SB 130: Veterans: mental health.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-04-16
Existing law, the Veterans Housing and Homelessness Prevention Act of 2014, requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to establish and implement programs to assist veterans at risk for homelessness or experiencing temporary or chronic homelessness. Existing law, as added by Proposition 41 on the June 3, 2014, statewide primary election, authorizes the state to sell $600,000,000 in general obligation bonds to fund affordable multifamily housing for low-income and homeless veterans, as specified. Proposition 41 authorizes the Legislature to amend its provisions for purposes of improving efficiency, effectiveness, and accountability, or for the purpose of furthering overall program costs, by a majority vote.
This bill would require the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to establish a grant process to provide grants to entities that provide supportive services as part of housing programs established under the Veterans Housing and Homelessness Prevention Act of 2014. The bill would provide that implementation of this grant process would be subject to appropriation by the Legislature.
Existing law requires every county to establish a community mental health service. Existing law requires cities and counties to use specified funds to establish and maintain a local health and welfare trust fund. To the extent resources are available, existing law directs that the primary goal of the use of the mental health account in that trust fund is to serve specified populations.
This bill would make technical, nonsubstantive changes to those provisions.
Existing law requires every county to establish a community mental health service. Existing law requires cities and counties to use specified funds to establish and maintain a local health and welfare trust fund. To the extent resources are available, existing law directs that the primary goal of the use of the mental health account in that trust fund is to serve specified populations.
This bill would make technical, nonsubstantive changes to those provisions.
(a)The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following:
(1)Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources.
(2)Prioritize projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
(3)Promote public and private partnerships.
(4)Foster innovative financing opportunities.
(5)Ensure program guidelines and terms provide threshold requirements or scoring criteria, or both, to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans.
(b)The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes, as defined in Section 50106 of the Health and Safety Code.
(1)In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a households income sources upon initial tenancy.
(2)At least 60 percent of units funded targeting extremely low income households shall be supportive housing.
(3)This section shall not deter the departments from funding projects serving mixed-income populations.
(c)In order to implement subdivision (a) and the programs established pursuant to this article, the departments shall establish a grant process for purposes of funding supportive services for veterans, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation. Pursuant to that grant process, the departments shall award grants to those entities that provide supportive services for veterans based on the efficiency and effectiveness of the supportive services provided. Implementation of this subdivision shall be subject to appropriation by the Legislature.
(c)
(d)The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)
(e)Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee.
SECTION 1.Section 5600.3 of the Welfare and Institutions Code is amended to read:5600.3.To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority:
(a)(1)Seriously emotionally disturbed children or adolescents.
(2)For the purposes of this part, seriously emotionally disturbed children or adolescents means minors under the age of 18 years who have a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a primary substance use disorder or developmental disorder, which results in behavior inappropriate to the childs age according to expected developmental norms.
(3)Members of this target population shall meet one or more of the following criteria:
(A)As a result of the mental disorder, the child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; and either of the following occur:
(i)The child is at risk of removal from home or has already been removed from the home.
(ii)The mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment.
(B)The child displays one of the following: psychotic features, risk of suicide, or risk of violence due to a mental disorder.
(C)The child meets special education eligibility requirements under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code.
(b)(1)Adults and older adults who have a serious mental disorder.
(2)For the purposes of this part, serious mental disorder means a mental disorder that is severe in degree and persistent in duration, which may cause behavioral functioning which interferes substantially with the primary activities of daily living, and which may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder.
(3)Members of this target population shall meet all of the following criteria:
(A)The person has a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumatic brain injury pursuant to subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2).
(B)(i)As a result of the mental disorder, the person has substantial functional impairments or symptoms, or a psychiatric history demonstrating that without treatment there is an imminent risk of decompensation to having substantial impairments or symptoms.
(ii)For the purposes of this part, functional impairment means being substantially impaired as the result of a mental disorder in independent living, social relationships, vocational skills, or physical condition.
(C)As a result of a mental functional impairment and circumstances, the person is likely to become so disabled as to require public assistance, services, or entitlements.
(4)For the purpose of organizing outreach and treatment options, to the extent resources are available, this target population includes, but is not limited to, any of the following persons:
(A)Homeless persons who are mentally ill.
(B)Persons evaluated by appropriately licensed persons as requiring care in acute treatment facilities including state hospitals, acute inpatient facilities, institutes for mental disease, and crisis residential programs.
(C)Persons arrested or convicted of crimes.
(D)Persons who require acute treatment as a result of a first episode of mental illness with psychotic features.
