Collapse to view only § 1665f. Indian women treatment programs

§ 1665. DefinitionsIn this part:
(1) Alcohol-related neurodevelopmental disorders; ARND
(2) Assessment
(3) Behavioral health aftercare
(4) Dual diagnosis
(5) Fetal alcohol spectrum disorders
(A) In general
(B) InclusionsThe term “fetal alcohol spectrum disorders” may include—
(i) fetal alcohol syndrome (FAS);
(ii) partial fetal alcohol syndrome (partial FAS);
(iii) alcohol-related birth defects (ARBD); and
(iv) alcohol-related neurodevelopmental disorders (ARND).
(6) FAS or fetal alcohol syndromeThe term “FAS” or “fetal alcohol syndrome” means a syndrome in which, with a history of maternal alcohol consumption during pregnancy, the following criteria are met:
(A) Central nervous system involvement, such as mental retardation, developmental delay, intellectual deficit, microencephaly, or neurological abnormalities.
(B) Craniofacial abnormalities with at least 2 of the following:
(i) Microophthalmia.
(ii) Short palpebral fissures.
(iii) Poorly developed philtrum.
(iv) Thin upper lip.
(v) Flat nasal bridge.
(vi) Short upturned nose.
(C) Prenatal or postnatal growth delay.
(7) RehabilitationThe term “rehabilitation” means medical and health care services that—
(A) are recommended by a physician or licensed practitioner of the healing arts within the scope of their practice under applicable law;
(B) are furnished in a facility, home, or other setting in accordance with applicable standards; and
(C) have as their purpose any of the following:
(i) The maximum attainment of physical, mental, and developmental functioning.
(ii) Averting deterioration in physical or mental functional status.
(iii) The maintenance of physical or mental health functional status.
(8) Substance abuse
(Pub. L. 94–437, title VII, § 701, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665a. Behavioral health prevention and treatment services
(a) PurposesThe purposes of this section are as follows:
(1) To authorize and direct the Secretary, acting through the Service, Indian tribes, and tribal organizations, to develop a comprehensive behavioral health prevention and treatment program which emphasizes collaboration among alcohol and substance abuse, social services, and mental health programs.
(2) To provide information, direction, and guidance relating to mental illness and dysfunction and self-destructive behavior, including child abuse and family violence, to those Federal, tribal, State, and local agencies responsible for programs in Indian communities in areas of health care, education, social services, child and family welfare, alcohol and substance abuse, law enforcement, and judicial services.
(3) To assist Indian tribes to identify services and resources available to address mental illness and dysfunctional and self-destructive behavior.
(4) To provide authority and opportunities for Indian tribes and tribal organizations to develop, implement, and coordinate with community-based programs which include identification, prevention, education, referral, and treatment services, including through multidisciplinary resource teams.
(5) To ensure that Indians, as citizens of the United States and of the States in which they reside, have the same access to behavioral health services to which all citizens have access.
(6) To modify or supplement existing programs and authorities in the areas identified in paragraph (2).
(b) Plans
(1) DevelopmentThe Secretary, acting through the Service, Indian tribes, and tribal organizations, shall encourage Indian tribes and tribal organizations to develop tribal plans, and urban Indian organizations to develop local plans, and for all such groups to participate in developing areawide plans for Indian Behavioral Health Services. The plans shall include, to the extent feasible, the following components:
(A) An assessment of the scope of alcohol or other substance abuse, mental illness, and dysfunctional and self-destructive behavior, including suicide, child abuse, and family violence, among Indians, including—
(i) the number of Indians served who are directly or indirectly affected by such illness or behavior; or
(ii) an estimate of the financial and human cost attributable to such illness or behavior.
(B) An assessment of the existing and additional resources necessary for the prevention and treatment of such illness and behavior, including an assessment of the progress toward achieving the availability of the full continuum of care described in subsection (c).
(C) An estimate of the additional funding needed by the Service, Indian tribes, tribal organizations, and urban Indian organizations to meet their responsibilities under the plans.
