25 U.S.C. § 1665j — Behavioral health program

Page 329 TITLE 25—INDIANS § 1665j 1 So in original. Probably should be ‘‘section,’’. California shall be considered to be 2 area of- fices, 1 office whose location shall be considered to encompass the northern area of the State of California and 1 office whose jurisdiction shall be considered to encompass the remainder of the State of California. The Secretary shall consider the possible conversion of existing, underused Service hospital beds into psychiatric units to meet such need. (Pub. L. 94–437, title VII, § 709, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 709 of Pub. L. 94–437 is based on section 181 of title I of S. 1790, One Hundred Eleventh Congress, as re- ported by the Committee on Indian Affairs of the Sen- ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. PRIOR PROVISIONS A prior section 1665h, Pub. L. 94–437, title VII, § 709, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4579, related to the Pueblo substance abuse treat- ment project for San Juan Pueblo, New Mexico, prior to the general amendment of this subchapter by Pub. L. 111–148. § 1665i. Training and community education (a) Program The Secretary, in cooperation with the Sec- retary of the Interior, shall develop and imple- ment or assist Indian tribes and tribal organiza- tions to develop and implement, within each Service unit or tribal program, a program of community education and involvement which shall be designed to provide concise and timely information to the community leadership of each tribal community. Such program shall in- clude education about behavioral health issues to political leaders, tribal judges, law enforce- ment personnel, members of tribal health and education boards, health care providers includ- ing traditional practitioners, and other critical members of each tribal community. Such pro- gram may also include community-based train- ing to develop local capacity and tribal commu- nity provider training for prevention, interven- tion, treatment, and aftercare. (b) Instruction The Secretary, acting through the Service, shall provide instruction in the area of behav- ioral health issues, including instruction in cri- sis intervention and family relations in the con- text of alcohol and substance abuse, child sexual abuse, youth alcohol and substance abuse, and the causes and effects of fetal alcohol spectrum disorders to appropriate employees of the Bu- reau of Indian Affairs and the Service, and to personnel in schools or programs operated under any contract with the Bureau of Indian Affairs or the Service, including supervisors of emer- gency shelters and halfway houses described in section 2433 of this title. (c) Training models In carrying out the education and training programs required by this section, the Sec- retary, in consultation with Indian tribes, tribal organizations, Indian behavioral health experts, and Indian alcohol and substance abuse preven- tion experts, shall develop and provide commu- nity-based training models. Such models shall address— (1) the elevated risk of alcohol abuse and other behavioral health problems faced by children of alcoholics; (2) the cultural, spiritual, and multigenerational aspects of behavioral health problem prevention and recovery; and (3) community-based and multidisciplinary strategies for preventing and treating behav- ioral health problems. (Pub. L. 94–437, title VII, § 710, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 710 of Pub. L. 94–437 is based on section 181 of title I of S. 1790, One Hundred Eleventh Congress, as re- ported by the Committee on Indian Affairs of the Sen- ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. PRIOR PROVISIONS A prior section 1665i, Pub. L. 94–437, title VII, § 710, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4580, provided for the completion of construction of the Thunder Child Treatment Center, prior to the general amendment of this subchapter by Pub. L. 111–148. § 1665j. Behavioral health program (a) Innovative programs The Secretary, acting through the Service, consistent with section 1665a of this title, may plan, develop, implement, and carry out pro- grams to deliver innovative community-based behavioral health services to Indians. (b) Awards; criteria The Secretary may award a grant for a project under subsection (a) to an Indian tribe or tribal organization and may consider the following cri- teria: (1) The project will address significant unmet behavioral health needs among Indians. (2) The project will serve a significant num- ber of Indians. (3) The project has the potential to deliver services in an efficient and effective manner. (4) The Indian tribe or tribal organization has the administrative and financial capa- bility to administer the project. (5) The project may deliver services in a manner consistent with traditional health care practices. (6) The project is coordinated with, and avoids duplication of, existing services. (c) Equitable treatment For purposes of this subsection,1 the Secretary shall, in evaluating project applications or pro- posals, use the same criteria that the Secretary uses in evaluating any other application