntary commitment.

* * *

Section 2.  This act shall take effect in 60 days.