(2) National clearinghouse
(3) Technical assistance
(c) ProgramsThe Secretary, acting through the Service, shall provide, to the extent feasible and if funding is available, programs including the following:
(1) Comprehensive careA comprehensive continuum of behavioral health care which provides—
(A) community-based prevention, intervention, outpatient, and behavioral health aftercare;
(B) detoxification (social and medical);
(C) acute hospitalization;
(D) intensive outpatient/day treatment;
(E) residential treatment;
(F) transitional living for those needing a temporary, stable living environment that is supportive of treatment and recovery goals;
(G) emergency shelter;
(H) intensive case management;
(I) diagnostic services; and
(J) promotion of healthy approaches to risk and safety issues, including injury prevention.
(2) Child careBehavioral health services for Indians from birth through age 17, including—
(A) preschool and school age fetal alcohol spectrum disorder services, including assessment and behavioral intervention;
(B) mental health and substance abuse services (emotional, organic, alcohol, drug, inhalant, and tobacco);
(C) identification and treatment of co-occurring disorders and comorbidity;
(D) prevention of alcohol, drug, inhalant, and tobacco use;
(E) early intervention, treatment, and aftercare;
(F) promotion of healthy approaches to risk and safety issues; and
(G) identification and treatment of neglect and physical, mental, and sexual abuse.
(3) Adult careBehavioral health services for Indians from age 18 through 55, including—
(A) early intervention, treatment, and aftercare;
(B) mental health and substance abuse services (emotional, alcohol, drug, inhalant, and tobacco), including sex specific services;
(C) identification and treatment of co-occurring disorders (dual diagnosis) and comorbidity;
(D) promotion of healthy approaches for risk-related behavior;
(E) treatment services for women at risk of giving birth to a child with a fetal alcohol spectrum disorder; and
(F) sex specific treatment for sexual assault and domestic violence.
(4) Family careBehavioral health services for families, including—
(A) early intervention, treatment, and aftercare for affected families;
(B) treatment for sexual assault and domestic violence; and
(C) promotion of healthy approaches relating to parenting, domestic violence, and other abuse issues.
(5) Elder careBehavioral health services for Indians 56 years of age and older, including—
(A) early intervention, treatment, and aftercare;
(B) mental health and substance abuse services (emotional, alcohol, drug, inhalant, and tobacco), including sex specific services;
(C) identification and treatment of co-occurring disorders (dual diagnosis) and comorbidity;
(D) promotion of healthy approaches to managing conditions related to aging;
(E) sex specific treatment for sexual assault, domestic violence, neglect, physical and mental abuse and exploitation; and
(F) identification and treatment of dementias regardless of cause.
(d) Community behavioral health plan
(1) Establishment
(2) Technical assistance
(3) Funding
(e) Coordination for availability of services
(f) Mental health care need assessment
(Pub. L. 94–437, title VII, § 702, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665b. Memoranda of agreement with the Department of the Interior
(a) ContentsNot later than 1 year after March 23, 2010, the Secretary, acting through the Service, and the Secretary of the Interior shall develop and enter into a memoranda 1
1 So in original. Probably should be “memorandum”.
of agreement, or review and update any existing memoranda of agreement, as required by section 4205 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2411) under which the Secretaries address the following:
(1) The scope and nature of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians.
(2) The existing Federal, tribal, State, local, and private services, resources, and programs available to provide behavioral health services for Indians.
(3) The unmet need for additional services, resources, and programs necessary to meet the needs identified pursuant to paragraph (1).
(4)
(A) The right of Indians, as citizens of the United States and of the States in which they reside, to have access to behavioral health services to which all citizens have access.
(B) The right of Indians to participate in, and receive the benefit of, such services.
(C) The actions necessary to protect the exercise of such right.
(5) The responsibilities of the Bureau of Indian Affairs and the Service, including mental illness identification, prevention, education, referral, and treatment services (including services through multidisciplinary resource teams), at the central, area, and agency and Service unit, Service area, and headquarters levels to address the problems identified in paragraph (1).
(6) A strategy for the comprehensive coordination of the behavioral health services provided by the Bureau of Indian Affairs and the Service to meet the problems identified pursuant to paragraph (1), including—
(A) the coordination of alcohol and substance abuse programs of the Service, the Bureau of Indian Affairs, and Indian tribes and tribal organizations (developed under the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2401 et seq.)) with behavioral health initiatives pursuant to this chapter, particularly with respect to the referral and treatment of dually diagnosed individuals requiring behavioral health and substance abuse treatment; and
(B) ensuring that the Bureau of Indian Affairs and Service programs and services (including multidisciplinary resource teams) addressing child abuse and family violence are coordinated with such non-Federal programs and services.
