AN ACT relating to the Kentucky Positive Youth Development Commission.

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AN ACT relating to the Kentucky Positive Youth Development Commission. 1
WHEREAS, suicide is the second leading cause of death for youth and young 2
adults in Kentucky; and 3
WHEREAS, the 2023 Kentucky Youth Risk Behavior Survey reported that 18.6 4
percent of Kentucky high schoolers seriously considered attempting suicide, 8.6 percent 5
of Kentucky high schoolers attempted suicide, and 24.6 percent of Kentuc ky middle 6
schoolers purposely hurt themselves; and 7
WHEREAS, around 16 percent of Kentucky children between the ages of 3 and 17 8
face anxiety or depression; and 9
WHEREAS, in 2024, 48 percent of American teenagers reported that social media 10
sites have a mostl y negative effect on people in their age group, up from 32 percent in 11
2022; and 12
WHEREAS, experts say that suicide can be preventable when educators, students, 13
and communities learn the warning signs and how to take action when a young person 14
might be at risk of a suicidal crisis; and 15
WHEREAS, Kentucky can address the more harmful effects of social media 16
through positive childhood experiences that are associated with reduced rates of 17
depression, substance use, delinquent behavior, risky sexual behavior, pers istent 18
insomnia, and lower inflammatory markers; and 19
WHEREAS, research demonstrates a dose-response relationship between childhood 20
exposure to adverse experiences and positive childhood experiences, with improvements 21
in mental and relational health in adul thood for those who have more positive childhood 22
experiences; 23
NOW, THEREFORE, 24
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 25
SECTION 1. A NEW SECTION OF KRS CHAPTER 210 IS CREATED TO 26
READ AS FOLLOWS: 27
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As used in Sections 1 to 3 of this Act, unless the context otherwise requires: 1
(1) "Commission" means the Kentucky Positive Youth Development Commission 2
established in Section 2 of this Act; 3
(2) "Department" means the Department for Behavioral Health, Developmental and 4
Intellectual Disabilities; 5
(3) "Eligible organization" means an organization that provides positive youth 6
development programming; 7
(4) "Positive youth development programming": 8
(a) Means structured programs or activities that: 9
1. Promote youth mental well-being; 10
2. Aim to reduce risk factors for suicide, self -harm, and related adverse 11
outcomes of mental health challenges; 12
3. Engage youth through adult mentorship, enrichment, a fter school 13
supports, and community connection; 14
4. Utilize evidence-based or evidence-informed practices; 15
5. Are prevention-focused; 16
6. Are provided to youth outside of school hours; and 17
7. Are provided to parents and adult caregivers for the purpose of fa mily 18
engagement; and 19
(b) Does not include education programming provided during school hours; 20
and 21
(5) "Youth" means school-age children and young adults up to age twenty-five (25). 22
SECTION 2. A NEW SECTION OF KRS CHAPTER 210 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) The Positive Youth Development Commission is hereby established and shall be 25
attached to the Department for Behavioral Health, Developmental and 26
Intellectual Disabilities within the cabinet to promote youth well -being and 27
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connection to prevent self -harm among children and youth through accessible, 1
community-based programs. The cabinet shall provide staffing for the 2
commission. 3
(2) (a) The commission shall consist of the following voting members: 4
1. The commissioner of the Department for Behavioral Health, 5
Developmental and Intellectual Disabilities or his or her designee, 6
who shall act as chair; 7
2. The State Treasurer or his or her designee; 8
3. The secretary of the cabinet or his or her designee; 9
4. The commissioner of the Department for Public Health or his or her 10
designee; 11
5. The commissioner of the Department of Education or his or her 12
designee; 13
6. The Attorney General or his or her designee; 14
7. The chairperson of the State Interagency Council for Services and 15
Supports to Children and Transition -Age Youth or his or her 16
designee; 17
8. One (1) member appointed by the chairperson of the State Interagency 18
Council for Services and Supports to Children and Transition -Age 19
Youth to represent the regional interagency councils; 20
9. One (1) member appointed by the secretary representing the Suicide 21
Prevention Program within the Department for Behavioral Health, 22
Developmental and Intellectual Disabilities; 23
10. Two (2) members appointed by the secretary representing 24
grantmaking organizations that have funded grants to serve children 25
