reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.25 - PREVENTION OF MINORS' ACCESS TO TOBACCO PRODUCTS › Appendix B - RANDOM AND UNANNOUNCED INSPECTION CHECKLIST

Current through August 31, 2023
Inspection Year_________
1. Overall Violation Rate for Prior Year (20__)
				(Percentage)_______x ._____
2. Number of Permittees as of December 31,
				20____:________________
3. Multiply the Overall Violation Rate for Prior Year by
				the Number of Permittees:_____________
4. Multiply the results of Step 3 by
				10:_________________
5. The Result of Step 4 is the Total of Random and
				Unannounced Inspections:________________
(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.33 - ADULT MENTAL HEALTH SERVICES › Section 16.07.33.000 - LEGAL AUTHORITY

Current through August 31, 2023
Under Section
				39-3140, Idaho Code, the
				Department is authorized to promulgate rules to carry out the Regional
				Behavioral Health Services Act. Under Sections
				56-1003(3)(d),
				56-1004, and
				56-1004A, Idaho Code, the Director
				is authorized to adopt rules to supervise and administer a mental health
				program. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.33 - ADULT MENTAL HEALTH SERVICES › Section 16.07.33.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Administrative appeals from a denial of eligibility under
				Section 102 of these
				rules are governed by IDAPA 16.05.03, "Contested Case Proceedings and
				Declaratory Rulings." (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.33 - ADULT MENTAL HEALTH SERVICES › Section 16.07.33.004 - INCORPORATION BY REFERENCE

Current through August 31, 2023
American Psychiatric Association: Diagnostic and Statistical
				Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR),
				Washington, DC, 2022, is hereby incorporated by reference under these rules.
				Copies of the manual are available from the American Psychiatric Association,
				800 Maine Avenue, S.W., Suite 900, Washington, DC 20024. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.33 - ADULT MENTAL HEALTH SERVICES › Section 16.07.33.009 - CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS

Current through August 31, 2023
01.
Background Checks
. All
			 employees, interns, contractors, and volunteers of adult mental health services
			 must comply with IDAPA 16.05.06, "Criminal History and Background Checks,"
			 Section 101.
			 (4-6-23)
02.
Availability to
			 Work or Provide Service
. An individual under Subsection
			 009.01 of this rule is available
			 to work on a provisional basis at the discretion of the employer or agency once
			 the individual has submitted their background check application, it has been
			 reviewed by the employer or agency, and no disqualifying crimes or relevant
			 records are disclosed on the application. An individual is fingerprinted within
			 twenty-one (21) days of submitting their background check. (4-6-23)
a. An individual is allowed to work or have
			 access to participants only under supervision until the background check is
			 completed. (4-6-23)
b. An
			 individual, who does not receive a background check clearance or have a
			 Behavioral Health waiver granted under these rules, may not provide direct care
			 or services, or serve in a position that requires regular contact with
			 participants. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.33 - ADULT MENTAL HEALTH SERVICES › Section 16.07.33.100 - ACCESSING ADULT MENTAL HEALTH SERVICES (AMHS)

Current through August 31, 2023
Individuals may access AMHS administered by the Department's
				Division of Behavioral Health through an eligibility screening. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.33 - ADULT MENTAL HEALTH SERVICES › Section 16.07.33.101 - ELIGIBILITY SCREENING AND MENTAL HEALTH ASSESSMENT

Current through August 31, 2023
01.
Eligibility Screening
. The eligibility screening must be directly
			 related to the participant's mental illness and level of functioning and is
			 based on the eligibility criteria under Section
			 102 of these rules.
			 (4-6-23)
02.
Clinical
			 Assessment
. Once an individual is found eligible for AMHS the individual
			 will be authorized to receive a clinical assessment from a treatment provider
			 in the Division of Behavioral Health's AMHS network to determine level of care.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.33 - ADULT MENTAL HEALTH SERVICES › Section 16.07.33.102 - ELIGIBILITY DETERMINATION

Current through August 31, 2023
01.
Determination of Eligibility for Mental Health Services
. The Department
			 may limit or prioritize mental health services, define eligibility criteria, or
			 establish the number of persons eligible based upon such factors as
			 court-ordered services, availability of funding, the degree of financial need,
			 the degree of clinical need, or other factors. (4-6-23)
02.
Eligibility Requirements
. To
			 be eligible for voluntary mental health services, the individual must: (4-6-23)
a. Be an adult; (4-6-23)
b. Be a resident of the state of Idaho; and
			 (4-6-23)
c. Have a primary
			 diagnosis of SMI or SPMI. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.33 - ADULT MENTAL HEALTH SERVICES › Section 16.07.33.103 - NOTICE OF CHANGES IN ELIGIBILITY FOR MENTAL HEALTH SERVICES

