HB 686

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1AN ACT relating to the Kentucky Positive Youth Development Commission.
2WHEREAS, suicide is the second leading cause of death for youth and young
3 adults in Kentucky; and
4WHEREAS, the 2023 Kentucky Youth Risk Behavior Survey reported that 18.6
5 percent of Kentucky high schoolers seriously considered attempting suicide, 8.6 percent
6 of Kentucky high schoolers attempted suicide, and 24.6 percent of Kentucky middle
7 schoolers purposely hurt themselves; and
8WHEREAS, around 16 percent of Kentucky children between the ages of 3 and 17
9 face anxiety or depression; and
10WHEREAS, in 2024, 48 percent of American teenagers reported that social media
11 sites have a mostly negative effect on people in their age group, up from 32 percent in
12 2022; and
13WHEREAS, experts say that suicide can be preventable when educators, students,
14 and communities learn the warning signs and how to take action when a young person
15 might be at risk of a suicidal crisis; and
16WHEREAS, Kentucky can address the more harmful effects of social media
17 through positive childhood experiences that are associated with reduced rates of
18 depression, substance use, delinquent behavior, risky sexual behavior, persistent
19 insomnia, and lower inflammatory markers; and
20WHEREAS, research demonstrates a dose-response relationship between childhood
21 exposure to adverse experiences and positive childhood experiences, with improvements
22 in mental and relational health in adulthood for those who have more positive childhood
23 experiences;
24NOW, THEREFORE,
25 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
26SECTION 1. A NEW SECTION OF KRS CHAPTER 210 IS CREATED TO
27 READ AS FOLLOWS:
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1 As used in Sections 1 to 3 of this Act, unless the context otherwise requires:
2 (1)     "Commission" means the Kentucky Positive Youth Development Commission
3established in Section 2 of this Act;
4 (2)     "Department" means the Department for Behavioral Health, Developmental and
5Intellectual Disabilities;
6 (3)     "Eligible organization" means an organization that provides positive youth
7development programming;
8 (4)    "Positive youth development programming":
9(a)     Means structured programs or activities that:
101.      Promote youth mental well-being;
112.      Aim to reduce risk factors for suicide, self-harm, and related adverse
12outcomes of mental health challenges;
133.      Engage youth through adult mentorship, enrichment, after school
14supports, and community connection;
154.      Utilize evidence-based or evidence-informed practices;
165.      Are prevention-focused;
176.      Are provided to youth outside of school hours; and
187.      Are provided to parents and adult caregivers for the purpose of family
19engagement; and
20(b)     Does not include education programming provided during school hours;
21and
22 (5)     "Youth" means school-age children and young adults up to age twenty-five (25).
23SECTION 2. A NEW SECTION OF KRS CHAPTER 210 IS CREATED TO
24 READ AS FOLLOWS:
25 (1)     The Positive Youth Development Commission is hereby established and shall be
26attached to the Department for Behavioral Health, Developmental and
27Intellectual Disabilities within the cabinet to promote youth well-being and
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1connection to prevent self-harm among children and youth through accessible,
2community-based programs. The cabinet shall provide staffing for the
3commission.
4 (2)    (a)      The commission shall consist of the following voting members:
51.      The commissioner of the Department for Behavioral Health,
6Developmental and Intellectual Disabilities or his or her designee,
7who shall act as chair;
82.      The State Treasurer or his or her designee;
93.      The secretary of the cabinet or his or her designee;
104.      The commissioner of the Department for Public Health or his or her
11designee;
125.      The commissioner of the Department of Education or his or her
13designee;
146.      The Attorney General or his or her designee;
157.      The chairperson of the State Interagency Council for Services and
16Supports to Children and Transition-Age Youth or his or her
17designee;
188.      One (1) member appointed by the chairperson of the State Interagency
19Council for Services and Supports to Children and Transition-Age
20Youth to represent the regional interagency councils;
219.      One (1) member appointed by the secretary representing the Suicide
22Prevention Program within the Department for Behavioral Health,
23Developmental and Intellectual Disabilities;
2410.     Two       (2)    members     appointed    by   the   secretary   representing
25grantmaking organizations that have funded grants to serve children
26and youth;
2711.     One (1) member appointed by the Attorney General representing law
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1enforcement;
212.     One (1) member appointed by the secretary who is a mental health
3provider specializing in the mental, social, and emotional development
4of children;
513.     One (1) member appointed by the secretary representing the Kentucky
6Chapter of the American Academy of Pediatrics;
714.     One (1) member appointed by the secretary who is a psychologist
8specializing in social media addiction; and
915.     One (1) member appointed by the Department of Kentucky State
10Police who is a Kentucky State Police school resource officer as
11defined in KRS 158.441.