and youth; 26
11. One (1) member appointed by the Attorney General representing law 27
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enforcement; 1
12. One (1) member appointed by the secretary who is a mental health 2
provider specializing in the mental, social, and emotional development 3
of children; 4
13. One (1) member appointed by the secretary representing the Kentucky 5
Chapter of the American Academy of Pediatrics; 6
14. One (1) member appointed by the secretary who is a psychologist 7
specializing in social media addiction; and 8
15. One (1) member appointed by the Department of Kentucky State 9
Police who is a Kentucky State Police school resource officer as 10
defined in KRS 158.441. 11
(b) The commission shall consist of the following nonvoting members who 12
shall serve at the pleasure of their appointing authorities: 13
1. One (1) member appointed by the Speaker of the House of 14
Representatives; 15
2. One (1) member appointed by the President of the Senate; 16
3. Two (2) members appointed by the secretary from sta tewide youth -17
serving organizations from geographically diverse areas; and 18
4. One (1) member from the Kentucky Out-of-School Alliance. 19
(3) (a) Members of the commission appointed under subsection (2)(a)1. to 7. of this 20
section shall serve terms concurrent w ith holding their respective offices or 21
positions. 22
(b) The remaining members of the commission shall serve staggered two (2) 23
year terms. 24
(c) Members of the commission shall not receive compensation for their 25
services but may be reimbursed for necessary tra vel and lodging expenses 26
incurred in the performance of their duties. 27
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(4) (a) Meetings of the commission shall be conducted according to KRS 61.805 to 1
61.850. 2
(b) The commission shall meet at least twice within each calendar year. 3
(c) Eight (8) voting memb ers of the commission shall constitute a quorum for 4
the transaction of business. 5
(d) Each voting member of the commission shall have one (1) vote, with all 6
actions being taken by an affirmative vote of the majority of members 7
present. 8
(5) The commission may contract with any public or private agency or any individual 9
for research, the gathering of information, the printing and publication of 10
reports, consulting, or for any other purposes necessary to discharge the duties of 11
the commission. 12
(6) The department shall promulgate administrative regulations in accordance with 13
KRS Chapter 13A to: 14
(a) Establish a grant application process for eligible organizations; 15
(b) Award moneys from the positive youth development fund established in 16
Section 3 of this Act to eligible organizations to fund positive youth 17
development programming impacting children and youth in Kentucky; and 18
(c) Identify and coordinate with a grantmaking entity to develop applications 19
and reporting requirements, monitor utilization of granted funds, 20
administer quality control, and evaluate services or grant funds to fulfill 21
these duties. 22
SECTION 3. A NEW SECTION OF KRS CHAPTER 210 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) There is hereby established in the State Treasury a trust and agency account to be 25
known as the positive youth development fund. The fund shall consist of: 26
(a) Moneys received by the Commonwealth, counties, co nsolidated local 27
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governments, urban-county governments, and cities of the Commonwealth 1
in any settlement, judgement, or bankruptcy proceeding against any social 2
media company or person related to harms against children and youth to 3
the extent that it is no t inconsistent with an order of a court of competent 4
jurisdiction; and 5
(b) Any other moneys received from state appropriations, gifts, grants, federal 6
funds, and any other source not prohibited by law. 7
(2) The fund shall be administered by the cabinet. 8
(3) Amounts deposited in the fund shall be used for the purposes described in 9
Sections 1 to 3 of this Act and for no other purpose. 10
(4) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal 11
year shall not lapse but shall be carried forward into the next fiscal year. 12
(5) The commission shall reserve ten percent (10%) of the funds to administer the 13
grant program and provide technical assistance to organizations applying for and 14
administering grants under Sections 1 to 3 of this Act. 15
(6) Moneys in the funds shall be distributed no less than annually. 16
(7) (a) The Office of the Attorney General may recover its reasonable costs of 17
litigation in accordance with KRS 48.005 from moneys received from a 18
legal settlement, judgement, or bankruptcy p roceedings related to litigation 19
against social media companies. 20
