25 U.S.C. § 1665a — Behavioral health prevention and treatment services
submitted 16 years ago by Pub. L. 94-437 to r/title-25-INDIANS · 1,222 words · no verdicts yet
This section directs development of a comprehensive behavioral-health prevention and treatment system, planning, service programs, community plans, coordination, and an assessment of inpatient mental-health needs.
(a) Purposes. The Secretary*, through the Service*, tribes, and organizations, is directed to develop a comprehensive behavioral-health prevention and treatment program coordinating alcohol and substance-abuse, social-service, and mental-health programs; give relevant federal, tribal, State, and local agencies guidance about mental illness, dysfunction, and self-destructive behavior including child abuse and family violence; help tribes identify services and resources; enable tribes and organizations to develop and coordinate community programs with identification, prevention, education, referral, treatment, and multidisciplinary teams; ensure Indians have the same access to behavioral-health services as other citizens; and modify or supplement existing programs and authorities in these areas.
(b) Plans. The Secretary must encourage tribes and organizations to make tribal or local plans and all such groups to join area-wide plans. To the extent feasible, plans must assess the scope of substance abuse*, mental illness, and self-destructive behavior, including suicide, child abuse, and family violence; the number affected or the financial and human cost; existing and needed resources and progress toward the care continuum in subsection (c); and additional funding needed. The Secretary must coordinate plans and outcome reports with national clearinghouses, ensure access by tribes, organizations, and the Service, and provide technical assistance for plans and locally adoptable care standards.
(c) Programs. To the extent feasible and if funded, the Secretary must provide a continuum including community prevention, intervention, outpatient care and aftercare; social and medical detoxification; acute hospitalization; intensive outpatient or day treatment; residential treatment; transitional living; emergency shelter; intensive case management; diagnosis; and healthy approaches to risk and safety including injury prevention. It must provide child services from birth through 17, including fetal-alcohol-spectrum services, mental-health and substance-abuse services, co-occurring-disorder care, prevention, early intervention, treatment, aftercare, safety education, and treatment of neglect and abuse. It must provide adult services ages 18 through 55, including intervention, treatment, aftercare, mental-health and substance-abuse services including sex-specific services, co-occurring-disorder care, risk-behavior education, services for women at risk of giving birth to an affected child, and sex-specific treatment for sexual assault and domestic violence. It must provide family services for intervention, treatment, aftercare, sexual-assault and domestic-violence treatment, and healthy parenting and abuse-related approaches. It must provide services for Indians age 56 and older, including intervention, treatment, aftercare, mental-health and substance-abuse services, co-occurring-disorder care, healthy aging approaches, sex-specific treatment for assault, violence, neglect, abuse, and exploitation, and dementia diagnosis and treatment regardless of cause.
(d) Community plans. A tribal, organizational, or urban organization governing body may adopt a resolution establishing a plan to identify and coordinate resources and programs addressing substance abuse, mental illness, and self-destructive behavior, including child abuse and family violence, among members or the service population. The plan should include behavioral health*, social, intensive outpatient, and continuing aftercare services. At the request of such a body, the Bureau of Indian Affairs and Service must cooperate and provide technical assistance. The Secretary may fund tribes and organizations that adopt such a resolution for planning technical assistance and administrative support.
(e) The Secretary must, where feasible, coordinate planning with federal and State agencies to encourage comprehensive services for Indians wherever they live.
(f) Within one year after March 23, 2010, the Secretary must assess Indian inpatient mental-health needs and the availability and cost of facilities meeting those needs, including possible conversion of underused Service hospital beds into psychiatric units.
The purposes of this section are as follows:
To authorize and direct the Secretary*, acting through the Service*, Indian tribes, and tribal organizations, to develop a comprehensive behavioral health* prevention and treatment program which emphasizes collaboration among alcohol and substance abuse*, social services, and mental health programs.
To provide information, direction, and guidance relating to mental illness and dysfunction and self-destructive behavior, including child abuse and family violence, to those Federal, tribal, State, and local agencies responsible for programs in Indian communities in areas of health care, education, social services, child and family welfare, alcohol and substance abuse, law enforcement, and judicial services.
To assist Indian tribes to identify services and resources available to address mental illness and dysfunctional and self-destructive behavior.
To provide authority and opportunities for Indian tribes and tribal organizations to develop, implement, and coordinate with community-based programs which include identification, prevention, education, referral, and treatment services, including through multidisciplinary resource teams.
To ensure that Indians, as citizens of the United States and of the States in which they reside, have the same access to behavioral health services to which all citizens have access.
To modify or supplement existing programs and authorities in the areas identified in paragraph (2).
The Secretary, acting through the Service, Indian tribes, and tribal organizations, shall encourage Indian tribes and tribal organizations to develop tribal plans, and urban Indian* organizations to develop local plans, and for all such groups to participate in developing areawide plans for Indian Behavioral Health Services. The plans shall include, to the extent feasible, the following components:
An assessment* of the scope of alcohol or other substance abuse, mental illness, and dysfunctional and self-destructive behavior, including suicide, child abuse, and family violence, among Indians, including—
the number of Indians served who are directly or indirectly affected by such illness or behavior; or
an estimate of the financial and human cost attributable to such illness or behavior.