12(b)     The commission shall consist of the following nonvoting members who
13shall serve at the pleasure of their appointing authorities:
141.      One (1) member appointed by the Speaker of the House of
15Representatives;
162.      One (1) member appointed by the President of the Senate;
173.      Two (2) members appointed by the secretary from statewide youth-
18serving organizations from geographically diverse areas; and
194.      One (1) member from the Kentucky Out-of-School Alliance.
20 (3)    (a)      Members of the commission appointed under subsection (2)(a)1. to 7. of this
21section shall serve terms concurrent with holding their respective offices or
22positions.
23(b)     The remaining members of the commission shall serve staggered two (2)
24year terms.
25(c)     Members of the commission shall not receive compensation for their
26services but may be reimbursed for necessary travel and lodging expenses
27incurred in the performance of their duties.
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1 (4)    (a)      Meetings of the commission shall be conducted according to KRS 61.805 to
261.850.
3(b)     The commission shall meet at least twice within each calendar year.
4(c)     Eight (8) voting members of the commission shall constitute a quorum for
5the transaction of business.
6(d)     Each voting member of the commission shall have one (1) vote, with all
7actions being taken by an affirmative vote of the majority of members
8present.
9 (5)     The commission may contract with any public or private agency or any individual
10for research, the gathering of information, the printing and publication of
11reports, consulting, or for any other purposes necessary to discharge the duties of
12the commission.
13 (6)     The department shall promulgate administrative regulations in accordance with
14KRS Chapter 13A to:
15(a)     Establish a grant application process for eligible organizations;
16(b)     Award moneys from the positive youth development fund established in
17Section 3 of this Act to eligible organizations to fund positive youth
18development programming impacting children and youth in Kentucky; and
19(c)     Identify and coordinate with a grantmaking entity to develop applications
20and reporting requirements, monitor utilization of granted funds,
21administer quality control, and evaluate services or grant funds to fulfill
22these duties.
23SECTION 3. A NEW SECTION OF KRS CHAPTER 210 IS CREATED TO
24 READ AS FOLLOWS:
25 (1)     There is hereby established in the State Treasury a trust and agency account to be
26known as the positive youth development fund. The fund shall consist of:
27(a)     Moneys received by the Commonwealth, counties, consolidated local
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1governments, urban-county governments, and cities of the Commonwealth
2in any settlement, judgement, or bankruptcy proceeding against any social
3media company or person related to harms against children and youth to
4the extent that it is not inconsistent with an order of a court of competent
5jurisdiction; and
6(b)     Any other moneys received from state appropriations, gifts, grants, federal
7funds, and any other source not prohibited by law.
8 (2)     The fund shall be administered by the cabinet.
9 (3)     Amounts deposited in the fund shall be used for the purposes described in
10Sections 1 to 3 of this Act and for no other purpose.
11 (4)     Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal
12year shall not lapse but shall be carried forward into the next fiscal year.
13 (5)     The commission shall reserve ten percent (10%) of the funds to administer the
14grant program and provide technical assistance to organizations applying for and
15administering grants under Sections 1 to 3 of this Act.
16 (6)     Moneys in the funds shall be distributed no less than annually.
17 (7)    (a)      The Office of the Attorney General may recover its reasonable costs of
18litigation in accordance with KRS 48.005 from moneys received from a
19legal settlement, judgement, or bankruptcy proceedings related to litigation
20against social media companies.
21(b)     The Office of the Attorney General may recover any direct costs, including
22employee time, used to perform or administer the duties required by
23Sections 1 to 3 of this Act. The Office of the Attorney General shall report
24all such recovered costs to the commission no less than annually.
