(a) The Commissioner is responsible for providing all-inclusive services for people who suffer from behavioral health challenges or behavioral health disorders who otherwise cannot be served by the community service networks. The Department may develop contracts to deliver safety net services if the Department determines contracts to be appropriate and cost-effective. The governmentally operated safety net includes but is not limited to but shall include the following:(1) Emergency hospital beds for people requiring medical stabilization, assessment or treatment;(2) Intermediate and long-term treatment for people who need long-term structured care;(3) Forensic services;(4) Intensive case management;(5) Residential Facility Services; and(6) Other necessary services as determined by the Commissioner.
(1) Emergency hospital beds for people requiring medical stabilization, assessment or treatment;
(2) Intermediate and long-term treatment for people who need long-term structured care;
(3) Forensic services;
(4) Intensive case management;
(5) Residential Facility Services; and
(6) Other necessary services as determined by the Commissioner.
(b) The Commissioner is responsible for providing technical assistance for program development, promoting effective coordination with the Department, the Department of Education, the Bureau of Corrections, the Police Department, the Judiciary, the Department of Human Services and other relevant departments or agencies to develop new resources to clinically assesses and improve the availability and accessibility of comprehensive community support services to persons who suffer from behavioral health disorders.
(c) The Department of Health in conjunction with the Department of Human Services, and the Department of Education shall implement a process to effectively assess individuals when referred for psychiatric and/or psychological evaluations to identify if the individual may be having behavioral challenges because of developmental disorders such as:(1) cognitive disabilities;(2) autism spectrum disorder;(3) learning disorders;(4) expressive and receptive language disorders;(5) intellectual disabilities; or(6) pervasive developmental disorders, including those that are not always specifically diagnosed.
(1) cognitive disabilities;
(2) autism spectrum disorder;
(3) learning disorders;
(4) expressive and receptive language disorders;
(5) intellectual disabilities; or
(6) pervasive developmental disorders, including those that are not always specifically diagnosed.
(d) The Department in conjunction with the Department of Human Services and Department of Education shall ensure that diagnostic techniques take into consideration the following where appropriate:(1) Diagnoses may also include other communication or social disorders. This may even include specific functional assessments for specific issues such as EQ (emotional intelligence) or attention issues, or personality assessment elements that are frequently identified as concerns. This process will determine treatment options and appropriate placement if needed, based on the individual’s specific needs.(2) Early screening and assessment of children must occur at various stages of development as part of a prevention strategy to reduce the likelihood of children developing health related illness, especially behavioral health challenges. The Department of Education, Department of Human Services and the Department shall work to implement the Adverse Childhood Experiences (ACE) survey for all children in the territory from birth through high school age.(3) Adverse childhood experiences, or ACEs, are potentially traumatic events that occur in childhood (0-17 years). ACEs include experiencing violence, abuse or neglect, witnessing violence in the home or community, or having a family member die by suicide. Also included are aspects of the child’s environment that can undermine their sense of safety, stability, and bonding, such as growing up in a household with substance use problems, mental health problems, and instability due to parental separation or household members being in jail or prison. Many other traumatic experiences could impact health and wellbeing.(4) ACEs are linked to chronic health problems, mental illness, and substance use problems in adolescence and adulthood. ACEs can also negatively impact education, job opportunities, and earning potential.
(1) Diagnoses may also include other communication or social disorders. This may even include specific functional assessments for specific issues such as EQ (emotional intelligence) or attention issues, or personality assessment elements that are frequently identified as concerns. This process will determine treatment options and appropriate placement if needed, based on the individual’s specific needs.
(2) Early screening and assessment of children must occur at various stages of development as part of a prevention strategy to reduce the likelihood of children developing health related illness, especially behavioral health challenges. The Department of Education, Department of Human Services and the Department shall work to implement the Adverse Childhood Experiences (ACE) survey for all children in the territory from birth through high school age.
