Youth Drug and Mental Health Services Act

Youth Drug and Mental Health Services Act - Title I: Substance Abuse Prevention - Amends the Public Health Service Act to replace provisions relating to substance abuse treatment programs for pregnant and postpartum women with provisions authorizing grants, cooperative agreements, or contracts for priority substance abuse prevention needs of regional and national significance.

(Sec. 102) Replaces provisions relating to drug and alcohol abuse prevention, treatment, and rehabilitation for high risk youth and to employee assistance programs with provisions mandating grants, cooperative agreements, or contracts for: (1) the replication and implementation of best practices in providing comprehensive substance abuse prevention services to children and youth; and (2) strengthening families.

(Sec. 104) Shifts responsibility for an existing program of grants for services for children of substance abusers from the Health Resources and Services Administration to the Substance Abuse and Mental Health Services Administration and modifies various requirements of the program. Authorizes the Secretary of Health and Human Services to make grants for the training of professionals to recognize drug and alcohol problems, understand the nature of substance abuse, and obtain early intervention, prevention, and treatment resources.

(Sec. 105) Directs the Secretary to make grants, cooperative agreements, or contracts for the planning and execution of school-based (including higher education institutions) and community-based programs to prevent underage drinking.

(Sec. 106) Authorizes the Secretary to make grants, cooperative agreements, or contracts for programs relating to the prevention and detection of methamphetamine or inhalant abuse and addiction.

Title II: Substance Abuse Treatment - Replaces provisions relating to outpatient treatment programs for pregnant and postpartum women with provisions directing the Secretary, directly or through grants, cooperative agreements, or contracts, to address priority substance abuse treatment needs of regional and national significance.

(Sec. 202) Authorizes appropriations to carry out provisions relating to residential treatment programs for pregnant and postpartum women.

(Sec. 203) Replaces provisions relating to demonstration projects of national significance and to grants for substance abuse treatment in State and local criminal justice systems with provisions directing the Secretary to make grants, cooperative agreements, and contracts to provide, to people under the age of 22, substance abuse treatment and early intervention substance abuse services.

(Sec. 205) Replaces provisions relating to training in the provision of treatment services with provisions directing the Secretary to make grants to provide treatment services to members of Indian tribes and tribal organizations.

(Sec. 206) Directs the Secretary to make grants, cooperative agreements, or contracts relating to fetal alcohol syndrome or alcohol-related birth defects to: (1) provide services to people diagnosed with those conditions; and (2) establish up to four centers of excellence to study prevention, adaptations of innovative clinical interventions, and service delivery improvements.

(Sec. 207) Removes provisions requiring that at least 35 percent of current formula grants for preventing and treating substance abuse be used for activities relating to alcohol and at least 35 percent for activities relating to other drugs. Authorizes a State to establish a revolving fund to support group homes for recovering substance abusers. (Current law allows the Secretary to make formula grants under existing provisions only if a State establishes such a fund.) Requires a State, in order to receive a formula grant, to establish and maintain a State substance abuse prevention and treatment planning council. Modifies, for territories, requirements regarding and authorizes, for States, waiver of related requirements. Modifies minimum allotment formula provisions.

(Sec. 208) Establishes the Commission on Indian and Native Alaskan Health Care.

Title III: Mental Health Services - Revises requirements regarding a plan a State must submit in order to receive a grant allotment for providing comprehensive community mental health services to adults with a serious mental illness and to children with a serious emotional disturbance. Modifies requirements regarding waivers for territories and minimum allotments for States.

(Sec. 302) Replaces provisions relating to grants for certain mental health demonstration projects with provisions directing the Secretary to make grants, cooperative agreements, or contracts to address priority substance abuse mental health needs of regional and national significance. Repeals provisions authorizing grants for mental health research and clinical training in exchange for a period of obligatory service.

(Sec. 303) Replaces provisions authorizing grants for counseling and mental health treatment after a positive test result for the etiologic agent for acquired immune deficiency syndrome (AIDS) with provisions mandating grants, cooperative agreements, or contracts to assist local communities in developing ways to help children deal with violence.

(Sec. 304) Directs the Secretary to make grants, cooperative agreements, or contracts to: (1) establish up to four centers for excellence to study adaptations of innovative clinical intervention and service delivery improvement strategies to provide comprehensive mental health services to children; (2) establish national and regional centers of excellence on psychological trauma response; and (3) develop knowledge regarding evidence-based practices for treating psychiatric disorders resulting from witnessing or experiencing such stress.

(Sec. 306) Allows the Secretary to waive, for Indian tribes or tribal organizations, American Samoa, Guam, the Marshall Islands, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, and the United States Virgin Islands, to waive requirements relating to grants for comprehensive community mental health services to children with a serious emotional disturbance. Makes active grantees eligible to receive a sixth year of funding without peer and Advisory Council review.

