Iowa Senate Bill SSB1166

Iowa 2023-2024 Regular Session

• Introduced: 2/20/23
• Refer: 2/20/23

Caption

A bill for an act relating to mental health and disability services provided by the state and judicial procedures relating to child in need of assistance proceedings, adoptions, and the confinement of persons found incompetent to stand trial.(See SF 471.)

Impact

The bill significantly impacts state law by redefining the eligibility criteria for treatment provided at state mental health institutes, specifically removing those with solely substance abuse problems from eligibility. Furthermore, it mandates that the mental health and disability services (MHDS) regions manage their cash reserves in a manner that aligns future funding and financial accountability with service delivery changes. This includes increasing the cash flow limit from 5% to 10% of actual expenditures from the previous fiscal year, facilitating better financial health within these regions.

Summary

Senate Study Bill 1166 aims to reform mental health and disability services in Iowa, focusing on refining judicial procedures related to child welfare and competency restoration for individuals found incompetent to stand trial. The bill is organized into several divisions that address specific areas of service and legal processes. Notably, it emphasizes specialized treatment for behaviorally complex youth and adults facing mental health challenges linked to criminal proceedings. It also addresses the court's role in child welfare cases, particularly concerning the temporary removal of children and the establishment of safety plans between guardians and the state.

Contention

Debates surrounding SSB1166 have raised concerns about the implications of altering the eligibility for state mental health facilities and the introduction of mandatory safety plans into child welfare proceedings. Critics argue that the removal of individuals with substance abuse issues from receiving support could leave vulnerable populations without necessary care. Additionally, the revisions to judicial processes regarding child custody and adoption hearings may complicate existing frameworks and raise further legal and ethical considerations regarding family separations and custody arrangements.