SECTIONS 4343-4352.5 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 4343-4352.5

4343. The Legislature recognizes that prevention and early
intervention services have long been slighted in the community mental
health programs and has identified, as a goal of the
Bronzan-McCorquodale program, the prevention of serious mental
disorders and psychological problems. It is the intent of the
Legislature to establish throughout the state a school-based primary
intervention program designed for the early detection and prevention
of emotional, behavioral, and learning problems in primary grade
children with services provided by child aides or unpaid volunteers
under the supervision of mental health professionals. The Legislature
recognizes the documented significant improvement of children who
have participated in the program over time. The goal of the primary
intervention program is to help young children derive maximum profit
from the school experience and, in so doing, prevent later-life
problems of school failure, unemployment, delinquency, criminal
behavior, and substance abuse.

4344. Primary intervention programs shall be developed in
accordance with the guidelines and principles set forth in this
chapter. To this end, school districts, publicly funded preschool
programs, and local mental health programs may implement primary
intervention programs with available funds, or may jointly apply to
the State Department of Mental Health to be considered for grant
programs outlined in this chapter.

4345. The Director of Mental Health shall develop guidelines for
primary intervention programs in accordance with the following:
(a) School-based programs shall serve children in grades
kindergarten through three.
(b) The programs may serve children beyond grade three who could
benefit from the program but the number of children accepted into the
program from grades four and above shall not represent more than 15
percent of the total number of children served.
(c) The programs may serve children enrolled in a publicly funded
preschool program.
(d) The programs shall serve children referred by either a
screening process, a teacher, school-based mental health
professionals, other school personnel who have had opportunities to
observe children in interpersonal contacts, or parents. If a
screening process is utilized, behavior rating scales shall
constitute the primary instrument from which referrals to primary
intervention programs are made. To a more limited extent,
observations of children working on structured tasks and standardized
projective tests may also be used.
(e) The programs may include a parent involvement component.
(f) Before acceptance of a child into a primary intervention
program, parental consent is required.

4346. (a) Each primary intervention program shall have a core team
consisting of school-based mental health professionals, including
credentialed school psychologists, school counselors, school social
workers, or local mental health program professionals, or a
combination thereof, and child aides.
(b) The school-based mental health professionals shall be
responsible for accepting referred children into the program,
supervision of the child aides, assignment of a child to an aide,
evaluation of progress, and determination of termination from the
program. The mental health professionals shall supervise the scoring
and interpretation of screening and assessment test data, conduct
conferences with parents, and evaluate the effectiveness of
individual aides.
(c) Child aides, under supervision of the school-based mental
health professional, shall conduct weekly play sessions with children
served in the primary intervention programs. Child aides may be
salaried school aides, unpaid volunteers or other persons with time
and interest in working with young children, and who may be provided
stipends to meet expenses.
(d) All aides shall undergo a time-limited period of training that
is focused on the main intervention strategies of the particular
program and is provided prior to direct contacts with the children
served in the primary intervention programs. Training shall, at a
minimum, include basic child development, crisis intervention,
techniques of nondirective play, other intervention skills
appropriate to identified problem areas, and instruction in utilizing
supervision and consultation.

4347. School districts or publicly funded preschools receiving
funds under this chapter shall demonstrate a capability for referral
to appropriate public and private community services. The referrals
shall be made through contacts with families in response to
information regarding the need for referral arising from the child
aide sessions.

4348. (a) (1) Subject to the availability of funding each year, the
State Department of Mental Health shall award primary intervention
program grants pursuant to a request for proposal consistent with the
provisions of this chapter.
(2) In counties over 100,000 in population, each application shall
be the product of a proposal developed jointly between the local
mental health program and a school district or publicly funded
preschool. The grant award shall be administered by the local mental
health program.
(3) In counties 100,000 in population and under, an application
may be submitted pursuant to paragraph (2) or by the county
superintendent of schools on behalf of one or more school districts,
or by a school district. If an application is submitted by the county
superintendent of schools or by a school district, the county office
of education or the school district shall administer the grant and
the application shall include evidence satisfactory to the department
that adequate mental health training and consultation will be
provided at each program site.
(b) Prior to dissemination of a request for proposal, the
department shall establish a maximum figure for the amount of program
funds available per project site and for the number of sites that
may be funded per school district or regional area. The department
shall be guided in its decisions by the availability of uncommitted
funds designated for the primary intervention program.
(c) Primary intervention program grants shall be funded from funds
appropriated for programs pursuant to Part 4 (commencing with
Section 4370) and shall receive first priority for these funds.
(d) Upon approving a primary intervention grant, the State
Department of Mental Health shall contract with the grant recipient
to provide a primary intervention program for a period of up to three
years.
(e) Costs of a primary intervention program shall be financed on a
basis of:
(1) A maximum of 50 percent from primary intervention program
grant funds or a maximum established by the department, whichever is
less.
(2) At least 50 percent from a combination of school district or
preschool and local mental health program funds.
(f) The school district or preschool share may be in-kind
contributions, including staff, space, equipment, materials, and
reasonable administrative services.
(1) Contributed space to be used for child aide sessions must be
comfortable, attractive, and engaging to young children. Small
individual rooms are preferable.
(2) Space to be used for group meetings and consultation sessions
may also be contributed.
(3) Equipment and materials may be contributed if they include
items that encourage child participation in nondirective play.
(g) The local mental health program share may include either the
cost of the mental health professionals as described in subdivision
(b) of Section 4346 or the contribution of professional staff to
provide case consultation to the child aides and assistance in child
aide training.