Current through August 31, 2023
The Department may, upon ten (10) days' written notice, reduce,
				limit, suspend, or terminate eligibility for mental health services.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.33 - ADULT MENTAL HEALTH SERVICES › Section 16.07.33.104 - CRISIS INTERVENTION SERVICES

Current through August 31, 2023
Crisis intervention services are available twenty-four (24)
				hours per day, seven (7) days per week to adults experiencing a mental health
				crisis as defined under Section
				010 of these rules. Crisis
				intervention services include evaluation, assessment, intervention,
				stabilization, and follow-up planning. (4-6-23)
01.
Determination of the Need for
			 Crisis Intervention Services
. The Department or its contractors will
			 assess an adult experiencing a mental health crisis to determine whether
			 services are needed to alleviate the crisis. (4-6-23)
02.
Identification of the Crisis
			 Intervention Services Needed
. If crisis intervention services are
			 clinically necessary, as determined by the Department or its contractors, the
			 Department or its contractors will: (4-6-23)
a. Identify the services needed to stabilize
			 the crisis; (4-6-23)
b. Arrange for
			 the provision of the crisis intervention services; and (4-6-23)
c. Document in the individual's record the
			 crisis services that are to be provided to the individual.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.33 - ADULT MENTAL HEALTH SERVICES › Section 16.07.33.105 - NOTICE OF DECISION ON ELIGIBILITY AND RIGHT TO APPEAL

Current through August 31, 2023
01.
Notification of Eligibility
			 Determination
. Within two (2) business days of receiving a completed
			 screening, the Department or its contractors will notify the applicant or the
			 applicant's designated representative in writing of its eligibility
			 determination. (4-6-23)
02.
Notice of Right to Appeal
. When the applicant is not eligible for
			 services through the Department or its contractor(s), the Department or its
			 contractor(s) will notify the applicant or the applicant's designated
			 representative. The written notice will include: (4-6-23)
a. A statement of the decision and the
			 concise reasons for it; (4-6-23)
b.
			 The process and timeline for pursuing an appeal of the decision under IDAPA
			 16.05.03, "Contested Case Proceedings and Declaratory Rulings"; and
			 (4-6-23)
c. The right to be
			 represented on appeal. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.33 - ADULT MENTAL HEALTH SERVICES › Section 16.07.33.120 - PARTICIPANT'S RIGHTS AND RESPONSIBILITIES

Current through August 31, 2023
The Department will inform each participant receiving AMHS
				through the Department of their rights and responsibilities prior to the
				delivery of mental health services. Each participant is given a written
				statement of participant rights and responsibilities, which includes who the
				participant may contact with questions, concerns, or complaints regarding
				services provided. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.000 - LEGAL AUTHORITY

Current through August 31, 2023
Under Sections
				16-2404,
				16-2406,
				16-2423,
				16-2433,
				56-202(b),
				56-203B,
				56-204A,
				56-1003,
				56-1004, and
				56-1004A, Idaho Code, the Idaho
				Legislature has delegated to the Department the responsibility to establish and
				enforce rules and methods of administration needed to provide children's mental
				health services in accordance with the Children's Mental Health Services Act.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 16.07.37, "Children's Mental
			 Health Services." (3-17-22)
02.
Scope
. This chapter defines the appeal process, scope of services,
			 eligibility criteria, and application requirements for the provision of
			 children's mental health services by the Department. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
01.
Appeal
			 from a Denial Based on Eligibility Criteria
. Administrative appeals from
			 a denial of children's mental health services based on the eligibility criteria
			 under Section 107 of these
			 rules are governed by the provisions of IDAPA 16.05.03, "Rules Governing
			 Contested Case Proceedings and Declaratory Rulings." (3-17-22)
02.
Grievances and Expedited
			 Hearings
. Grievances and expedited hearings related to non-Medicaid
			 Youth Empowerment Services (YES) will be provided as described in IDAPA
			 16.05.03 "Rules Governing Contested Case Proceeding and Declaratory Ruling,"
			 Sections 750 and
			 751. (3-17-22)
03.
Appeal of Decision Based on
			 Clinical Judgment
. All decisions involving clinical judgment, which may
			 include the category of services, the particular provider of services, or the
			 duration of services, are reserved to the Department, and are not subject to
			 appeal, administratively or otherwise, in accordance with Maresh v. State, 132
			 Idaho 221, 970 P.2d 14 (Idaho 1999). (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.004 - INCORPORATION BY REFERENCE