25Section 4. KRS 200.503 is amended to read as follows:
26 As used in KRS 200.501 to 200.509, unless the context otherwise requires:
27 (1)     "Child with a behavioral health need" means a child or transition-age youth with, or
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1at risk of developing, an emotional disability, substance use disorder, or mental,
2emotional, or behavioral needs;
3 (2)     "Child with an emotional disability" means a child or transition-age youth with a
4clinically significant disorder of thought, mood, perception, orientation, memory, or
5behavior that is listed in the current edition of the American Psychiatric
6Association's Diagnostic and Statistical Manual of Mental Disorders and seriously
7limits a child's capacity to function in the home, school, or community;
8 (3)     "Child with a serious emotional disability" means a child or transition-age youth
9with a clinically significant disorder of thought, mood, perception, orientation,
10memory, or behavior that is listed in the current edition of the American Psychiatric
11Association's Diagnostic and Statistical Manual of Mental Disorders and that:
12(a)     Presents substantial limitations that have persisted for at least one (1) year or
13are judged by a mental health professional to be at high risk of continuing for
14one (1) year without professional intervention in at least two (2) of the
15following five (5) areas: "Self-care," defined as the ability to provide, sustain,
16and protect his or herself at a level appropriate to his or her age;
17"Interpersonal relationships," defined as the ability to build and maintain
18satisfactory relationships with peers and adults; "Family life," defined as the
19capacity to live in a family or family type environment; "Self-direction,"
20defined as the child's ability to control his or her behavior and to make
21decisions in a manner appropriate to his or her age; and "Education," defined
22as the ability to learn social and intellectual skills from teachers in available
23educational settings;
24(b)     Is a Kentucky resident and is receiving residential treatment for emotional
25disability through the interstate compact;
26(c)     The Department for Community Based Services has removed the child from
27the child's home and has been unable to maintain the child in a stable setting
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1due to behavioral health needs; or
2(d)     Is a person under twenty-one (21) years of age meeting the criteria of
3paragraph (a) of this subsection and who was receiving services prior to age
4eighteen (18) that must be continued for therapeutic benefit;
5 (4)     "Least restrictive alternative mode of treatment" means treatment given in the least
6confining setting which will provide a child or transition-age youth with an
7emotional disability or serious emotional disability appropriate treatment or care
8consistent with accepted professional practice. For purposes of this section, least
9restrictive alternative mode of treatment may include an institutional placement;
10 (5)     "Positive youth development programming" has the same meaning as in Section
111 of this Act;
12 (6)     "System of care" means a spectrum of effective, community-based services and
13supports for children and transition-age youth with or at risk of developing
14behavioral health needs and their families, that is organized into a coordinated
15network, builds meaningful partnerships with families and youth, and addresses
16their cultural and linguistic needs, in order to help them to function better at home,
17in school, in the community, and throughout life; and
18 (7)[(6)]        "Transition-age youth" means individuals between the ages of sixteen (16)
19and twenty-five (25).
20Section 5. KRS 200.505 is amended to read as follows:
21 There is hereby created a State Interagency Council for Services and Supports to
22 Children and Transition-Age Youth. The chairperson of the council shall be designated
23 by the Governor and shall establish procedures for the council's internal procedures.
24 (1)     This council shall be composed of the following:
25(a)     Members who shall serve by virtue of their positions: the commissioner of the
26Department of Education, the commissioner of the Department for Behavioral
27Health, Developmental and Intellectual Disabilities, the state suicide
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1prevention coordinator from the Department for Behavioral Health,
2Developmental and Intellectual Disabilities, the commissioner of the
3Department for Community Based Services, the commissioner of the
4Department for Public Health, the Attorney General, the commissioner of the
5Department for Medicaid Services, the commissioner of the Department of
6Juvenile Justice, the director of the Division of Family Resource and Youth
7Services Centers, the executive director of the Office for Children with
8Special Health Care Needs, the executive officer of the Department of Family
9and Juvenile Services of the Administrative Office of the Courts, the chair of
10the Subcommittee for Equity and Justice for all Youth of the Juvenile Justice
11Advisory Board, the executive director of the Kentucky Housing Corporation,
12the executive director of the Kentucky Office of Vocational Rehabilitation,
13and the president of the Council on Postsecondary Education, or their
14designees;
15(b)     The chairperson of the council shall appoint one (1) parent of a child or
16transition-age youth with a behavioral health need, who is a consumer of
17services and supports within the system of care to serve as a member of the
18council, and one (1) parent who meets the same criteria to serve as the parent
19member's alternate to serve in the absence of the parent member. For each
20appointment to be made, the State Interagency Council for Services and
21Supports to Children and Transition-Age Youth shall vote on nominations
22submitted by members. The nominee receiving the most votes shall be
23appointed. Appointees shall serve a term of two (2) years and may be
24reappointed to additional two (2) year terms. If the child of the parent member
25or alternate parent member ceases to be a consumer of services and supports
26within the system of care during the term of appointment, the member shall be
27eligible to serve out the remainder of the term of appointment. The alternate
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1parent member may attend and participate in all council meetings but shall
2vote only in the absence of the parent member. The parent member and
3alternate parent member shall receive no compensation in addition to that
4which they may already receive as service providers or state employees who
5are required to attend as part of their duties, but the parent member and
6alternate parent member shall be reimbursed for expenses incurred through
7the performance of their duties as council members if it is outside the scope of
8their job duties;
9(c)     The chairperson of the council shall appoint two (2)[one (1)] youth between
10the ages of sixteen (16) and twenty-five (25), one (1) who has a behavioral
11health disorder and who is receiving or has received services to address
12mental health, and one (1) who has substance use, or co-occurring mental
13health and substance use disorder, to serve as a member of the council, and
14one (1) youth who meets the same criteria to serve as the youth member's
15alternate in the absence of the youth member. For each appointment to be
16made, the State Interagency Council for Services and Supports to Children
17and Transition-Age Youth shall vote on nominations submitted by members.