(7) Directing appropriate officials of the Bureau of Indian Affairs and the Service, particularly at the agency and Service unit levels, to cooperate fully with tribal requests made pursuant to community behavioral health plans adopted under section 1665a(c) of this title and section 4206 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2412).
(8) Providing for an annual review of such agreement by the Secretaries which shall be provided to Congress and Indian tribes and tribal organizations.
(b) Specific provisions requiredThe memoranda of agreement updated or entered into pursuant to subsection (a) shall include specific provisions pursuant to which the Service shall assume responsibility for—
(1) the determination of the scope of the problem of alcohol and substance abuse among Indians, including the number of Indians within the jurisdiction of the Service who are directly or indirectly affected by alcohol and substance abuse and the financial and human cost;
(2) an assessment of the existing and needed resources necessary for the prevention of alcohol and substance abuse and the treatment of Indians affected by alcohol and substance abuse; and
(3) an estimate of the funding necessary to adequately support a program of prevention of alcohol and substance abuse and treatment of Indians affected by alcohol and substance abuse.
(c) Publication
(Pub. L. 94–437, title VII, § 703, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665c. Comprehensive behavioral health prevention and treatment program
(a) Establishment
(1) In general
The Secretary, acting through the Service, shall provide a program of comprehensive behavioral health, prevention, treatment, and aftercare, which may include, if feasible and appropriate, systems of care, and shall include—
(A) prevention, through educational intervention, in Indian communities;
(B) acute detoxification, psychiatric hospitalization, residential, and intensive outpatient treatment;
(C) community-based rehabilitation and aftercare;
(D) community education and involvement, including extensive training of health care, educational, and community-based personnel;
(E) specialized residential treatment programs for high-risk populations, including pregnant and postpartum women and their children; and
(F) diagnostic services.
(2) Target populations
(b) Contract health services
(1) In general
(2) Provision of assistance
(Pub. L. 94–437, title VII, § 704, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665d. Mental health technician program
(a) In general
Pursuant to section 13 of this title, the Secretary shall establish and maintain a mental health technician program within the Service which—
(1) provides for the training of Indians as mental health technicians; and
(2) employs such technicians in the provision of community-based mental health care that includes identification, prevention, education, referral, and treatment services.
(b) Paraprofessional training
(c) Supervision and evaluation of technicians
(d) Traditional health care practices
(Pub. L. 94–437, title VII, § 705, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665e. Licensing requirement for mental health care workers
(a) In general
(b) Trainees
An individual may be employed as a trainee in psychology, social work, or marriage and family therapy to provide mental health care services described in subsection (a) if such individual—
(1) works under the direct supervision of a licensed psychologist, social worker, or marriage and family therapist, respectively;
(2) is enrolled in or has completed at least 2 years of course work at a post-secondary, accredited education program for psychology, social work, marriage and family therapy, or counseling; and
(3) meets such other training, supervision, and quality review requirements as the Secretary may establish.
(Pub. L. 94–437, title VII, § 706, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665f. Indian women treatment programs
(a) Grants
(b) Use of grant funds
A grant made pursuant to this section may be used—
(1) to develop and provide community training, education, and prevention programs for Indian women relating to behavioral health issues, including fetal alcohol spectrum disorders;
(2) to identify and provide psychological services, counseling, advocacy, support, and relapse prevention to Indian women and their families; and
(3) to develop prevention and intervention models for Indian women which incorporate traditional health care practices, cultural values, and community and family involvement.