(b) The Office of the Attorney General may recover any direct costs, including 21
employee time, used to perform or administer the duties required by 22
Sections 1 to 3 of this Act. The Office of t he Attorney General shall report 23
all such recovered costs to the commission no less than annually. 24
Section 4. KRS 200.503 is amended to read as follows: 25
As used in KRS 200.501 to 200.509, unless the context otherwise requires: 26
(1) "Child with a behavioral health need" means a child or transition -age youth with, or 27
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at risk of developing, an emotional disability, substance use disorder, or mental, 1
emotional, or behavioral needs; 2
(2) "Child with an emotional disability" mean s a child or transition -age youth with a 3
clinically significant disorder of thought, mood, perception, orientation, memory, or 4
behavior that is listed in the current edition of the American Psychiatric 5
Association's Diagnostic and Statistical Manual of Men tal Disorders and seriously 6
limits a child's capacity to function in the home, school, or community; 7
(3) "Child with a serious emotional disability" means a child or transition -age youth 8
with a clinically significant disorder of thought, mood, perception, orientation, 9
memory, or behavior that is listed in the current edition of the American Psychiatric 10
Association's Diagnostic and Statistical Manual of Mental Disorders and that: 11
(a) Presents substantial limitations that have persisted for at least one (1) y ear or 12
are judged by a mental health professional to be at high risk of continuing for 13
one (1) year without professional intervention in at least two (2) of the 14
following five (5) areas: "Self -care," defined as the ability to provide, sustain, 15
and protect his or herself at a level appropriate to his or her age; 16
"Interpersonal relationships," defined as the ability to build and maintain 17
satisfactory relationships with peers and adults; "Family life," defined as the 18
capacity to live in a family or family type environment; "Self -direction," 19
defined as the child's ability to control his or her behavior and to make 20
decisions in a manner appropriate to his or her age; and "Education," defined 21
as the ability to learn social and intellectual skills from teachers in available 22
educational settings; 23
(b) Is a Kentucky resident and is receiving residential treatment for emotional 24
disability through the interstate compact; 25
(c) The Department for Community Based Services has removed the child from 26
the child's home and has b een unable to maintain the child in a stable setting 27
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due to behavioral health needs; or 1
(d) Is a person under twenty -one (21) years of age meeting the criteria of 2
paragraph (a) of this subsection and who was receiving services prior to age 3
eighteen (18) that must be continued for therapeutic benefit; 4
(4) "Least restrictive alternative mode of treatment" means treatment given in the least 5
confining setting which will provide a child or transition -age youth with an 6
emotional disability or serious emotional di sability appropriate treatment or care 7
consistent with accepted professional practice. For purposes of this section, least 8
restrictive alternative mode of treatment may include an institutional placement; 9
(5) "Positive youth development programming" has th e same meaning as in Section 10
1 of this Act; 11
(6) "System of care" means a spectrum of effective, community -based services and 12
supports for children and transition -age youth with or at risk of developing 13
behavioral health needs and their families, that is or ganized into a coordinated 14
network, builds meaningful partnerships with families and youth, and addresses 15
their cultural and linguistic needs, in order to help them to function better at home, 16
in school, in the community, and throughout life; and 17
(7)[(6)] "Transition-age youth" means individuals between the ages of sixteen (16) 18
and twenty-five (25). 19
Section 5. KRS 200.505 is amended to read as follows: 20
There is hereby created a State Interagency Council for Services and Supports to 21
Children and Transition -Age Youth. The chairperson of the council shall be designated 22
by the Governor and shall establish procedures for the council's internal procedures. 23
(1) This council shall be composed of the following: 24
(a) Members who shall serve by virtue of their positions: the commissioner of the 25
Department of Education, the commissioner of the Department for Behavioral 26
Health, Developmental and Intellectual Disabilities, the state suicide 27
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prevention coordinator from the Department for Behavioral Health, 1