Current through August 31, 2023
American Psychiatric Association: Diagnostic and Statistical
				Manual of Mental Disorders, Fifth Edition, (DSM-5), Washington, D.C., American
				Psychiatric Association, 2013, is hereby incorporated by reference under this
				chapter of rules. Copies of the manual are available from the American
				Psychiatric Association, 1000 Wilson Boulevard, Suite 1825, Arlington, VA
				22209-3901. A copy of the manual is also available for public review at the
				Department of Health and Welfare, 450 West State Street, Boise, Idaho, 83702.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.009 - CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS

Current through August 31, 2023
01.
Compliance with Department Criminal
			 History and Background Check
. Department employees, applicants,
			 transfers, reinstated former employees, student interns, contract employees,
			 volunteers, and others assigned to programs that involve direct contact with
			 children or vulnerable adults as defined under Section
			 39-5302, Idaho Code, must comply
			 with the provisions in IDAPA 16.05.06, "Criminal History and Background
			 Checks." (3-17-22)
02.
Availability to Work or Provide Service
. Certain individuals are
			 allowed to provide services after the criminal history and background check is
			 completed as provided in Section
			 56-1004A, Idaho Code, except when
			 they have disclosed a designated crime listed in IDAPA 16.05.06, "Criminal
			 History and Background Checks." The criminal history and background check
			 requirements applicable to each provider type are found in the rules that state
			 the qualifications or certification of those providers. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.011 - DEFINITIONS AND ABBREVIATIONS F THROUGH K

Current through August 31, 2023
For the purposes of these rules, the following terms apply:
				(3-17-22)
01.
Face-to-Face
			 Contact
. An interaction between Department staff and another individual.
			 The interaction may occur in-person or by electronic means that includes both
			 audio and visual technology that comply with HIPAA and 42 CFR Part 2.
			 (3-17-22)
02.
Family
.
			 A family is two (2) or more persons related by blood, marriage, or adoption.
			 (3-17-22)
03.
Family Support
			 Services
. Assistance provided to a family to assist them in caring for a
			 child eligible for services under Section
			 107 of these rules. The purpose of
			 family support services is to strengthen adults in their role as parents
			 through the provision of services including: assistance with transportation,
			 family counseling services, training, education, and emergency assistance funds
			 in accordance with IDAPA 16.06.13, "Emergency Assistance for Families and
			 Children." Family support services must be on the treatment plan.
			 (3-17-22)
04.
Federal Poverty
			 Guidelines
. Guidelines issued annually by the Federal Department of
			 Health and Human Services establishing the poverty income limits. The federal
			 poverty guidelines for the current year may be found online at
http://aspe.hhs.gov/poverty/
.
			 (3-17-22)
05.
Guardian
. (3-17-22)
a. As set
			 forth under Title 15, Chapter 5, Part 2, Idaho Code, an individual who has been
			 appointed by a court of law to have and exercise the powers and
			 responsibilities of a parent who has not been deprived of custody of their
			 minor and unemancipated child; or (3-17-22)
b. The Department, an agency, or an
			 individual, other than a parent, who is acting in the place of a parent (in
			 loco parentis) or, has assumed legal responsibility for, legal custody of, or
			 control of a child. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.012 - DEFINITIONS AND ABBREVIATIONS L THROUGH R

Current through August 31, 2023
For the purposes of these rules, the following terms apply:
				(3-17-22)
01.
Licensed
.
			 Facilities or programs that are licensed in accordance with the provisions of
			 IDAPA 16.06.02, "Child Care Licensing," or hospitals licensed in accordance
			 with IDAPA 16.03.14, "Hospitals." (3-17-22)
02.
Medicaid
. Idaho's Medical
			 Assistance Program administered under Title XIX of the Social Security Act.
			 (3-17-22)
03.
Outpatient
			 Services
. Mental health services provided to a child who is not admitted
			 to a psychiatric hospital or in a residential treatment setting.
			 (3-17-22)
04.
Parent
.
			 A person who, by birth or through adoption, is considered legally responsible
			 for a child. The term "guardian" is not included in the definition of parent.
			 (3-17-22)
05.
Placement
			 Agreement
. A standardized, written agreement, signed by the Department
			 and a parent or guardian, that outlines specific responsibilities of each party
			 regarding the child's placement in alternate care. (3-17-22)
06.
Residential Treatment
. A
			 treatment facility licensed as a children's residential care facility that
			 provides twenty-four (24) hour care in a highly-structured setting delivering
			 substitute parental care and mental health services. (3-17-22)
07.
Respite Care
. Time-limited
			 care provided to children. Respite care is utilized in circumstances that
			 require short term, temporary care of a child by a caregiver different from the
			 child's usual caregiver. The duration of an episode of respite care ranges from
			 one (1) partial day up to fourteen (14) consecutive days. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.013 - DEFINITIONS AND ABBREVIATIONS S THROUGH Z