(5)California veterans in need of mental health services and who meet the existing eligibility requirements of this section, shall be provided services to the extent services are available to other adults pursuant to this section. Veterans who may be eligible for mental health services through the United States Department of Veterans Affairs should be advised of these services by the county and assisted in linking to those services.
(A)No eligible veteran shall be denied county mental health services based solely on his or her status as a veteran.
(B)Counties shall refer a veteran to the county veterans service officer, if any, to determine the veterans eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or other federal health care provider.
(C)Counties should consider contracting with community-based veterans services agencies, where possible, to provide high-quality, veteran specific mental health services.
(c)Adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality, or violence.
(d)Persons who need brief treatment as a result of a natural disaster or severe local emergency.
To the extent resources are available, the primary goal of the use of funds deposited in the mental health account of the local health and welfare trust fund should be to serve the target populations identified in the following categories, which shall not be construed as establishing an order of priority:
(a)(1)Seriously emotionally disturbed children or adolescents.
(2)For the purposes of this part, seriously emotionally disturbed children or adolescents means minors under the age of 18 years who have a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a primary substance use disorder or developmental disorder, which results in behavior inappropriate to the childs age according to expected developmental norms. Members
(3)Members of this target population shall meet one or more of the following criteria:
(A)As a result of the mental disorder, the child has substantial impairment in at least two of the following areas: self-care, school functioning, family relationships, or ability to function in the community; and either of the following occur:
(i)The child is at risk of removal from home or has already been removed from the home.
(ii)The mental disorder and impairments have been present for more than six months or are likely to continue for more than one year without treatment.
(B)The child displays one of the following: psychotic features, risk of suicide suicide, or risk of violence due to a mental disorder.
(C)The child meets special education eligibility requirements under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code.
(b)(1)Adults and older adults who have a serious mental disorder.
(2)For the purposes of this part, serious mental disorder means a mental disorder that is severe in degree and persistent in duration, which may cause behavioral functioning which interferes substantially with the primary activities of daily living, and which may result in an inability to maintain stable adjustment and independent functioning without treatment, support, and rehabilitation for a long or indefinite period of time. Serious mental disorders include, but are not limited to, schizophrenia, bipolar disorder, post-traumatic stress disorder, as well as major affective disorders or other severely disabling mental disorders. This section shall not be construed to exclude persons with a serious mental disorder and a diagnosis of substance abuse, developmental disability, or other physical or mental disorder.
(3)Members of this target population shall meet all of the following criteria:
(A)The person has a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, other than a substance use disorder or developmental disorder or acquired traumatic brain injury pursuant to subdivision (a) of Section 4354 unless that person also has a serious mental disorder as defined in paragraph (2).
(B)(i)As a result of the mental disorder, the person has substantial functional impairments or symptoms, or a psychiatric history demonstrating that without treatment there is an imminent risk of decompensation to having substantial impairments or symptoms.
(ii)For the purposes of this part, functional impairment means being substantially impaired as the result of a mental disorder in independent living, social relationships, vocational skills, or physical condition.
(C)As a result of a mental functional impairment and circumstances, the person is likely to become so disabled as to require public assistance, services, or entitlements.
(4)For the purpose of organizing outreach and treatment options, to the extent resources are available, this target population includes, but is not limited to, persons who are any of the following: following persons:
(A)Homeless persons who are mentally ill.
(B)Persons evaluated by appropriately licensed persons as requiring care in acute treatment facilities including state hospitals, acute inpatient facilities, institutes for mental disease, and crisis residential programs.
(C)Persons arrested or convicted of crimes.
(D)Persons who require acute treatment as a result of a first episode of mental illness with psychotic features.
(5)California veterans in need of mental health services and who meet the existing eligibility requirements of this section, shall be provided services to the extent services are available to other adults pursuant to this section. Veterans who may be eligible for mental health services through the United States Department of Veterans Affairs should be advised of these services by the county and assisted in linking to those services.
(A)No eligible veteran shall be denied county mental health services based solely on his or her status as a veteran.
(B)Counties shall refer a veteran to the county veterans service officer, if any, to determine the veterans eligibility for, and the availability of, mental health services provided by the United States Department of Veterans Affairs or other federal health care provider.
(C)Counties should consider contracting with community-based veterans services agencies, where possible, to provide high-quality, veteran specific mental health services.
(c)Adults or older adults who require or are at risk of requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention because of a mental disorder with symptoms of psychosis, suicidality, or violence.