(c) Criteria
(d) Allocation of funds for urban Indian organizations
(Pub. L. 94–437, title VII, § 707, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665g. Indian youth program
(a) Detoxification and rehabilitation
(b) Alcohol and substance abuse treatment centers or facilities
(1) Establishment
(A) In general
(B) Area office in California
(2) Funding
(3) Location
(4) Specific provision of funds
(A) In general
Notwithstanding any other provision of this subchapter, the Secretary may, from amounts authorized to be appropriated for the purposes of carrying out this section, make funds available to—
(i) the Tanana Chiefs Conference, Incorporated, for the purpose of leasing, constructing, renovating, operating, and maintaining a residential youth treatment facility in Fairbanks, Alaska; and
(ii) the Southeast Alaska Regional Health Corporation to staff and operate a residential youth treatment facility without regard to the proviso set forth in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).1
(B) Provision of services to eligible youths
(c) Intermediate adolescent behavioral health services
(1) In general
The Secretary, acting through the Service, may provide intermediate behavioral health services, which may, if feasible and appropriate, incorporate systems of care, to Indian children and adolescents, including—
(A) pretreatment assistance;
(B) inpatient, outpatient, and aftercare services;
(C) emergency care;
(D) suicide prevention and crisis intervention; and
(E) prevention and treatment of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence.
(2) Use of funds
Funds provided under this subsection may be used—
(A) to construct or renovate an existing health facility to provide intermediate behavioral health services;
(B) to hire behavioral health professionals;
(C) to staff, operate, and maintain an intermediate mental health facility, group home, sober housing, transitional housing or similar facilities, or youth shelter where intermediate behavioral health services are being provided;
(D) to make renovations and hire appropriate staff to convert existing hospital beds into adolescent psychiatric units; and
(E) for intensive home- and community-based services.
(3) Criteria
(d) Federally owned structures
(1) In general
The Secretary, in consultation with Indian tribes and tribal organizations, shall—
(A) identify and use, where appropriate, federally owned structures suitable for local residential or regional behavioral health treatment for Indian youths; and
(B) establish guidelines for determining the suitability of any such federally owned structure to be used for local residential or regional behavioral health treatment for Indian youths.
(2) Terms and conditions for use of structure
(e) Rehabilitation and aftercare services
(1) In general
(2) Administration
(f) Inclusion of family in youth treatment program
(g) Multidrug abuse program
(h) Indian youth mental health
The Secretary, acting through the Service, shall collect data for the report under section 1671 of this title with respect to—
(1) the number of Indian youth who are being provided mental health services through the Service and tribal health programs;
(2) a description of, and costs associated with, the mental health services provided for Indian youth through the Service and tribal health programs;
(3) the number of youth referred to the Service or tribal health programs for mental health services;
(4) the number of Indian youth provided residential treatment for mental health and behavioral problems through the Service and tribal health programs, reported separately for on- and off-reservation facilities; and
(5) the costs of the services described in paragraph (4).
(Pub. L. 94–437, title VII, § 708, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665h. Inpatient and community-based mental health facilities design, construction, and staffing

Not later than 1 year after March 23, 2010, the Secretary, acting through the Service, may provide, in each area of the Service, not less than 1 inpatient mental health care facility, or the equivalent, for Indians with behavioral health problems. For the purposes of this subsection,1

1 So in original. Probably should be “section,”.
California shall be considered to be 2 area offices, 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.)
§ 1665i. Training and community education
(a) Program
(b) Instruction
(c) Training models
In carrying out the education and training programs required by this section, the Secretary, in consultation with Indian tribes, tribal organizations, Indian behavioral health experts, and Indian alcohol and substance abuse prevention experts, shall develop and provide community-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 behavioral 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.)
§ 1665j. Behavioral health program
(a) Innovative programs
(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 criteria:
(1) The project will address significant unmet behavioral health needs among Indians.
(2) The project will serve a significant number 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 capability 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
(Pub. L. 94–437, title VII, § 711, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665k. Fetal alcohol spectrum disorders programs
(a) Programs
(1) Establishment
(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, education, 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 vocational support, counseling, advocacy, and information to fetal alcohol spectrum disorders-affected Indians and their families or caretakers.
(iv) To develop and implement counseling and support programs in schools for fetal alcohol spectrum disorders-affected Indian children.
(v) To develop prevention and intervention models which incorporate practitioners of traditional health care practices, cultural values, and community involvement.
(vi) To develop, print, and disseminate education and prevention materials on fetal alcohol spectrum disorders.
(vii) To develop and implement, in consultation with Indian Tribes and Tribal Organizations, and in conference with urban Indian Organizations, culturally sensitive assessment and diagnostic tools including dysmorphology clinics and multidisciplinary 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 professionals providing services to Indians, including medical and allied health practitioners, social service providers, educators, and law enforcement, court officials and corrections personnel in the juvenile and criminal justice systems.