An assessment of the existing and additional resources necessary for the prevention and treatment of such illness and behavior, including an assessment of the progress toward achieving the availability of the full continuum of care described in subsection (c).
An estimate of the additional funding needed by the Service, Indian tribes, tribal organizations, and urban Indian organizations to meet their responsibilities under the plans.
The Secretary, acting through the Service, shall coordinate with existing national clearinghouses and information centers to include at the clearinghouses and centers plans and reports on the outcomes of such plans developed by Indian tribes, tribal organizations, urban Indian organizations, and Service areas relating to behavioral health. The Secretary shall ensure access to these plans and outcomes by any Indian tribe*, tribal organization*, urban Indian organization*, or the Service.
The Secretary shall provide technical assistance to Indian tribes, tribal organizations, and urban Indian organizations in preparation of plans under this section and in developing standards of care that may be used and adopted locally.
The Secretary, acting through the Service, shall provide, to the extent feasible and if funding is available, programs including the following:
A comprehensive continuum of behavioral health care which provides—
community-based prevention, intervention, outpatient, and behavioral health aftercare*;
detoxification (social and medical);
acute hospitalization;
intensive outpatient/day treatment;
residential treatment;
transitional living for those needing a temporary, stable living environment that is supportive of treatment and recovery goals;
emergency shelter;
intensive case management;
diagnostic services; and
promotion of healthy approaches to risk and safety issues, including injury prevention.
Behavioral health services for Indians from birth through age 17, including—
preschool and school age fetal alcohol spectrum disorder services, including assessment and behavioral intervention;
mental health and substance abuse services (emotional, organic, alcohol, drug, inhalant, and tobacco);
identification and treatment of co-occurring disorders and comorbidity;
prevention of alcohol, drug, inhalant, and tobacco use;
early intervention, treatment, and aftercare;
promotion of healthy approaches to risk and safety issues; and
identification and treatment of neglect and physical, mental, and sexual abuse.
Behavioral health services for Indians from age 18 through 55, including—
early intervention, treatment, and aftercare;
mental health and substance abuse services (emotional, alcohol, drug, inhalant, and tobacco), including sex specific services;
identification and treatment of co-occurring disorders (dual diagnosis*) and comorbidity;
promotion of healthy approaches for risk-related behavior;
treatment services for women at risk of giving birth to a child with a fetal alcohol spectrum disorder; and
sex specific treatment for sexual assault and domestic violence.
Behavioral health services for families, including—
early intervention, treatment, and aftercare for affected families;
treatment for sexual assault and domestic violence; and
promotion of healthy approaches relating to parenting, domestic violence, and other abuse issues.
Behavioral health services for Indians 56 years of age and older, including—
early intervention, treatment, and aftercare;
mental health and substance abuse services (emotional, alcohol, drug, inhalant, and tobacco), including sex specific services;
identification and treatment of co-occurring disorders (dual diagnosis) and comorbidity;
promotion of healthy approaches to managing conditions related to aging;
sex specific treatment for sexual assault, domestic violence, neglect, physical and mental abuse and exploitation; and
identification and treatment of dementias regardless of cause.
The governing body of any Indian tribe, tribal organization, or urban Indian organization may adopt a resolution for the establishment of a community behavioral health plan providing for the identification and coordination of available resources and programs to identify, prevent, or treat substance abuse, mental illness, or dysfunctional and self-destructive behavior, including child abuse and family violence, among its members or its service population. This plan should include behavioral health services, social services, intensive outpatient services, and continuing aftercare.
At the request of an Indian tribe, tribal organization, or urban Indian organization, the Bureau of Indian Affairs and the Service shall cooperate with and provide technical assistance to the Indian tribe, tribal organization, or urban Indian organization in the development and implementation of such plan.
The Secretary, acting through the Service, Indian tribes, and tribal organizations, may make funding available to Indian tribes and tribal organizations which adopt a resolution pursuant to paragraph (1) to obtain technical assistance for the development of a community behavioral health plan and to provide administrative support in the implementation of such plan.
The Secretary, acting through the Service, shall coordinate behavioral health planning, to the extent feasible, with other Federal agencies and with State agencies, to encourage comprehensive behavioral health services for Indians regardless of their place of residence.
Not later than 1 year after March 23, 2010, the Secretary, acting through the Service, shall make an assessment of the need for inpatient mental health care among Indians and the availability and cost of inpatient mental health facilities which can meet such need. In making such assessment, the Secretary shall consider the possible conversion of existing, underused Service hospital beds into psychiatric units to meet such need.
Source credit: (Pub. L. 94–437, title VII, § 702, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
- 2010Enacted · Pub. L. 94-437 · 124 Stat. 935
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-437 on 2010-03-23.
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