Current through August 31, 2023
For the purposes of these rules, the following terms apply:
				(3-17-22)
01.
Sliding Fee
			 Scale
. A scale used to determine an individual's cost for services based
			 on Federal Poverty Guidelines and found in IDAPA 16.07.01, "Behavioral Health
			 Sliding Fee Schedules." (3-17-22)
02.
Teens at Risk
. Individuals
			 attending Idaho secondary public schools who have been identified by school
			 personnel or their designee as expressing or exhibiting indications of
			 depression, suicidal inclination, emotional trauma, substance use, or other
			 behaviors or symptoms that indicate the existence of, or that may lead to, the
			 development of mental illness or a substance use disorder. (3-17-22)
03.
Teen Early Intervention
			 Specialist
. A person with a master's degree in social work, psychology,
			 marriage and family therapy, counseling, chemical dependency, addictive
			 studies, psychiatric nursing, or very closely-related field of study contracted
			 to work with teens at risk. (3-17-22)
04.
Title XIX (Medicaid)
. Title
			 XIX of the Social Security Act, known as Medicaid, is a medical benefits
			 program jointly financed by the federal and state governments and administered
			 by the states. This program pays for medical assistance for certain individuals
			 and families with low income and limited resources. (3-17-22)
05.
Treatment Foster Care
. A
			 service that provides clinical intervention for children eligible for services
			 under Section 107 of these
			 rules within the private homes of trained, licensed foster families.
			 (3-17-22)
06.
Treatment
			 Plan
. The individualized treatment plan describes the child's strengths
			 and needs, short and long-term treatment goals, desired outcomes, and the
			 roles, strategies, resources, and timeframes for coordinated implementation of
			 services and supports. The plan is developed with the child, when possible, and
			 the child's parent or guardian. The treatment plan includes a crisis plan and
			 plans for transitioning out of services or to adult services. The treatment
			 plan also includes the alternate care plan, if the child is in alternate care.
			 (3-17-22)
07.
Wraparound
. Wraparound is a planning process that brings together
			 a team of professionals and citizens working together to support children
			 eligible for services under Section
			 107 of these rules and their
			 families. Members of the team include the child, family members,
			 representatives of public and private agencies, civic groups, and other
			 community members. The services and supports focus on the strengths of the
			 child and family, are provided in the local community, and are customized to
			 fit the individual culture of the family. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.100 - CHILDREN'S MENTAL HEALTH SERVICES

Current through August 31, 2023
The Department is the lead agency in establishing and
				  coordinating community supports, services, and treatment for children eligible
				  for services under Section
				  107 of these rules and their
				  families. The following services, as defined under Sections
				  010 through
				  013 of these rules, are provided by
				  or through Children's Mental Health field offices in each region:
				  (3-17-22)
01.
Assessment
.
				(3-17-22)
02.
Case
				Management
. (3-17-22)
03.
Crisis Response
. (3-17-22)
04.
Day Treatment Services
.
				(3-17-22)
05.
Family Support
				Services
. (3-17-22)
06.
Inpatient Services
. (3-17-22)
07.
Outpatient Services
.
				(3-17-22)
08.
Residential
				Treatment
. (3-17-22)
09.
Respite Care
. (3-17-22)
10.
Treatment Foster Care
.
				(3-17-22)
11.
Wraparound
. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.101 - TEENS AT RISK PROGRAM