(B) Additional uses
In addition to any purpose under subparagraph (A), funding provided pursuant to this section may be used for 1 or more of the following:
(i) Early childhood intervention projects from birth on to mitigate the effects of fetal alcohol spectrum disorders among Indians.
(ii) Community-based support services for Indians and women pregnant with Indian children.
(iii) Community-based housing for adult Indians with fetal alcohol spectrum disorders.
(3) Criteria for applications
(b) Services
The Secretary, acting through the Service, Indian Tribes, and Tribal Organizations, shall—
(1) develop and provide services for the prevention, 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, vocational, school-to-work transition, and independent living needs of adolescent and adult Indians with fetal alcohol spectrum disorders.
(c) Applied research projects
(d) Funding for urban Indian organizations
(Pub. L. 94–437, title VII, § 712, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665l. Child sexual abuse prevention and treatment programs
(a) Establishment
The Secretary, acting through the Service, shall establish, consistent with section 1665a of this title, in every Service area, programs involving treatment for—
(1) victims of sexual abuse who are Indian children or children in an Indian household; and
(2) other members of the household or family of the victims described in paragraph (1).
(b) Use of funds
Funding provided pursuant to this section shall be used for the following:
(1) To develop and provide community education and prevention programs related to sexual abuse of Indian children or children in an Indian household.
(2) To identify and provide behavioral health treatment to victims of sexual abuse who are Indian children or children in an Indian household, and to their family members who are affected by sexual abuse.
(3) To develop prevention and intervention models which incorporate traditional health care practices, cultural values, and community involvement.
(4) To develop and implement culturally sensitive assessment and diagnostic tools for use in Indian communities and urban centers.
(c) Coordination
(Pub. L. 94–437, title VII, § 713, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665m. Domestic and sexual violence prevention and treatment
(a) In general
The Secretary, in accordance with section 1665a of this title, is authorized to establish in each Service area programs involving the prevention and treatment of—
(1) Indian victims of domestic violence or sexual abuse; and
(2) other members of the household or family of the victims described in paragraph (1).
(b) Use of funds
Funds made available to carry out this section shall be used—
(1) to develop and implement prevention programs and community education programs relating to domestic violence and sexual abuse;
(2) to provide behavioral health services, including victim support services, and medical treatment (including examinations performed by sexual assault nurse examiners) to Indian victims of domestic violence or sexual abuse;
(3) to purchase rape kits; and
(4) to develop prevention and intervention models, which may incorporate traditional health care practices.
(c) Training and certification
(1) In general
(2) Report
(d) Coordination
(1) In general
The Secretary, in coordination with the Attorney General, Federal and tribal law enforcement agencies, Indian health programs, and domestic violence or sexual assault victim organizations, shall develop appropriate victim services and victim advocate training programs—
(A) to improve domestic violence or sexual abuse responses;
(B) to improve forensic examinations and collection;
(C) to identify problems or obstacles in the prosecution of domestic violence or sexual abuse; and
(D) to meet other needs or carry out other activities required to prevent, treat, and improve prosecutions of domestic violence and sexual abuse.
(2) Report
(Pub. L. 94–437, title VII, § 714, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1665n. Behavioral health research
(a) In generalThe Secretary, in consultation with appropriate Federal agencies, shall make grants to, or enter into contracts with, Indian tribes, tribal organizations, and urban Indian organizations or enter into contracts with, or make grants to appropriate institutions for, the conduct of research on the incidence and prevalence of behavioral health problems among Indians served by the Service, Indian tribes, or tribal organizations and among Indians in urban areas. Research priorities under this section shall include—
(1) the multifactorial causes of Indian youth suicide, including—
(A) protective and risk factors and scientific data that identifies those factors; and
(B) the effects of loss of cultural identity and the development of scientific data on those effects;
(2) the interrelationship and interdependence of behavioral health problems with alcoholism and other substance abuse, suicide, homicides, other injuries, and the incidence of family violence; and
(3) the development of models of prevention techniques.
(b) Emphasis
(Pub. L. 94–437, title VII, § 715, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)