(3) Adverse childhood experiences, or ACEs, are potentially traumatic events that occur in childhood (0-17 years). ACEs include experiencing violence, abuse or neglect, witnessing violence in the home or community, or having a family member die by suicide. Also included are aspects of the child’s environment that can undermine their sense of safety, stability, and bonding, such as growing up in a household with substance use problems, mental health problems, and instability due to parental separation or household members being in jail or prison. Many other traumatic experiences could impact health and wellbeing.
(4) ACEs are linked to chronic health problems, mental illness, and substance use problems in adolescence and adulthood. ACEs can also negatively impact education, job opportunities, and earning potential.
(e) The Departments of Health, Human Services and Education shall work to reduce or prevent ACEs by doing the following:(1) Assessing service needs, monitoring service delivery related to these needs and evaluating the outcomes of programs designed to meet these needs in order to enhance the quality and effectiveness of community support services; and(2) Preparing a report that describes the system of community support services in the Territory. The report must include:(A) Existing service resources and deficiencies in the system of services;(B) Assessment of the roles and responsibilities of behavioral health agencies, human services agencies, health agencies and similar departments of the government, to suggest ways in which these agencies and departments can better cooperate to improve the service system for persons who suffer from behavioral health challenges or disorders; and(C) Interdepartmental coordination, including review by the Commissioner, the Department, Department of Education, Bureau of Corrections, Police Department, Judiciary, and Department of Human Services of the report to ensure recommendations with respect to administrative and funding improvements in the system of community support services to persons who suffer from behavioral health challenges or disorders.
(1) Assessing service needs, monitoring service delivery related to these needs and evaluating the outcomes of programs designed to meet these needs in order to enhance the quality and effectiveness of community support services; and
(2) Preparing a report that describes the system of community support services in the Territory. The report must include:(A) Existing service resources and deficiencies in the system of services;(B) Assessment of the roles and responsibilities of behavioral health agencies, human services agencies, health agencies and similar departments of the government, to suggest ways in which these agencies and departments can better cooperate to improve the service system for persons who suffer from behavioral health challenges or disorders; and(C) Interdepartmental coordination, including review by the Commissioner, the Department, Department of Education, Bureau of Corrections, Police Department, Judiciary, and Department of Human Services of the report to ensure recommendations with respect to administrative and funding improvements in the system of community support services to persons who suffer from behavioral health challenges or disorders.
(A) Existing service resources and deficiencies in the system of services;
(B) Assessment of the roles and responsibilities of behavioral health agencies, human services agencies, health agencies and similar departments of the government, to suggest ways in which these agencies and departments can better cooperate to improve the service system for persons who suffer from behavioral health challenges or disorders; and
(C) Interdepartmental coordination, including review by the Commissioner, the Department, Department of Education, Bureau of Corrections, Police Department, Judiciary, and Department of Human Services of the report to ensure recommendations with respect to administrative and funding improvements in the system of community support services to persons who suffer from behavioral health challenges or disorders.
(f) The Department in conjunction with the Department of Human Services and Education shall participate with school administrative units in transition planning for each student with a behavioral health challenge, or behavioral health disorder, and shall develop a school-based Behavioral Health Assessment and Transition team composed of members of each Department, school, and community mental health professionals. This Team shall assess the needs and existing resources, clarify roles and responsibilities for school-based behavioral health support, and outline levels of intervention.
(g) The Department, in conjunction with the Division of Special Needs Education, within the Department of Education (DOE), shall adopt an evidenced-based psychosocial screening tool designed to identify cognitive, socio-emotional, and behavioral challenges, to identify needs that will determine which tiered service students should receive. The tiers are as follows:(1) Tier 1: DOE designed prevention delivered within the scope of educational programming;(2) Tier 2: Interventions developed by DOE, with the assistance and assessment of both the Departments of Health and Human Services, focused on students with mild or emerging mental health needs of a social, emotional, or behavioral nature;(3) Tier 3: The Assessment team, Health, Human Services and Education, shall meet quarterly to determine needed interventions, for students with more advanced mental health needs of a social, emotional, or behavioral nature.