4349. The State Department of Mental Health shall, on the basis of
applications submitted pursuant to a request for proposal, select
recipients of primary intervention program grants based on the
following criteria:
(a) Availability of professional and other program staff with
related experience and interest in early intervention.
(b) Reasonable evidence of future stability of the program and its
personnel.
(c) Representation of a wide range of economic, ethnic, and
cultural populations.
(d) Demonstration of strong support by the teaching, pupil
services, and administrative personnel at the school or preschool and
by the local mental health program.
(e) Assurance that grants would supplement existing local
resources.

4349.5. Grants that have been awarded prior to the effective date
of this section shall continue to be subject to the provisions of
this chapter, including the grant recipient, matching, and
eligibility requirements.

4349.7. Proposals submitted to the department between April 1,
1992, and May 1, 1992, pursuant to Sections 4343 to 4350, inclusive,
that received a passing score shall be funded pursuant to Part 4
(commencing with Section 4370). Those grants shall continue to be
subject to this chapter, including the matching and eligibility
requirements.

4350. (a) The role of the school district or preschool in each
approved primary intervention program shall be to do all of the
following:
(1) Arrange for mental health professionals based at the program
site to supervise program staff and procedures. These persons may be
either pupil personnel staff or local mental health program staff.
(2) Recruit and train child aides.
(3) Screen and assess children in accordance with guidelines
established by the department.
(4) Provide individual and group play sessions to selected
children in accordance with guidelines established by the department.
(5) Provide space and equipment for child aide sessions with
children and for staff meetings.
(6) Establish and maintain program records.
(7) Prepare program reports in accordance with guidelines
established by the department.
(8) Submit periodic statements of program grant fund expenditures
to the local mental health program for reimbursement in accordance
with the approved program budget.
(b) The role of the local mental health program in each approved
jointly proposed primary intervention program shall be to:
(1) Administer state program grant funds awarded by the department
by contracting with the school district or preschool to provide a
primary intervention program in accordance with this chapter and the
joint proposal of the local mental health program and the school
district or preschool as approved by the department.
(2) Contribute professional staff to the program to do both of the
following:
(A) Assist the school district or preschool in the recruiting and
initial training of child aides.
(B) Provide ongoing case consultation and training to the child
aides at regular intervals at the program site.
(3) Ensure access to appropriate mental health treatment services
available within the county's program for those children in the
program and their families who require services that are beyond the
scope and purposes of the primary intervention program.
(c) The role of the State Department of Mental Health in each
approved primary intervention program shall be to:
(1) (A) Develop a contract with the local mental health program
for provision of a primary intervention program in accordance with
this chapter and the joint proposal of the local mental health
program and school district or preschool as approved by the
department.
(B) Develop contracts with the county superintendent of schools or
a school district for provision of a primary intervention program in
accordance with this chapter and the proposal submitted by the
county superintendent of schools or a school district pursuant to
paragraph (3) of subdivision (a) of Section 4348.
(2) Develop contracts with school districts or local mental health
programs to permit the establishment of technical assistance centers
to support in the timely and effective implementation of the primary
intervention programs. Technical assistance centers shall be in
districts which have successfully implemented programs over a period
of time.
(3) Disburse program grant funds to the local mental health
program or county superintendent of schools or school district in
accordance with terms of the contract.
(4) Conduct visits to each program site at least once during the
first year of funding, and thereafter as necessary, in order to
determine compliance with this chapter and the contract and to
determine training needs of program staff.
(5) Provide for periodic training workshops for program staff.
(6) Establish guidelines for program procedures, screening and
assessment of children, records, and reports.

4350.5. (a) School districts or county superintendents of schools
proposing to serve as grant recipients pursuant to paragraph (3) of
subdivision (a) of Section 4348 shall perform the functions described
in subdivision (a) of Section 4350.
(b) The county office of education or school district subject to
subdivision (a) shall ensure the provision of adequate initial and
ongoing case consultation and training for child aides at regular
intervals at each program site from qualified mental health
professionals.

4351. The department shall provide for training of program
personnel. Funds for this purpose may be appropriated under Section
11489 of the Health and Safety Code, through other special funds, or
through the state budget. Training of program personnel may be
contracted out to programs designated by the State Department of
Mental Health appropriate to provide these services.

4352. (a) The State Department of Mental Health shall conduct a
review of each primary intervention program at least once during the
first year of funding, and thereafter as necessary.
(b) The purposes of the reviews are program improvement and
compliance with the guidelines set forth in this chapter. The review
procedure shall be adequately flexible for application to primary
intervention programs of varying sizes and models.
(c) The State Department of Mental Health may contract for the
conducting of reviews with programs appropriate for providing these
services. Funds may be appropriated for this purpose pursuant to
Section 11489 of the Health and Safety Code, from other special
funds, or through the annual Budget Act.

4352.5. Up to 10 percent of the total state funds available
annually for the primary intervention program from all sources may be
utilized by the department for administration, training,
consultation, and evaluation.