(d)Persons who need brief treatment as a result of a natural disaster or severe local emergency.
|
Date
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Status
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|---|---|
| Jan 22, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Jan 23, 2015 | From printer. May be acted upon on or after February 22. |
| Feb 5, 2015 | Referred to Com. on RLS. |
| Apr 16, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Apr 22, 2015 | Re-referred to Com. on V.A. |
| Apr 24, 2015 | Set for hearing April 28. |
| Apr 29, 2015 | April 28 set for first hearing. Testimony taken. Further hearing to be set. |
| Feb 1, 2016 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
SB 130 (Roth) Page 6 of 6
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: SB 130 Hearing Date: 4/28/15
Author: |
Roth |
||
Version: |
4/16/15 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Wade Teasdale |
||
Subject: Veterans: mental health
DESCRIPTION
Summary:
Requires specified state departments to establish and implement a grant process that will fund supportive services, as defined, for veterans, who reside in housing provided by the State via the Veterans Housing and Homelessness Prevention (VHHP) Act.
Existing law:
Requires specified state departments to establish and implement housing programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness.
Requires the departments, to the extent feasible, to prioritize projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
This bill:
Requires the California Housing Finance Agency (CHFA), the Department of Housing and Community Development (HCD), and the Department of Veterans Affairs (CalVet) to collaboratively:
Establish a grant process that will fund supportive services for veterans, who reside in VHHP housing, with the services including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
Award grants to those applicants that provide supportive services for veterans based on the efficiency and effectiveness of the supportive services provided. Implementation of this subdivision shall be subject to appropriation.
Provides that Implementation of the grant program shall be subject to appropriation by the Legislature.
BACKGROUND
Supportive Housing and Services
In most years, about 150,000 houses and apartments are built in California. Most of these housing units are built entirely with private dollars. Some, however, receive financial help from federal, state, or local governments. For example, the state provides local governments, nonprofits, and private developers with low-cost loans to fund a portion of the housing units’ construction costs. Typically, housing built with these funds must be sold or rented to Californians with low incomes. A portion of housing units built with state funds is set aside for homeless Californians. These include homeless shelters, short-term housing, and supportive housing. A January 2013 federal government survey identified 137,000 homeless Californians, including about 15,000 veterans. (Source: LAO Analysis, Proposition 41, June 2014 statewide ballot pamphlet).
Supportive housing is permanent rental housing linked to a range of onsite or offsite support services, including mental and physical health care, drug and alcohol abuse counseling, and job training programs, designed to enable residents to maintain stable lives. There is no limit on length of stay.
Transitional housing is a type of supportive housing used to facilitate the movement of homeless individuals and families to permanent housing. A homeless person may live in a transitional apartment for a specified period of time, while receiving supportive services that enable independent living. These are buildings configured and operated as rental housing developments, but are operated under program requirements that call for the termination of assistance and recirculation of the housing unit to another eligible program participant at some predetermined future point in time – which shall be no less than six months and often capped at two years. The intent is to provide extended shelter and supportive services for homeless individuals and/or families with the goal of helping them live independently and transition into permanent housing.
A relatively recent innovation in serving homeless populations, “Housing First” provides an alternative to progressive systems based on the emergency shelter/transitional housing model. Rather than moving homeless individuals or households through different "levels" of housing and eventually to "independent housing," the Housing First approach immediately moves the homeless from the streets or shelters into their own apartments.
Supportive services can include job training, mental health and drug treatment, case management, care coordination, and physical rehabilitation. The United States Department of Veterans Affairs (USDVA) provides eligible veterans with all these except job training, but the veterans must live close enough to access those through a USDVA facility. The USDVA’s Choice program, which is temporary, allows veterans to receive non-VA health care rather than waiting more than 30 days for a VA appointment or traveling to a distant VA facility.
Veterans’ nontraditional housing needs
According to a federal agency report to the Congress:
A veteran is 50 percent more likely to be homeless than a non-veteran. Although only eight percent of adults in the United States are veterans, federal surveys suggest that veterans represent up to 16 percent of America’s homeless population.
Rates of homelessness among veterans living in poverty are particularly high for veterans identifying as Hispanic/Latino (1:4) or African-American (1:4).
Two groups of homeless veterans – women and people between ages 18 and 30 – are small in number. However, female veterans and young veterans are at high risk of becoming homeless, and both groups are growing within the overall veteran population.
According to a major point-in-time survey, nearly half of homeless veterans on a given night were located in four states: California, Florida, Texas, and New York. Only 28 percent of all veterans were located in those same four states.
(Source: “Veteran Homelessness: A Supplemental Report to the 2009 Annual Homeless Assessment Report to Congress,” U.S. Dept of Housing and Urban Development/U.S. Department of Veterans Affairs.)