(1) Tier 1: DOE designed prevention delivered within the scope of educational programming;
(2) Tier 2: Interventions developed by DOE, with the assistance and assessment of both the Departments of Health and Human Services, focused on students with mild or emerging mental health needs of a social, emotional, or behavioral nature;
(3) Tier 3: The Assessment team, Health, Human Services and Education, shall meet quarterly to determine needed interventions, for students with more advanced mental health needs of a social, emotional, or behavioral nature.
(h) The Commissioner shall:(1) Assign appropriate staff as a transition contact person and as a member of the transition planning team for each student, who is receiving special education services, and who is a minor or young adult, if it is determined appropriate by the student’s individualized education program team. Develop, encourage and foster Territory-wide, regional and local plans and programs for persons who suffer from behavioral health challenges or mental health disorders, substance use disorder, and for the treatment of persons who suffer from behavioral health challenges, mental health disorders, or substance use disorder in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes;(2) Enlist the assistance of organizations and individuals interested in prevention of behavioral health challenges, mental health disorders, substance use disorder, and in the treatment of behavioral health challenges, mental health disorders, or substance use disorders;(3) Cooperate and coordinate with the Virgin Islands Police Department (V.I.P.D.), Bureau of Corrections, and Board of Parole in establishing and conducting programs to provide treatment for persons in or on parole from correctional institutions who suffer from behavioral health challenges mental health disorders, or substance use disorders;(4) Cooperate and coordinate with the Department of Education, the Board of Education, schools, the courts, and other public and private agencies, organizations and individuals in establishing programs and for the treatment of persons who suffer from behavioral health challenges, mental health disorders, or substance use disorders;(5) Prepare, publish, evaluate and disseminate educational materials dealing with the nature and effects of behavioral health challenges, mental health disorders, and substance use disorders;(6) Develop and implement, as an integral part of treatment programs, educational programs for use in the treatment of behavioral health challenges, mental health disorders, or substance use disorders, which programs must include the dissemination of information concerning the nature and effects of behavioral health challenges, mental health disorders, and substance use disorders;(7) Organize and foster training programs for all persons engaged in the treatment of persons who suffer from behavioral health challenges, mental health disorders, or substance use disorders;(8) Sponsor and encourage research into the causes and nature of behavioral health disorders, and substance use disorders and the treatment of persons who suffer from behavioral health challenges mental health disorders, or substance use disorders and serve as a clearinghouse for information relating to behavioral health, mental health disorders, and substance use disorders;(9) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including the number of persons treated, frequency of admission and readmission, and frequency and duration of treatment;(10) Review all Territorial health, welfare, and treatment plans to be submitted for federal funding and advise on provisions to be included relating to behavioral health challenges, mental health disorders, and substance use disorders;(11) Assist in the development of and coordination with substance use education and treatment programs and occupational and employee assistance programs for employees of the Government of the Virgin Islands and businesses and industries in this Territory;(12) Use the support and assistance of interested persons in the community, particularly recovered substance dependent persons, to encourage substance dependent persons to seek treatment voluntarily;(13) Cooperate with the Attorney General, director of the Office of Highway Safety, the Superior Court and the Police Commissioner in establishing and conducting programs designed to address the problems of persons operating motor vehicles while intoxicated or under the influence of drugs;(14) Encourage hospitals and other appropriate health facilities to admit without discrimination persons who suffer from behavioral health challenges, mental health disorders, and substance use disorders to provide them with adequate and appropriate treatments.(15) Encourage all health and disability insurance programs to include substance use disorder as a covered illness;(16) Provide for adequate and appropriate treatment for persons admitted pursuant to this chapter who suffer from behavioral health challenges, mental health disorders, and substance use disorders. However, treatment may not be provided at a correctional institution except for inmates;(17) Maintain, supervise, and control all facilities operated by or subject to the policies of the Department. The administrator of each facility shall make an annual report of its activities to the Director of the Division of Behavioral Health in the form and manner that the Director specifies;(18) Coordinate all appropriate public and private resources used in all programs;(19) Prepare, publish and distribute annually a current list of all approved public and private treatment facilities;(20) Contract for the use of any facility as an approved public treatments facility if the Director, subject to the approval of the Governor, considers this to be an effective and economical course to follow;(21) Establish such bureaus and appoint such chiefs to head such bureaus as considered appropriate for the efficient and effective functioning of the Division subject to the approval of the Governor;(22) Submit to the Governor, and the Legislature not later than January 15 of each year, an annual report covering the activities of the Division; and(23) Consult the Attorney General and Bureau of Correction in the general implementation of the provisions of this chapter and in the establishment of standards for facilities used in the implementation of this chapter.