Developmental and Intellectual Disabilities, the commissioner of the 2
Department for Community Based Services, the commissioner of the 3
Department for Public Health, the Attorney General, the commissioner of the 4
Department for Medicai d Services, the commissioner of the Department of 5
Juvenile Justice, the director of the Division of Family Resource and Youth 6
Services Centers, the executive director of the Office for Children with 7
Special Health Care Needs, the executive officer of the D epartment of Family 8
and Juvenile Services of the Administrative Office of the Courts, the chair of 9
the Subcommittee for Equity and Justice for all Youth of the Juvenile Justice 10
Advisory Board, the executive director of the Kentucky Housing Corporation, 11
the executive director of the Kentucky Office of Vocational Rehabilitation, 12
and the president of the Council on Postsecondary Education, or their 13
designees; 14
(b) The chairperson of the council shall appoint one (1) parent of a child or 15
transition-age youth wit h a behavioral health need, who is a consumer of 16
services and supports within the system of care to serve as a member of the 17
council, and one (1) parent who meets the same criteria to serve as the parent 18
member's alternate to serve in the absence of the pa rent member. For each 19
appointment to be made, the State Interagency Council for Services and 20
Supports to Children and Transition -Age Youth shall vote on nominations 21
submitted by members. The nominee receiving the most votes shall be 22
appointed. Appointees s hall serve a term of two (2) years and may be 23
reappointed to additional two (2) year terms. If the child of the parent member 24
or alternate parent member ceases to be a consumer of services and supports 25
within the system of care during the term of appointment, the member shall be 26
eligible to serve out the remainder of the term of appointment. The alternate 27
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parent member may attend and participate in all council meetings but shall 1
vote only in the absence of the parent member. The parent member and 2
alternate parent member shall receive no compensation in addition to that 3
which they may already receive as service providers or state employees who 4
are required to attend as part of their duties, but the parent member and 5
alternate parent member shall be reimbursed for expenses incurred through 6
the performance of their duties as council members if it is outside the scope of 7
their job duties; 8
(c) The chairperson of the council shall appoint two (2)[one (1)] youth between 9
the ages of sixteen (16) and twenty -five (25), one (1) who has a behavioral 10
health disorder and who is receiving or has received services to address 11
mental health, and one (1) who has substance use, or co -occurring mental 12
health and substance use disorder, to serve as a member of the council, and 13
one (1) youth who meets the same criteria to serve as the youth member's 14
alternate in the absence of the youth member. For each appointment to be 15
made, the State Interagency Council for Services and Supports to Children 16
and Transition-Age Youth shall vote on n ominations submitted by members. 17
The nominee receiving the most votes shall be appointed. Appointees shall 18
serve a term of two (2) years and may be reappointed to additional two (2) 19
year terms, and the youth member and the youth member's alternate shall be 20
eligible to serve out the remainder of their term of appointment regardless of 21
age. The alternate youth member may attend and participate in all council 22
meetings but shall vote only in the absence of the youth member. The youth 23
member and alternate youth member shall receive no compensation in 24
addition to that which they may already receive as service providers or state 25
employees who are required to attend as part of their duties, but the youth 26
member and alternate youth member shall be reimbursed for expe nses 27
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incurred through the performance of their duties as council members if it is 1
outside the scope of their job duties; 2
(d) The chairperson of the council shall appoint one (1) member of a nonprofit 3
family organization representing consumers of services a nd supports within 4
the system of care whose membership, leadership, and governance include 5
parents, primary caregivers, or children or transition -age youth with serious 6
emotional, behavioral, or mental health needs, to serve as a member of the 7
council. For each appointment to be made, the chair shall publicly post on the 8
State Interagency Council for Services and Supports to Children and 9
Transition-Age Youth Web site a solicitation for letters of interest from 10
