WIC for BH Director and Staff
Below are the Welfare & Institutions Codes (WICs) for the behavioral health director and agency requirements related to the local behavioral health boards/commissions. (We also included the Behavioral Health Board Duties as item "VI" since the duties rely on staff cooperation.)
I) Consultation with the Advisory Board - [The Behavioral Health Director shall] recommend to the governing body, after consultation with the advisory board, the provision of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable in accomplishing the purposes of this division (WIC 5608(c).
II) Performance Data: Counties shall annually report data on performance measures established pursuant to Section 5612 to the local behavioral health board and to the Department of Health Care Services. WIC 5613(a)
III) Consultation with Chair - [Bylaws shall] Establish that the chairperson of the behavioral health board be in consultation with the local behavioral health director. 5604.3 (d)
IV) Integrated Plan Duties (WIC 5963.03)
(b) (1) The behavioral health board established pursuant to Section 5604 shall conduct a public hearing on the draft integrated plan and annual updates at the close of the 30-day comment period required by subdivision (a).*
(2) Each plan and update shall include any substantive written recommendations for revisions.
(3) The adopted integrated plan or update shall summarize and analyze the recommended revisions.
(4) The behavioral health board shall review the adopted integrated plan or update and make recommendations to the local mental health agency, local substance use disorder agency, or local behavioral health agency, as applicable, for revisions.
(5) The local mental health agency, local substance use disorder agency, or local behavioral health agency, as applicable, shall provide an annual report of written explanations to the local governing body and the State Department of Health Care Services for any substantive [see (d) below] recommendations made by the local behavioral health board that are not included in the final integrated plan or update.
*(c)(2) In preparing annual and intermittent updates: (A) A county [Behavioral Health Agency] is not required to comply with the stakeholder process described in subdivisions (a) and (b). (B) A county shall post on its internet website all updates to its integrated plan and a summary and justification of the changes made by the updates for a 30-day comment period prior to the effective date of the updates. [*(Section (c)(2) is not a duty of the BHB.]
(d) For purposes of this section “Substantive recommendations made by the local behavioral health board” means any recommendation that is brought before the board and approved by a majority vote of the membership present at a public hearing of the local behavioral health board that has established its quorum.
V) Expenses (WIC 5604.3) Expenses, WIC 5604.3
(a) (1) The board of supervisors may pay from available funds the actual and necessary expenses of the members of the behavioral health board of a community mental health service incurred incident to the performance of their official duties and functions.
(2) The expenses may include travel, lodging, childcare, and meals for the members of the board while on official business as approved by the director of the local behavioral health program.
(b) Governing bodies are encouraged to provide a budget for the local behavioral health board using planning and administrative revenues identified in paragraph (1) of subdivision (e) of Section 5892 [*see below], that is sufficient to facilitate the purpose, duties, and responsibilities of the local behavioral health board.
*WIC 5892 (e)(1) (A) Notwithstanding subdivision (a) of Section 5891, the allocations pursuant to subdivision (a) shall include funding for annual planning costs pursuant to Sections 5963.02 and 5963.03.
(B) The total of these costs shall not exceed 5 percent of the total of annual revenues received for the Local Behavioral Health Services Fund.
(C) The planning costs shall include funds for county mental health and substance use disorder programs to pay for the costs of consumers, family members, and other stakeholders to participate in the planning process.
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VI. Duties of Behavioral Health Board (5604.2)
1. Review and evaluate the community’s public behavioral health needs, services, facilities, and special problems in any facility within the county or jurisdiction where mental health or substance use disorder evaluations or services are being provided, including, but not limited to, schools, emergency departments, and psychiatric facilities.
2. (A) Review any county agreements entered into pursuant to Section 5650. (B) The local behavioral health board may make recommendations to the governing body regarding concerns identified within these agreements.
3. (A) Advise the governing body and the local behavioral health director as to any aspect of the local behavioral health program. (B) Local behavioral health boards may request assistance from the local patients’ rights advocates when reviewing and advising on mental health or substance use disorder evaluations or services provided in public facilities with limited access.
4. (A) Review and approve the procedures used to ensure citizen and professional involvement at all stages of the planning process. ((B) Involvement shall include individuals with lived experience of mental illness, substance use disorder, or both, and their families, community members, advocacy organizations, and behavioral health professionals. It shall also include other professionals who interact with individuals living with mental illnesses or substance use disorders on a daily basis, such as education, emergency services, employment, health care, housing, public safety, local business owners, social services, older adults, transportation, and veterans.
5. Submit an annual report to the governing body on the needs and performance of the county's behavioral health system.
6. (A) Review and make recommendations on applicants for the appointment of a local director of behavioral health services.
(B) The board shall be included in the selection process prior to the vote of the governing body.
7. Review and comment on the county's performance outcome data and communicate its findings to the California Behavioral Health Planning Council.
8. This part does not limit the ability of the governing body to transfer additional duties or authority to a behavioral health board.
