Regular Session 2021-2022 Senate Bill 1269 P.N. 1750

PRINTER'S NO. 1750

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1269

Session of

2022

INTRODUCED BY KANE, FONTANA, COLLETT, COMITTA, MENSCH,

CAPPELLETTI, COSTA, KEARNEY AND SANTARSIERO, JUNE 14, 2022

REFERRED TO AGING AND YOUTH, JUNE 14, 2022

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," in children and youth,

providing for Statewide children's mental health ombudsman.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 13, 1967 (P.L.31, No.21), known

as the Human Services Code, is amended by adding a section to

read:

Section 710. Statewide Children's Mental Health Ombudsman.--

(a) The secretary, subject to the appropriation of State funds

or the receipt of Federal funds for a Statewide children's

mental health ombudsman , shall establish a Statewide children's

mental health ombudsman for the following purposes:

(1) Advocating on behalf of children with mental health

disorders.

(2) Identifying barriers to effective mental health

treatment and proposed solutions.

(3) Monitoring and ensuring compliance with relevant

statutes, regulations, rules and policies pertaining to

children's behavioral health services.

(4) Receiving, investigating and resolving through

administrative action, as described under subsection (e),

complaints filed by a child or by individuals legally authorized

to act on behalf of the child, or by an individual, organization

or government agency that has reason to believe that an entity

regulated by the Commonwealth has engaged in activities,

practices or omissions that constitute violations of applicable

court orders, statutes or regulations or that may have an

adverse effect upon the health, safety, welfare or rights of

children.

(b) Within sixty days of the appropriation of State funds or

receipt of Federal funds required to establish a Statewide

children's mental health ombudsman , the Executive Director of

the Governor's Office of Advocacy and Reform shall designate an

individual to act as the ombudsman who shall be qualified by

training and experience to perform the duties of the ombudsman.

(d) The ombudsman shall serve for a term of five years and

shall continue to hold office until a successor is appointed.

The executive director may reappoint the ombudsman for one

additional term. The executive director may remove the ombudsman

only for neglect of duty, misconduct or inability to perform

duties.

(e) The executive director, in consultation with the

ombudsman and the Deputy Secretary for Mental Health and

Substance Abuse Services , shall establish policies and

procedures to facilitate the purposes of the ombudsman. The

policies and procedures shall include procedures for filing

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complaints, investigating complaints and taking action to

implement resolutions to complaints, including the use of State

agency enforcement authority to resolve complaints as

recommended by the ombudsman.

(f) In ensuring that the goals of the ombudsman are met, the

following shall apply:

(1) The ombudsman shall monitor the development and

implementation of Federal, State and local statutes, regulations

and policies regarding services and supports for children with

mental health disorders, including the education of children

with mental health disorders.

(2) The ombudsman shall maintain complete records of

complaints received, the actions taken, findings, outcomes and

recommendations in response to any complaints and other actions,

including those taken by the Commonwealth and private agency

responses to serious complaints.

(3) Each quarter, the ombudsman shall send a report to each

government agency that was the subject of a complaint received

by the ombudsman during the relevant period, listing the

complaints involving that agency that were received during the

past quarter . The ombudsman shall meet regularly with the

secretary, the Deputy Secretary for Mental Health and Substance

Abuse Services and the executive director and shall report on

any Statewide problems that the ombudsman has identified and

potential solutions.

(4) The ombudsman shall report annually, within one hundred

twenty days of the end of the fiscal year, on the activities of

the ombudsman, including complaints that are relevant to the

ombudsman and an analysis of patterns in complaints made through

the ombudsman and shall make recommendations for legislation,

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policy or programmatic changes related to the protection of the

rights of children with mental health disorders. The report

shall be made available to the public and published on the

department's publicly accessible Internet website and submitted

to the following:

(i) The Governor.

(ii) The President pro tempore of the Senate.

(iii) The Speaker of the House of Representatives.

(iv) The chairperson and minority chairperson of the Aging

and Youth Committee of the Senate.

(v) The chairperson and minority chairperson of the Children

and Youth Committee of the House of Representatives.

(vi) The chairperson and minority chairperson of the

Education Committee of the Senate.

(vii) The chairperson and minority chairperson of the

Education Committee of the House of Representatives.

(viii) The chairperson and minority chairperson of the

Health and Human Services Committee of the Senate.

(ix) The chairperson and minority chairperson of the Health

Committee of the House of Representatives.

(x) The chairperson and minority chairperson of the Human

Services Committee of the House of Representatives.

(g) The department may promulgate regulations necessary for

the implementation of this section.

(h) As used in this section, the term "executive director"

means the Executive Director of the Governor's Office of

Advocacy and Reform.

Section 2. This act shall take effect in 90 days.

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