Current through August 31, 2023
The Teens at Risk program is for individuals attending Idaho
				  secondary public schools who have been identified by school personnel or their
				  designee as expressing or exhibiting indications of depression, suicidal
				  inclination, emotional trauma, substance use, or other behaviors or symptoms
				  that indicate the existence of, or that may lead to, the development of mental
				  illness or a substance use disorder. The Department may enter into contracts
				  for Teens at Risk programs in cooperation with Idaho public school districts
				  subject to Department appropriations and available funding for this program.
				  The Department reserves the right to make the final determination to award a
				  school district a Teens at Risk contract. (3-17-22)
01.
Application
. School
				districts may apply to the Department through a competitive application
				process. The Department will provide written information to the State
				Department of Education and interested school districts on the amount of
				funding available, closing date for submission of applications, and information
				on how to obtain application forms and instructions by July 1 of each year that
				funding is available. Only applications submitted on the prescribed forms and
				consistent with Department instructions will be considered for evaluation.
				(3-17-22)
02.
Contracting
				Process
. (3-17-22)
a. A team comprised
				of at least one (1) Department staff person, a representative from the state
				Department of Education, a representative from the local school district, and a
				parent, will evaluate the applications from school districts for contracts for
				Teens at Risk programs. The evaluation criteria will include the demonstrated
				need for the program in the school district and the contribution the school
				district is providing to the program, with a preference for rural school
				districts. The Department will consider the team recommendations and make the
				final determination of contracts for Teens at Risk programs.
				(3-17-22)
b. The number of school
				districts awarded a Teens at Risk program will depend upon the amount of
				specific funding appropriated by the legislature for this program.
				(3-17-22)
c. The Department will
				enter into a written contract with each school district awarded a Teens at Risk
				program. The contract will set forth the terms, services, data collecting,
				funding, and other activities prior to the implementation of the program.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.105 - ACCESSING CHILDREN'S MENTAL HEALTH SERVICES

Current through August 31, 2023
Children's mental health services may be accessed either
				  through an application for services or through a court order for services. An
				  application for services must be signed by a child's parent or guardian.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.106 - MENTAL HEALTH ASSESSMENT

Current through August 31, 2023
Once an application has been signed or a court order has been
				  received for children's mental health services, the Department will schedule
				  and conduct a mental health assessment. Each mental health assessment will be
				  documented using the Department's Idaho Standard Mental Health Assessment
				  Report at
http://www.healthandwelfare.idaho.gov
.
				  A Department clinician will either complete a mental health assessment, or, at
				  the Department's discretion, accept an assessment completed by another mental
				  health professional. In order to be considered, assessments completed by other
				  mental health professionals must have occurred within ninety (90) days prior to
				  the date of application or court order. The Department clinician will gather
				  additional information, as needed, in order to complete the assessment process.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.107 - ELIGIBILITY DETERMINATION

Current through August 31, 2023
01.
The
				Department Determines Eligibility for Mental Health Services
. The total
				number of children who are eligible for mental health services through the
				Department will be established by the Department. The Department may, in its
				sole discretion, limit or prioritize mental health services, define eligibility
				criteria, or establish the number of persons eligible based upon such factors
				as court-ordered services, availability of funding, the degree of financial
				need, the degree of clinical need, or other factors. (3-17-22)
02.
Eligibility Requirements
. To
				be eligible for children's mental health services through a voluntary
				application to the Department, the applicant must: (3-17-22)
a. Be under eighteen (18) years of age;
				(3-17-22)
b. Reside within the
				state of Idaho; (3-17-22)
c. Have a
				DSM-5 mental health diagnosis. A substance use disorder alone, or developmental
				disorder alone, does not constitute an eligible mental health diagnosis,
				although one (1) or more of these conditions may coexist with an eligible
				mental health diagnosis; and (3-17-22)
d. Have a substantial functional impairment
				as assessed by using the Department's approved tool.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.110 - NOTICE OF DECISION ON ELIGIBILITY

Current through August 31, 2023
01.
Notification of Eligibility Determination
. The Department will
				determine the child's eligibility for children's mental health services, in
				accordance with Section
				107 of these rules, within thirty
				(30) calendar days of receipt of a signed application for services. Within five
				(5) working days of the determination of eligibility, the Department will send
				written notification to the child's parent or guardian of the eligibility
				determination. The written notice will include: (3-17-22)
a. The child's name and identifying
				information; (3-17-22)
b. A
				statement of the decision; (3-17-22)
c. A concise statement of the reasons for the
				decision; and (3-17-22)
d. The
				process for pursuing an administrative appeal regarding eligibility
				determinations. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.115 - TREATMENT PLAN