or pro- posal for such funding. (Pub. L. 94–437, title VII, § 711, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Page 330 TITLE 25—INDIANS § 1665k Editorial Notes CODIFICATION Section 711 of Pub. L. 94–437 is based on section 181 of title I of S. 1790, One Hundred Eleventh Congress, as re- ported by the Committee on Indian Affairs of the Sen- ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. PRIOR PROVISIONS A prior section 1665j, Pub. L. 94–437, title VII, § 711, as added Pub. L. 102–573, title VII, § 702(a), Oct. 29, 1992, 106 Stat. 4580; amended Pub. L. 104–313, § 2(f), Oct. 19, 1996, 110 Stat. 3822; Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 105–256, § 13(a), Oct. 14, 1998, 112 Stat. 1900; Pub. L. 110–315, title IX, § 941(k)(2)(I)(iii), Aug. 14, 2008, 122 Stat. 3467, authorized substance abuse counselor education demonstration projects, prior to the general amendment of this subchapter by Pub. L. 111–148. § 1665k. Fetal alcohol spectrum disorders pro- grams (a) Programs (1) Establishment The Secretary, consistent with section 1665a of this title, acting through the Service, In- dian Tribes, and Tribal Organizations, is au- thorized to establish and operate fetal alcohol spectrum disorders programs as provided in this section for the purposes of meeting the health status objectives specified in section 1602 of this title. (2) Use of funds (A) In general Funding provided pursuant to this section shall be used for the following: (i) To develop and provide for Indians community and in-school training, edu- cation, and prevention programs relating to fetal alcohol spectrum disorders. (ii) To identify and provide behavioral health treatment to high-risk Indian women and high-risk women pregnant with an Indian’s child. (iii) To identify and provide appropriate psychological services, educational and vo- cational support, counseling, advocacy, and information to fetal alcohol spectrum disorders-affected Indians and their fami- lies or caretakers. (iv) To develop and implement coun- seling and support programs in schools for fetal alcohol spectrum disorders-affected Indian children. (v) To develop prevention and interven- tion models which incorporate practi- tioners of traditional health care prac- tices, cultural values, and community in- volvement. (vi) To develop, print, and disseminate education and prevention materials on fetal alcohol spectrum disorders. (vii) To develop and implement, in con- sultation with Indian Tribes and Tribal Or- ganizations, and in conference with urban Indian Organizations, culturally sensitive assessment and diagnostic tools including dysmorphology clinics and multidisci- plinary fetal alcohol spectrum disorders clinics for use in Indian communities and urban Centers. (viii) To develop and provide training on fetal alcohol spectrum disorders to profes- sionals providing services to Indians, in- cluding medical and allied health practi- tioners, social service providers, edu- cators, and law enforcement, court offi- cials and corrections personnel in the juve- nile and criminal justice systems. (B) Additional uses In addition to any purpose under subpara- graph (A), funding provided pursuant to this section may be used for 1 or more of the fol- lowing: (i) Early childhood intervention projects from birth on to mitigate the effects of fetal alcohol spectrum disorders among In- dians. (ii) Community-based support services for Indians and women pregnant with In- dian children. (iii) Community-based housing for adult Indians with fetal alcohol spectrum dis- orders. (3) Criteria for applications The Secretary shall establish criteria for the review and approval of applications for fund- ing under this section. (b) Services The Secretary, acting through the Service, In- dian Tribes, and Tribal Organizations, shall— (1) develop and provide services for the pre- vention, intervention, treatment, and aftercare for those affected by fetal alcohol spectrum disorders in Indian communities; and (2) provide supportive services, including services to meet the special educational, voca- tional, school-to-work transition, and inde- pendent living needs of adolescent and adult Indians with fetal alcohol spectrum disorders. (c) Applied research projects The Secretary, acting through the Substance Abuse and Mental Health Services Administra- tion, shall make grants to Indian Tribes, Tribal Organizations, and urban Indian Organizations for applied research projects which propose to elevate the understanding of methods to pre- vent, intervene, treat, or provide rehabilitation and behavioral health aftercare for Indians and urban Indians affected by fetal alcohol spectrum disorders. (d) Funding for urban Indian organizations Ten percent of the funds appropriated pursu- ant to this section shall be used to make grants to urban Indian Organizations funded under sub- chapter IV. (Pub. L. 94–437, title VII, § 712, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 712 of Pub. L. 94–437 is based on section 181 of title I of S. 1790, One Hundred Eleventh Congress, as re- ported by the Committee on Indian Affairs of the Sen- ate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.