(Sec. 307) Allows the Secretary to waive, for the United States Virgin Islands, Guam, Palau, American Samoa, the Marshall Islands, and the Commonwealth of the Northern Mariana Islands, certain requirements of provisions relating to formula grants to States for services to individuals who have a serious mental illness (with or without substance abuse) and who are, or are at imminent risk of becoming, homeless.

Directs the Secretary to make grants, cooperative agreements, or contracts for mental health and substance abuse services for homeless individuals.

(Sec. 308) Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to rename it as the Protection and Advocacy for Individuals with Mental Illness Act. Adds to the definition of "individual with mental illness" individuals with significant mental illnesses or emotional impairments who live in a community setting, including their own homes.

Limits the circumstances in which allotments for systems to protect and advocate the rights of individuals with mental illness and investigate incidents of abuse and neglect of such individuals may be used to provide representation to certain individuals. Authorizes those systems to investigate the death or serious injury of an individual with a mental illness if it occurred at a facility to which the Act applies. Modifies the allotment formula.

(Sec. 309) Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to enable State or local juvenile justice agencies to provide aftercare services for youth offenders who have been discharged from facilities in the juvenile or criminal justice system and have serious emotional disturbances or are at risk of developing such disturbances.

Directs the Secretary to make grants and contracts to establish up to four research, training, and technical assistance centers regarding youth.

Title IV: Performance Partnerships - Directs the Secretary to submit to specified congressional committees a plan, under provisions relating to block grants for the prevention and treatment of substance abuse, for creating more flexibility for States and accountability based on outcome and other performance measures.

(Sec. 402) Replaces provisions authorizing grants to States to increase the availability of substance abuse treatment with provisions authorizing the Secretary to make grants, cooperative agreements, or contracts to develop and operate substance abuse data collection, analysis, and reporting systems regarding performance measures, process, and outcomes measures.

Allows formula grants under existing provisions for comprehensive community mental health services to adults with a serious mental illness and to children with a serious emotional disturbance to be used for data infrastructure development regarding performance data. Allows formula grants under existing provisions for substance abuse prevention and treatment to be used for data infrastructure development regarding performance data.

Title V: Cross-Cutting Issues Regarding Mental Health and Substance Abuse - Subtitle A: Co-Occurring Substance Abuse and Mental Health Disorders - Replaces provisions authorizing grants, contracts and cooperative agreements for mental health and substance abuse treatment services for homeless individuals with provisions directing the Secretary to make grants, cooperative agreements, or contracts for comprehensive prevention and treatment services to individuals with, or at risk for, co-occurring substance abuse and mental disorders.

(Sec. 502) Allows States to use treatment funds (under provisions relating to formula grants for services to adults with a serious mental illness and to children with a serious emotional disturbance and for substance abuse prevention and treatment) to treat persons with co-occurring substance abuse and mental disorders.

Subtitle B: Prevention of Sexual Abuse - Directs the Secretary to make grants, cooperative agreements, or contracts to provide services to runaway and homeless and street youth who have been, or are at risk of being, subjected to sexual abuse, prostitution, or sexual exploitation.

Title VI: General Provisions - Limits the disclosure of individually identifiable information collected under provisions relating to mental illness and substance abuse.

Authorizes the Secretary to use up to three percent of certain funds appropriated under provisions relating to the Substance Abuse and Mental Health Services Administration for noncompetitive grants, contracts, or cooperative agreements to address emergency substance abuse or mental health needs (or both) in local communities.

(Sec. 602) Modifies grant, cooperative agreement, and contract peer review requirements.

(Sec. 603) Makes amounts paid to a State (under provisions relating to formula grants for services to adults with a serious mental illness and to children with a serious emotional disturbance and for substance abuse prevention and treatment) available until the end of the fiscal year following the fiscal year (currently, until the end of the fiscal year) for which the amounts were paid. (Current law makes an availability exception regarding subgrantee noncompliance.)

(Sec. 604) Repeals provisions relating to narcotic addicts and other drug abusers.

(Sec. 605) Requires a health care facility that receives support in any form from any program supported with Federal funds to protect and promote the rights of the facility's residents, including the rights to be free from physical or mental abuse, corporal punishment, and any restraints or involuntary seclusions imposed as a means of coercion, discipline, convenience, or retaliation. Requires reporting of patient deaths and injuries.

(Sec. 607) Authorizes (currently, requires) the existence, in the Substance Abuse and Mental Health Services Administration, of an Associate Administrator for Alcohol Prevention and Treatment Policy and allows (currently, requires) the Administrator to delegate certain functions to that Associate Administrator.

(Sec. 608) Adds to the duties of the Directors of the Center for Substance Abuse Treatment, the Office for Substance Abuse Prevention, and the Center for Mental Health Services certain duties relating to children, adolescents, and youth. Removes requirements that the: (1) Treatment Center Director monitor the use of revolving loan funds under, and evaluate the effect of, provisions relating to the establishment of group homes for individuals recovering from alcohol or drug abuse; and (2) Mental Health Center Director carry out programs under provisions relating to Public Health Service Act section 520A (amended by section 302 of this Act).