(1) Assign appropriate staff as a transition contact person and as a member of the transition planning team for each student, who is receiving special education services, and who is a minor or young adult, if it is determined appropriate by the student’s individualized education program team. Develop, encourage and foster Territory-wide, regional and local plans and programs for persons who suffer from behavioral health challenges or mental health disorders, substance use disorder, and for the treatment of persons who suffer from behavioral health challenges, mental health disorders, or substance use disorder in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes;
(2) Enlist the assistance of organizations and individuals interested in prevention of behavioral health challenges, mental health disorders, substance use disorder, and in the treatment of behavioral health challenges, mental health disorders, or substance use disorders;
(3) Cooperate and coordinate with the Virgin Islands Police Department (V.I.P.D.), Bureau of Corrections, and Board of Parole in establishing and conducting programs to provide treatment for persons in or on parole from correctional institutions who suffer from behavioral health challenges mental health disorders, or substance use disorders;
(4) Cooperate and coordinate with the Department of Education, the Board of Education, schools, the courts, and other public and private agencies, organizations and individuals in establishing programs and for the treatment of persons who suffer from behavioral health challenges, mental health disorders, or substance use disorders;
(5) Prepare, publish, evaluate and disseminate educational materials dealing with the nature and effects of behavioral health challenges, mental health disorders, and substance use disorders;
(6) Develop and implement, as an integral part of treatment programs, educational programs for use in the treatment of behavioral health challenges, mental health disorders, or substance use disorders, which programs must include the dissemination of information concerning the nature and effects of behavioral health challenges, mental health disorders, and substance use disorders;
(7) Organize and foster training programs for all persons engaged in the treatment of persons who suffer from behavioral health challenges, mental health disorders, or substance use disorders;
(8) Sponsor and encourage research into the causes and nature of behavioral health disorders, and substance use disorders and the treatment of persons who suffer from behavioral health challenges mental health disorders, or substance use disorders and serve as a clearinghouse for information relating to behavioral health, mental health disorders, and substance use disorders;
(9) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including the number of persons treated, frequency of admission and readmission, and frequency and duration of treatment;
(10) Review all Territorial health, welfare, and treatment plans to be submitted for federal funding and advise on provisions to be included relating to behavioral health challenges, mental health disorders, and substance use disorders;
(11) Assist in the development of and coordination with substance use education and treatment programs and occupational and employee assistance programs for employees of the Government of the Virgin Islands and businesses and industries in this Territory;
(12) Use the support and assistance of interested persons in the community, particularly recovered substance dependent persons, to encourage substance dependent persons to seek treatment voluntarily;
(13) Cooperate with the Attorney General, director of the Office of Highway Safety, the Superior Court and the Police Commissioner in establishing and conducting programs designed to address the problems of persons operating motor vehicles while intoxicated or under the influence of drugs;
(14) Encourage hospitals and other appropriate health facilities to admit without discrimination persons who suffer from behavioral health challenges, mental health disorders, and substance use disorders to provide them with adequate and appropriate treatments.
(15) Encourage all health and disability insurance programs to include substance use disorder as a covered illness;
(16) Provide for adequate and appropriate treatment for persons admitted pursuant to this chapter who suffer from behavioral health challenges, mental health disorders, and substance use disorders. However, treatment may not be provided at a correctional institution except for inmates;
(17) Maintain, supervise, and control all facilities operated by or subject to the policies of the Department. The administrator of each facility shall make an annual report of its activities to the Director of the Division of Behavioral Health in the form and manner that the Director specifies;
(18) Coordinate all appropriate public and private resources used in all programs;
(19) Prepare, publish and distribute annually a current list of all approved public and private treatment facilities;
(20) Contract for the use of any facility as an approved public treatments facility if the Director, subject to the approval of the Governor, considers this to be an effective and economical course to follow;
(21) Establish such bureaus and appoint such chiefs to head such bureaus as considered appropriate for the efficient and effective functioning of the Division subject to the approval of the Governor;
(22) Submit to the Governor, and the Legislature not later than January 15 of each year, an annual report covering the activities of the Division; and
(23) Consult the Attorney General and Bureau of Correction in the general implementation of the provisions of this chapter and in the establishment of standards for facilities used in the implementation of this chapter.
