Residential foster care programs would hold beds during children’s absences

The Department of Children and Families would pay residential foster care programs to hold beds, and programs would readmit children who meet the return requirements. These rules would cover programs contracted to provide residential foster care for children in the Department of Children and Families’ care or custody. Children must be medically and psychiatrically stable, and returning must be appropriate. A program director or clinical director could deny return if the child’s needs exceed the program’s abilities, with written reasons explaining why efforts to address those needs would fall short. Programs would report covered denials and join placement teams. The department would coordinate care and publish quarterly denial reports, breaking down demographic data where feasible. The department could refer a case to a state panel if the team finds no appropriate placement within seven days, or earlier if more agency help is needed. Payments would cover each day of hospitalization or other leave at the usual rate. At a program’s or discharge setting’s request, the department would convene a placement team within two business days.

The Department of Children and Families would develop a model medical and mental health emergency plan. Contracted residential foster care programs would implement emergency plans. The model would be available to all group care settings. Programs contracted to provide residential foster care for children in state care or custody would have to implement a plan. The model would limit police referrals to cases where an immediate risk of death, serious physical, emotional, or mental harm, or property damage makes referral necessary. The model would include crisis-service protocols and required access to staff training. Programs could adapt it to their needs, with department support. The department would review and update its model every two years. Contracted programs would review their plans every two years.

The Department of Mental Health would take responsibility for people needing specialized mental health services under the agreements referenced in Section 1. Covered services would include inpatient mental health care, community crisis treatment, and intensive residential treatment. Responsibility would depend on the agreements referenced in Section 1. The Department of Mental Health could also take responsibility for providing other services that are not mental health services to the Department of Developmental Services.

The Department of Children and Families and the Department of Developmental Services would each prepare a plan for access to mental health and related services. Each agency’s plan would cover people in its care or custody, including young people with complex mental health needs or developmental disabilities. Each plan would address care after hospitalization, coordination with schools, and shorter waits for an appropriate placement. The plans would include budget needs. The 14-day placement goal would guide planning; it would not guarantee an individual admission within that time. Each agency would submit its plan and budget needs to state officials and lawmakers within 60 days of the act’s effective date.

A 25-member commission would study children whose intensive mental health needs are not adequately met by existing care. The study would cover children and adolescents whose intensive needs, including unsafe behavior, are not adequately addressed by hospital, crisis, or existing residential and community care. The commission would examine service gaps, barriers to treatment, and research on care, including approaches that involve communities and avoid juvenile court involvement. Members would include state officials, care providers, and family representatives. The Secretary of Health and Human Services would publish the report. Appointments would be due within 30 days of the act’s effective date. The text sets January 1, 2026, as the deadline to submit findings and recommendations to lawmakers.