18The nominee receiving the most votes shall be appointed. Appointees shall
19serve a term of two (2) years and may be reappointed to additional two (2)
20year terms, and the youth member and the youth member's alternate shall be
21eligible to serve out the remainder of their term of appointment regardless of
22age. The alternate youth member may attend and participate in all council
23meetings but shall vote only in the absence of the youth member. The youth
24member and alternate youth member shall receive no compensation in
25addition to that which they may already receive as service providers or state
26employees who are required to attend as part of their duties, but the youth
27member and alternate youth member shall be reimbursed for expenses
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1incurred through the performance of their duties as council members if it is
2outside the scope of their job duties;
3(d)     The chairperson of the council shall appoint one (1) member of a nonprofit
4family organization representing consumers of services and supports within
5the system of care whose membership, leadership, and governance include
6parents, primary caregivers, or children or transition-age youth with serious
7emotional, behavioral, or mental health needs, to serve as a member of the
8council. For each appointment to be made, the chair shall publicly post on the
9State Interagency Council for Services and Supports to Children and
10Transition-Age Youth Web site a solicitation for letters of interest from
11qualified organizations and submit all qualified responses to a vote of the full
12membership. The organization which receives the most votes shall designate a
13representative to serve a term of two (2) years, and may be reappointed to
14additional two (2) year terms. The family organization member shall receive
15no compensation in addition to that which the member may already receive as
16an employee who is required to attend as part of his or her duties, but shall be
17reimbursed for expenses incurred through the performance of duties as a
18council member if it is outside the scope of his or her job duties; and
19(e)     At the end of a term, a member shall continue to serve until a successor is
20appointed.
21 (2)     The State Interagency Council for Services and Supports to Children and
22Transition-Age Youth shall:
23(a)     Make recommendations annually to the Governor and the Legislative
24Research Commission regarding the system of care for children and
25transition-age youth with or at risk of behavioral health needs;
26(b)     Direct each regional interagency council to:
271.      Operate as the regional locus of accountability for the system of care;[
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1and]
22.      Participate in family accountability, intervention, and response teams
3established pursuant to KRS 605.035; and
43.      Coordinate  with   the   Kentucky        Positive   Youth     Development
5Commission established in Section 2 of this Act to establish Suicide
6Awareness and Reduction Network workgroups that shall:
7a.      Perform community needs assessments;
8b.      Research        opportunities      for   positive   youth     development
9programming; and
10c.      Apply for grants to fund and implement positive youth
11development programming;
12(c)     Assess the effectiveness of regional councils in serving as the locus of
13accountability for the system of care for children and transition-age youth
14with or at risk of behavioral health needs;
15(d)     Meet at least monthly and maintain records of meetings; and
16(e)     Develop a comprehensive array of services and supports to meet the needs of
17children and transition-age youth with or at risk of developing behavioral
18health needs.
19 (3)     Agencies represented on the state council shall adopt interagency agreements as
20necessary to advance the system of care.
21 (4)     The State Interagency Council for Services and Supports to Children and
22Transition-Age Youth may promulgate administrative regulations necessary to
23comply with the requirements of KRS 200.501 to 200.509.
24Section 6. KRS 200.509 is amended to read as follows:
25 (1)     There are hereby created regional interagency councils for the system of care.