Current through August 31, 2023
A treatment plan will be developed by the Department, a
				  parent or guardian, and the child, if appropriate, and may include the service
				  provider or service providers. This plan will be specific, measurable, and
				  realistic in the identification of the goal(s), relevant areas of concern, and
				  desired results. (3-17-22)
01.
Development of Treatment Plan
. A treatment plan will be completed
				within fifteen (15) days of the date the child was determined eligible for
				children's mental health services. The parent or guardian must be given the
				opportunity to participate in the development of the treatment plan and sign
				it. The parent or guardian must sign the treatment plan indicating their
				agreement with service needs identified and their participation in its
				development. If these signatures, indicating participation in the development
				of the treatment plan are not obtained, the reason the signatures were not
				obtained must be documented in the record, including the reason for the
				parent's or guardian's refusal to sign. If the services are court-ordered and
				the parent or guardian refuses to sign the plan, the refusal must also be
				documented on the plan. If the services are voluntary and the parent or
				guardian refuses to sign the plan, the Department may close the case.
				(3-17-22)
02.
Annual
				Development of Treatment Plan
. The Department will develop a plan at
				least annually. The parent or guardian will be given the opportunity to
				participate in the annual development of the treatment plan and to sign it.
				(3-17-22)
03.
One Hundred
				Twenty Day Review
. Treatment plans are to be reviewed with the family at
				least once every one hundred twenty (120) days. (3-17-22)
04.
Goals and Tasks
. Treatment
				plans must include a long-term goal that identifies specific behavior changes,
				have measurable desired results, and have specific tasks that identify by whom,
				how, and when the tasks will be completed. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.116 - OUTCOMES FOR CHILDREN'S MENTAL HEALTH SERVICES

Current through August 31, 2023
Outcomes for children's mental health services are measured
				  through the administration of a satisfaction survey and the Department-approved
				  standardized functional assessment tool. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.117 - CASE RECORDS

Current through August 31, 2023
01.
Electronic and Physical Files
. The Department must maintain an
				electronic file and a physical file containing information on each child
				receiving children's mental health services. The physical file may include
				nonelectronic documentation such as originals or copies of all court orders,
				birth certificates, social security cards, and assessment information that
				originates outside the Department. (3-17-22)
02.
Storage of Records
. All
				physical case records must be stored in a secure file storage area away from
				public access, and retained not less than five (5) years after the case is
				closed, after which they may be destroyed. (3-17-22)
a. Exception for Adoption Records. Complete
				family case records involving adoptive placements must be forwarded to the
				Department's central adoption unit for permanent storage. (3-17-22)
b. Exception for Case Records Involving an
				Indian Child. A case record involving an Indian child must be available at any
				time at the request of an Indian child's tribe or the Secretary of the
				Interior. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.118 - USE OF PUBLIC FUNDS AND BENEFITS

Current through August 31, 2023
Public funds and benefits will be used to provide services
				  for children eligible for services under Section
				  107 of these rules and their
				  families. Services should be planned and implemented to maximize the support of
				  the family's ability to provide adequate safety and well-being for the child at
				  home. If the child cannot receive adequate services within the family home, the
				  Department will arrange services to minimize the need for institutional or
				  alternate care placement. Services will be individually planned with the family
				  to meet the unique needs of each child and family. The Department will not
				  require a parent or guardian to relinquish custody of the child in order to
				  receive Department-funded services. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.119 - FINANCIAL RESPONSIBILITY OF PARENT(S)

Current through August 31, 2023
Parent(s) of a child eligible for services under Section
				  107 of these rules who is receiving
				  outpatient services either directly from the Department, or through Department
				  contracts with private providers, are financially responsible for services
				  provided to their child and to their family, including court-ordered children's
				  mental health services. The financial responsibility for each service will be
				  in accordance with the ability of parent(s) to pay as determined under IDAPA
				  16.07.01, "Behavioral Health Sliding Fee Schedules." Parent(s) will not incur a
				  financial obligation for services provided to their child through a Teens at
				  Risk program. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.120 - SLIDING FEE SCHEDULE FOR CHILDREN'S MENTAL HEALTH OUTPATIENT SERVICES

Current through August 31, 2023
The fee charged to parents for outpatient children's mental
				  health services is determined using the sliding fee schedule under IDAPA
				  16.07.01, "Behavioral Health Sliding Fee Schedules," Section
				  300. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › CHILDREN'S MENTAL HEALTH SERVICES › Section 16.07.37.121 - FEE DETERMINATION FOR CHILDREN'S MENTAL HEALTH OUTPATIENT SERVICES