(b) It is the intent of the Legislature that, as part of its duties pursuant to subdivision (a), the board shall assess the impact of the realignment of services from the state to the county, on services delivered to clients and on the local community.
I) Consultation with the Advisory Board - [The Behavioral Health Director shall] recommend to the governing body, after consultation with the advisory board, the provision of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable in accomplishing the purposes of this division (WIC 5608(c).
II) Performance Data: Counties shall annually report data on performance measures established pursuant to Section 5612 to the local behavioral health board and to the Department of Health Care Services. WIC 5613(a)
III) Consultation with Chair - [Bylaws shall] Establish that the chairperson of the behavioral health board be in consultation with the local behavioral health director. 5604.3 (d)
IV) Integrated Plan Duties (WIC 5963.03)
(b) (1) The behavioral health board established pursuant to Section 5604 shall conduct a public hearing on the draft integrated plan and annual updates at the close of the 30-day comment period required by subdivision (a).*
(2) Each plan and update shall include any substantive written recommendations for revisions.
(3) The adopted integrated plan or update shall summarize and analyze the recommended revisions.
(4) The behavioral health board shall review the adopted integrated plan or update and make recommendations to the local mental health agency, local substance use disorder agency, or local behavioral health agency, as applicable, for revisions.
(5) The local mental health agency, local substance use disorder agency, or local behavioral health agency, as applicable, shall provide an annual report of written explanations to the local governing body and the State Department of Health Care Services for any substantive [see (d) below] recommendations made by the local behavioral health board that are not included in the final integrated plan or update.
*(c)(2) In preparing annual and intermittent updates: (A) A county [Behavioral Health Agency] is not required to comply with the stakeholder process described in subdivisions (a) and (b). (B) A county shall post on its internet website all updates to its integrated plan and a summary and justification of the changes made by the updates for a 30-day comment period prior to the effective date of the updates. [*(Section (c)(2) is not a duty of the BHB.]
(d) For purposes of this section “Substantive recommendations made by the local behavioral health board” means any recommendation that is brought before the board and approved by a majority vote of the membership present at a public hearing of the local behavioral health board that has established its quorum.
V) Expenses (WIC 5604.3) Expenses, WIC 5604.3
(a) (1) The board of supervisors may pay from available funds the actual and necessary expenses of the members of the behavioral health board of a community mental health service incurred incident to the performance of their official duties and functions.
(2) The expenses may include travel, lodging, childcare, and meals for the members of the board while on official business as approved by the director of the local behavioral health program.
(b) Governing bodies are encouraged to provide a budget for the local behavioral health board using planning and administrative revenues identified in paragraph (1) of subdivision (e) of Section 5892 [*see below], that is sufficient to facilitate the purpose, duties, and responsibilities of the local behavioral health board.
*WIC 5892 (e)(1) (A) Notwithstanding subdivision (a) of Section 5891, the allocations pursuant to subdivision (a) shall include funding for annual planning costs pursuant to Sections 5963.02 and 5963.03.
(B) The total of these costs shall not exceed 5 percent of the total of annual revenues received for the Local Behavioral Health Services Fund.
(C) The planning costs shall include funds for county mental health and substance use disorder programs to pay for the costs of consumers, family members, and other stakeholders to participate in the planning process.
______________________________________________
VI. Duties of Behavioral Health Board (5604.2)
1. Review and evaluate the community’s public behavioral health needs, services, facilities, and special problems in any facility within the county or jurisdiction where mental health or substance use disorder evaluations or services are being provided, including, but not limited to, schools, emergency departments, and psychiatric facilities.
2. (A) Review any county agreements entered into pursuant to Section 5650. (B) The local behavioral health board may make recommendations to the governing body regarding concerns identified within these agreements.
3. (A) Advise the governing body and the local behavioral health director as to any aspect of the local behavioral health program. (B) Local behavioral health boards may request assistance from the local patients’ rights advocates when reviewing and advising on mental health or substance use disorder evaluations or services provided in public facilities with limited access.
4. (A) Review and approve the procedures used to ensure citizen and professional involvement at all stages of the planning process. ((B) Involvement shall include individuals with lived experience of mental illness, substance use disorder, or both, and their families, community members, advocacy organizations, and behavioral health professionals. It shall also include other professionals who interact with individuals living with mental illnesses or substance use disorders on a daily basis, such as education, emergency services, employment, health care, housing, public safety, local business owners, social services, older adults, transportation, and veterans.
5. Submit an annual report to the governing body on the needs and performance of the county's behavioral health system.
6. (A) Review and make recommendations on applicants for the appointment of a local director of behavioral health services.
(B) The board shall be included in the selection process prior to the vote of the governing body.
7. Review and comment on the county's performance outcome data and communicate its findings to the California Behavioral Health Planning Council.
8. This part does not limit the ability of the governing body to transfer additional duties or authority to a behavioral health board.
(b) It is the intent of the Legislature that, as part of its duties pursuant to subdivision (a), the board shall assess the impact of the realignment of services from the state to the county, on services delivered to clients and on the local community.