26These councils shall be formed in each area development district within the
27Commonwealth of Kentucky, except that those area development districts that
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1contain a county with a population greater than one hundred thousand (100,000)
2may form up to three (3) such councils. The regional interagency councils shall be
3chaired by one (1) member, chosen by a majority vote of the members. Each
4council shall be composed of the following members:
5(a)     The children's services director from each regional community mental health
6center or their designee;
7(b)     One (1) court-designated specialist or court-designated worker chosen by the
8executive officer of the Department of Family and Juvenile Services of the
9Administrative Office of the Courts;
10(c)     One (1) special education cooperative representative with behavioral health
11experience chosen by the directors of cooperatives in the area served by the
12regional council;
13(d)     One (1) parent of a child with a behavioral health need, who is or has been a
14consumer of system of care services and supports, and one (1) parent who
15meets the same criteria to serve as the parent member's alternate, who may
16attend and participate in all council meetings, but shall vote only in the
17absence of the parent member. For each appointment to be made, the regional
18interagency council for which the appointment is to be made shall submit to
19the chair of the State Interagency Council for Services and Supports to
20Children and Transition-Age Youth a list of two (2) names of parents who are
21qualified for appointment from which list the chair of the State Interagency
22Council for Services and Supports to Children and Transition-Age Youth shall
23make the appointment. Appointees shall serve a term of two (2) years, and
24may be reappointed to additional two (2) year terms. If the child of the parent
25member or alternate parent member ceases to be a consumer of system of care
26services and supports during the term of appointment, the member shall be
27eligible to serve out the remainder of the term of appointment;
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1(e)     One (1) transition-age youth who has a behavioral health disorder and who is
2receiving or has received a service to address mental health, substance use, or
3co-occurring mental health and substance use disorder, and one (1) transition-
4age youth who meets the same criteria to serve as the youth member's
5alternate in the absence of the youth member. For each appointment to be
6made, the regional interagency council for which the appointment is to be
7made shall submit to the chair of the State Interagency Council for Services
8and Supports to Children and Transition-Age Youth a list of two (2) names of
9transition-age youth who are qualified for appointment from which list the
10chair of the State Interagency Council for Services and Supports to Children
11and Transition-Age Youth shall make the appointment. Appointees shall serve
12a term of two (2) years, and may be reappointed to additional two (2) year
13terms. If the youth member or alternate youth member ceases to be a
14consumer of system of care services and supports during the term of
15appointment, the member shall be eligible to serve out the remainder of the
16term of appointment;
17(f)     Any other local public or private agency that provides services and supports to
18children and transition-age youth with behavioral health needs which the
19regional interagency council may invite to have a representative become a
20permanent or temporary member of the council; and
21(g)     One (1) representative from each of the Department of Juvenile Justice,
22family resource and youth services centers, the Kentucky Office of Vocational
23Rehabilitation, the Department for Community Based Services, and local
24health departments.
25 (2)     No member of a regional interagency council for the system of care shall be given
26compensation in addition to that which they already receive as service providers or
27state employees, except that the parent and youth members and alternate parent and
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1youth members of regional interagency councils shall be reimbursed by the regional
2interagency council's contracted fiscal agent for all expenses incurred through the
3performance of their duties as council members if it is outside the scope of their job
4duties.
5 (3)     Each regional interagency council for the system of care shall perform the
6following functions:
7(a)     Conduct regional system of care planning and operations;
8(b)     Coordinate system-level continuous quality improvement;
9(c)     Identify and develop system of care expansion opportunities;
10(d)     Promote awareness of the system of care;
11(e)     Initiate and adopt interagency agreements as necessary for providing services
12and supports to children and transition-age youth with or at risk of behavioral
13health needs by the agencies represented in the regional council;
14(f)     Advise the state interagency council regarding the system of care within the
15region; [and]
16(g)     Participate in family accountability, intervention, and response teams
17established pursuant to KRS 605.035; and
18(h)     1.      Coordinate  with   the   Kentucky   Positive   Youth     Development
19Commission established in Section 2 of this Act to establish Suicide
20Awareness and Reduction Network workgroups whose membership
21shall include but not be limited to members representing:
22a.      Local school districts;
23b.      Local law enforcement;
24c.      School resource officers;
25d.      Mental health professionals;
26e.      Local health departments;
27f.      Child development specialists or pediatricians;
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1g.      Regional community mental health centers;
2h.      Parents of children and transition-age youth; and
3i.      Transition age-youth.
42.      The workgroups shall:
5a.      Perform community needs assessments;
6b.      Research        opportunities      for   positive   youth     development
7programming; and
8c.      Apply for grants to fund and implement positive youth
9development programming.
10 (4)     The secretary for health and family services and the designee of the State
11Department of Education shall ensure that regional interagency councils for the
12system of care are formed.
13 (5)     Local interagency councils for the system of care may be formed at the discretion of
14a regional interagency council to advance the functions of the regional interagency
15council at the city, county, or other local community level.
16Section 7. Members of the commission appointed under subsection (2)(a)8. to
17 11. of Section 2 of this Act shall serve an initial term of one (1) year and members of the
18 commission appointed under subsection (2)(a)12. to 15. of Section 2 of this Act shall
19 serve an initial term of two (2) years.
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