Current through August 31, 2023
Prior to the delivery of outpatient services, a "Fee
				  Determination" form must be completed by a child's parent when requesting
				  children's mental health services. The fee determination process includes the
				  considerations found under IDAPA 16.07.01, "Behavioral Health Sliding Fee
				  Schedules," Section 400.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.200 - AUTHORITY FOR ALTERNATE CARE PLACEMENT

Current through August 31, 2023
The Department may place a child into alternate care under
				  either of the following conditions in Subsection
				  200.01 or
				  200.02 of this rule:
				  (3-17-22)
01.
Court
				Order
. The Department may place a child into alternate care when the
				Department has been ordered by the Court to provide alternate care for a child.
				(3-17-22)
a. A placement agreement must be
				developed by the Department and the parent or guardian prior to the child's
				placement in alternate care. (3-17-22)
b. The treatment plan will identify areas of
				concern, goals, desired outcomes, time frames, tasks, and task
				responsibilities. (3-17-22)
c. The
				placement agreement entered into between the Department and a parent or
				guardian may be revoked with a twenty-four (24) hour notice by the child's
				parent or guardian. If notice is given by the parent or guardian, the
				Department will notify the court. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.201 - PROTECTIONS FOR CHILDREN IN ALTERNATE CARE

Current through August 31, 2023
01.
Statutory Requirements
. The Department must arrange alternate care
				in accordance with the protections established in: (3-17-22)
a. The Children's Mental Health Services Act,
				Title 16, Chapter 24, Idaho Code; (3-17-22)
b. The Child Protective Act, Title 16,
				Chapter 16, Idaho Code; and (3-17-22)
c. The Indian Child Welfare Act,
				25 USC
				1901, et seq. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.203 - DATE A CHILD ENTERED ALTERNATE CARE

Current through August 31, 2023
A child is considered to have entered alternate care on the
				  date the child is actually placed in an alternate care setting. All alternate
				  care benefits, eligibility determinations, and required reviews are based on
				  the date the child entered alternate care. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.204 - TITLE XIX ELIGIBILITY

Current through August 31, 2023
Children placed in alternate care through the Department are
				  eligible for Title XIX, if they meet the eligibility requirements as defined in
				  IDAPA 16.06.01, "Child and Family Services." Application for these programs
				  will be made by Department clinicians on the forms and in the manner prescribed
				  by the Department's Division of Family and Community Services. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.205 - ALTERNATE CARE LICENSURE

Current through August 31, 2023
All private homes and facilities in Idaho providing alternate
				  care for children under these rules must be licensed in accordance with IDAPA
				  16.06.02, "Child Care Licensing," unless foster care placement of an Indian
				  child is made with a foster home licensed, approved, or specified by the Indian
				  child's tribe, or an institution for children approved by an Indian tribe or
				  operated by an Indian organization. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.206 - ALTERNATE CARE CASE MANAGEMENT

Current through August 31, 2023
Case management must continue while the child is in alternate
				  care and include the following: (3-17-22)
01.
Preparation for Placement
.
				Preparing a child for placement in alternate care is the joint responsibility
				of the child's parent or guardian, the child (when appropriate), the clinician
				and the alternate care provider. (3-17-22)
02.
Information for Alternate Care
				Provider
. The Department and the child's parent or guardian must inform
				the alternate care provider of the alternate care provider's roles and
				responsibilities in meeting the needs of the child and provide the following
				information to the alternate care provider: (3-17-22)
a. Any medical, health, and dental needs of
				the child including the names and addresses of the child's doctor, dentist, and
				other health providers, a record of the child's immunizations, the child's
				current medications, the child's known medical problems, and any other
				pertinent health information concerning the child; (3-17-22)
b. The child's current functioning and
				behaviors; (3-17-22)
c. The child's
				history, past experiences, and reasons for placement into alternate care;
				(3-17-22)
d. The child's cultural
				and racial identity; (3-17-22)
e.
				Any educational, developmental, or special needs of the child;
				(3-17-22)
f. Names and addresses of
				the child's current or last school attended, including homeschool or alternate
				school, if applicable; (3-17-22)
g.
				The child's interests and talents; (3-17-22)
h. The child's attachment to current
				caretakers; (3-17-22)
i. The
				individualized and unique needs of the child; (3-17-22)
j. Procedures to follow in case of emergency;
				and (3-17-22)
k. Any additional
				information that may be required to meet the needs of the child.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.222 - ALTERNATE CARE PLANNING