Veterans Housing and Homelessness Prevention Act
AB 639 (J. Pérez, 2013) became Proposition 41 on the June 2014 statewide ballot and received voter approval. The measure authorizes issuance of $600 million in general obligation (GO) bonds to fund the acquisition, construction, rehabilitation, and preservation of multifamily supportive housing, affordable transitional housing, affordable rental housing, and related facilities for veterans and their families.
The law requires CalVet, HCD, and CHFA to jointly design the program, which then will be implemented by HCD. Affordable housing developers then partner with veterans service providers to build affordable housing dwellings, including supportive housing, which will provide housing and services to veterans who are homeless or who have extremely low income to assist the veterans to achieve housing stability and improve self-sufficiency.
In February 2015, HCD adopted its initial program guidelines, which, among other things, (a) adopt Housing First principles and practices and (b) establish “application selection criteria” that integrate prioritization criteria expressed through preference-point weighting.
Under the guidelines, applications are rated with a maximum total score of 133 points for projects including supportive housing and/or transitional housing, and 105 points for other projects. Those totals include points awarded to an application’s supportive services plan (up to 20 points for projects that include supportive housing or transitional housing, and up to 10 points for other projects). Applications for projects that include supportive housing or transitional housing (which may also include other units) will be scored on those components as indicated in the following excerpt from the HCD guidelines:
Quality and Quantity of Services (12 points maximum).
The quality and quantity of services provided, including staffing patterns and experience, and the degree to which services are specific to veterans.
The appropriateness of the service delivery model, including the extent to which evidence-based or best practices (Critical Time Intervention, Peer Support, Trauma-Informed Care, SSI/SSDI Outreach, Access, and Recovery (SOAR), Motivational Interviewing, voluntary moving-on strategies, etc.) will be employed.
The accessibility of federal VA and other services, whether they are on-site or in close proximity to the project, including the hours they are available, and the frequency, travel time and cost of transportation required to access them, including both public transportation and private transportation services (e.g. van owned by the provider).
Adherence to Housing First principles in provision of services, including provision of flexible services that facilitate permanent housing access and housing stability.
The degree to which the physical building space supports social interaction and supports the provision of services.
The levels of linkages with local systems for ending homelessness and serving veterans, including:
Participation, verified by the local Continuum of Care, in a local coordinated access system that is fully established.
The degree of coordination with VA Medical Centers, VA Homeless Program Coordinators, SSVF, Homeless Veterans’ Reintegration Program and other VA programs.
The degree of coordination on benefit education and advocacy, discharge upgrade advocacy and other advocacy efforts on behalf of veteran tenants with County Veteran Services Offices (CVSOs), legal services and others, and participation in local Continuum of Care, Veterans Stand Down, and other community ending homelessness efforts.
COMMENT
Committee Staff Comments:
The key to success for the VHHP program is the synergy between the housing and supportive services elements. Proposition 41 funds the housing, but cannot fund the supportive services. The vast majority of VHHP residents will be eligible for federal USDVA mental health and drug treatment services, but not all housing will be within commuting distance of a USDVA facility. Residents of VHHP housing who cannot access USDVA treatment must receive it from other providers at cost to the State and/or local governments. This bill, at a minimum, addresses that reality.
If this measure were enacted, HCD should be able to quickly design an effective grant program for Prop 41-related supportive services. The department already administers more than 20 programs that award loans and grants for the construction, acquisition, rehabilitation and preservation of affordable rental and ownership housing, homeless shelters and transitional housing, public facilities and infrastructure, and development of jobs for lower income workers. With rare exceptions, these loans and grants are not made to individuals, but to local public agencies, nonprofit and for-profit housing developers, and service providers. In many cases these agencies then provide funds to individual end users.
Related Legislation
SB 384 (Leyva, pending Senate Transportation and Housing, 2015): To help meet the specific housing needs of underserved veterans, this bill sets aside a percentage of any state funds being used to acquire, construct, rehabilitate or preserve multifamily housing units for veterans, in general.
SB 689 (Huff, pending Senate Transportation and Housing, 2015): Regarding the Veterans Housing and Homelessness Prevention Act, this bill requires prioritization given to applications for proposed housing projects that would maintain a qualified mental health professional, as defined, on staff or on contract for services.
AB 639 (J. Pérez, Chapter 727, Statutes of 2013): The VHHP Act of 2014 authorizes issuance of $600 million in general obligation (GO) bonds to fund the acquisition, construction, rehabilitation, and preservation of multifamily supportive housing, affordable transitional housing, affordable rental housing, and related facilities for veterans and their families, if approved by the voters at the June, 2014, statewide election. (As Proposition 41, the measure was approved by the voters 65.4% to 34.6%.)
POSITIONS
Sponsor: Author.
Support: None on file.
Oppose: None on file.
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Bill Author
Bill Co-Author(s):