(i) The Commissioner of Health and government officials mandated under this chapter, shall have absolute immunity from civil liability for all conduct in the course and scope their official duties prescribed by this chapter or for failure to perform any acts under this chapter due to an existing lack of the necessary resources and infrastructure in place to implement the provisions of this chapter.
(j) The Commissioner shall apply for receive, expend, and make grants of funds to any other governmental agencies, community behavioral health, mental health disorder, and substance use disorders service providers, or persons that apply for the funds, to be used in the conduct of their behavioral health and intellectual disabilities and other developmental disabilities services under the following conditions:(1) The programs granted funds by the Commissioner must provide for adequate standards of professional services in accordance with local and federal law;(2) The Commissioner may require the person or entity applying for funds to produce evidence that appropriate governmental and other funding sources have been sought to assist in the financing of its behavioral health services;(3) After negotiation with the person or entity applying for funds, the Commissioner may execute a contract or agreement subject to the approval of the Governor, to provide behavioral health services that reflect the commitment of governmental and other funds to assist in the financing of the behavioral health services;(4) The Commissioner must assure, through program monitoring and auditing activities that services are provided by the community behavioral health organization for which distribution of the funds are committed by contract or agreement;(5) The person or entity providing services may apportion other governmental funds in an appropriate manner in accordance with its priorities, service contracts and applicable provisions of local and federal law.
(1) The programs granted funds by the Commissioner must provide for adequate standards of professional services in accordance with local and federal law;
(2) The Commissioner may require the person or entity applying for funds to produce evidence that appropriate governmental and other funding sources have been sought to assist in the financing of its behavioral health services;
(3) After negotiation with the person or entity applying for funds, the Commissioner may execute a contract or agreement subject to the approval of the Governor, to provide behavioral health services that reflect the commitment of governmental and other funds to assist in the financing of the behavioral health services;
(4) The Commissioner must assure, through program monitoring and auditing activities that services are provided by the community behavioral health organization for which distribution of the funds are committed by contract or agreement;
(5) The person or entity providing services may apportion other governmental funds in an appropriate manner in accordance with its priorities, service contracts and applicable provisions of local and federal law.
(k) The Commissioner shall establish a procedure to obtain assistance and advice from consumers of behavioral health services regarding the selection of contractors when funding is requested.
(l) A contract pursuant to this chapter is subject to renewal but must be reviewed yearly if the Department determines that:(1) The community behavioral health service provider has breached the existing contract;(2) The community behavioral health provider has failed to correct deficiencies cited by the Department;(3) The community behavioral health provider is inefficient or ineffective in the delivery of services and is unable or unwilling to improve its performance within a reasonable time; or(4) The community behavioral health provider cannot or will not respond to a reconfiguration of service delivery requested by the Department.
(1) The community behavioral health service provider has breached the existing contract;
(2) The community behavioral health provider has failed to correct deficiencies cited by the Department;
(3) The community behavioral health provider is inefficient or ineffective in the delivery of services and is unable or unwilling to improve its performance within a reasonable time; or
(4) The community behavioral health provider cannot or will not respond to a reconfiguration of service delivery requested by the Department.
(m) The Commissioner shall make contracts necessary or incidental to the performance of the Department’s duties and the execution of its powers, including contracts with public and private agencies, organizations and individuals to pay them for services rendered and furnished to persons who suffer from behavioral health challenges, mental health disorders, and substance use disorders.
(n) The Commissioner shall solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government or the Territory or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant for services in any area concerning behavioral health challenges, mental health disorders, and substance use disorders.