Current through August 31, 2023
Alternate care planning is mandated by the provisions of
				  Sections 471(a)(15)  and
				  475,
				  P.L.
				  96-272. (3-17-22)
01.
Alternate Care Plan
				Required
. Each child receiving alternate care under the supervision of
				the state must have a standardized written alternate care plan. (3-17-22)
a. The purpose of the plan is to facilitate
				the provision of mental health treatment services and the safe return of the
				child to their own home as expeditiously as possible, or to make other
				permanent arrangements for the child if such return is not feasible.
				(3-17-22)
b. The alternate care
				plan must be included as part of the treatment plan.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.236 - PARENTAL FINANCIAL SUPPORT FOR CHILDREN IN ALTERNATE CARE

Current through August 31, 2023
In accordance with Sections
				  56-203B and
				  16-2406, Idaho Code, parent(s) are
				  responsible for costs associated with the care of their child in alternate
				  care. (3-17-22)
01.
Notice of
				Parental Responsibility
. The Department will provide the parent(s) with
				written notification of their responsibility to contribute toward the cost of
				their child's support, treatment, and care, including clothing, medical,
				incidental, and educational costs. (3-17-22)
02.
Financial Arrangements with
				Parent(s)
. Parent(s) are responsible to reimburse the Department for the
				costs of alternate care when their child is placed in alternate care in
				accordance with a court order or voluntary placement agreement. Parents are
				expected to contribute to the cost of their child's care, but parents will not
				be asked to pay more than the actual cost of care, including clothing, medical,
				incidental, and educational costs. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.237 - SUPPORT AGREEMENTS AND SUPPORT ORDERS

Current through August 31, 2023
01.
Support Agreement for Voluntary Placement
. If the placement is
				voluntary, a parent must sign a support agreement that specifies the amount of
				support to be paid to the Department, when it is to be paid, and the address to
				which it is to be paid. (3-17-22)
02.
Support Order for Payment of
				Involuntary Placement Costs
. In the case of a court-ordered placement,
				if no support agreement has been reached with a parent prior to the court
				hearing, the Department may request the Court hold a support hearing to
				establish a support order for payment of involuntary placement costs.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.240 - INSURANCE COVERAGE

Current through August 31, 2023
The parent or guardian must inform the Department of all
				  insurance policies covering the child, including names of carriers, and policy
				  or subscriber numbers. If medical, health, and dental insurance coverage is
				  available for the child, the parent must acquire and maintain such insurance.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.241 - MEDICAL CARD FOR CHILDREN IN ALTERNATE CARE

Current through August 31, 2023
The Department will issue a medical card to cover medical
				  expenses for each child placed in alternate care. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.244 - MEDICAL EMERGENCIES

Current through August 31, 2023
In case of serious illness, the alternate care provider must
				  immediately seek medical attention for the child and notify the Department as
				  soon as possible. A parent or guardian, the court in an emergency, or the
				  Department, if it is the guardian of the child, has the authority to consent to
				  major medical care or hospitalization in accordance with Section
				  39-4504, Idaho Code.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.245 - DENTAL CARE

Current through August 31, 2023
Each child age three (3) years or older, who is placed in
				  alternate care, must receive a dental examination as soon as possible after
				  placement, but not later than ninety (90) days, and thereafter according to a
				  schedule prescribed by the dentist. (3-17-22)
01.
Costs Paid by Medicaid
. If
				dental care not included in the state medical assistance program is
				recommended, a request for payment will be submitted to the state Medicaid
				dental consultant. (3-17-22)
02.
Emergencies
. Emergency dental services will be provided for
				children in alternate care and paid for by the Department, if there are no
				other financial resources available. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.246 - COSTS OF PRESCRIPTION DRUGS

Current through August 31, 2023
The Department will purchase prescribed drugs, at the
				  Medicaid rate, for a child in alternate care through participating pharmacies.
				  (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.247 - MEDICAL EXAMINATION UPON ENTERING ALTERNATE CARE

Current through August 31, 2023
Within thirty (30) days of entering alternate care, each
				  child will receive a medical examination to assess the child's health status,
				  and thereafter according to a schedule prescribed by the child's physician or
				  other health care professional. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.07.37 - CHILDREN'S MENTAL HEALTH SERVICES › ALTERNATE CARE PLACEMENT › Section 16.07.37.251 - DRIVERS' TRAINING AND LICENSES FOR CHILDREN IN ALTERNATE CARE

Current through August 31, 2023
Only a parent or guardian of a child in alternate care may
				  authorize drivers' training, provide payment, and sign for drivers' licenses
				  and permits. (3-17-22)