qualified organizations and submit all qualifie d responses to a vote of the full 11
membership. The organization which receives the most votes shall designate a 12
representative to serve a term of two (2) years, and may be reappointed to 13
additional two (2) year terms. The family organization member shall re ceive 14
no compensation in addition to that which the member may already receive as 15
an employee who is required to attend as part of his or her duties, but shall be 16
reimbursed for expenses incurred through the performance of duties as a 17
council member if it is outside the scope of his or her job duties; and 18
(e) At the end of a term, a member shall continue to serve until a successor is 19
appointed. 20
(2) The State Interagency Council for Services and Supports to Children and 21
Transition-Age Youth shall: 22
(a) Make r ecommendations annually to the Governor and the Legislative 23
Research Commission regarding the system of care for children and 24
transition-age youth with or at risk of behavioral health needs; 25
(b) Direct each regional interagency council to: 26
1. Operate as th e regional locus of accountability for the system of care; [ 27
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and] 1
2. Participate in family accountability, intervention, and response teams 2
established pursuant to KRS 605.035; and 3
3. Coordinate with the Kentucky Positive Youth Development 4
Commission establ ished in Section 2 of this Act to establish Suicide 5
Awareness and Reduction Network workgroups that shall: 6
a. Perform community needs assessments; 7
b. Research opportunities for positive youth development 8
programming; and 9
c. Apply for grants to fund and imp lement positive youth 10
development programming; 11
(c) Assess the effectiveness of regional councils in serving as the locus of 12
accountability for the system of care for children and transition -age youth 13
with or at risk of behavioral health needs; 14
(d) Meet at least monthly and maintain records of meetings; and 15
(e) Develop a comprehensive array of services and supports to meet the needs of 16
children and transition -age youth with or at risk of developing behavioral 17
health needs. 18
(3) Agencies represented on the sta te council shall adopt interagency agreements as 19
necessary to advance the system of care. 20
(4) The State Interagency Council for Services and Supports to Children and 21
Transition-Age Youth may promulgate administrative regulations necessary to 22
comply with the requirements of KRS 200.501 to 200.509. 23
Section 6. KRS 200.509 is amended to read as follows: 24
(1) There are hereby created regional interagency councils for the system of care. 25
These councils shall be formed in each ar ea development district within the 26
Commonwealth of Kentucky, except that those area development districts that 27
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contain a county with a population greater than one hundred thousand (100,000) 1
may form up to three (3) such councils. The regional interagency c ouncils shall be 2
chaired by one (1) member, chosen by a majority vote of the members. Each 3
council shall be composed of the following members: 4
(a) The children's services director from each regional community mental health 5
center or their designee; 6
(b) One (1) court -designated specialist or court -designated worker chosen by the 7
executive officer of the Department of Family and Juvenile Services of th e 8
Administrative Office of the Courts; 9
(c) One (1) special education cooperative representative with behavioral health 10
experience chosen by the directors of cooperatives in the area served by the 11
regional council; 12
(d) One (1) parent of a child with a behav ioral health need, who is or has been a 13
consumer of system of care services and supports, and one (1) parent who 14
meets the same criteria to serve as the parent member's alternate, who may 15
attend and participate in all council meetings, but shall vote only in the 16
absence of the parent member. For each appointment to be made, the regional 17
interagency council for which the appointment is to be made shall submit to 18
the chair of the State Interagency Council for Services and Supports to 19
Children and Transition-Age Youth a list of two (2) names of parents who are 20
qualified for appointment from which list the chair of the State Interagency 21
Council for Services and Supports to Children and Transition-Age Youth shall 22
make the appointment. Appointees shall serve a ter m of two (2) years, and 23
may be reappointed to additional two (2) year terms. If the child of the parent 24
member or alternate parent member ceases to be a consumer of system of care 25
services and supports during the term of appointment, the member shall be 26
eligible to serve out the remainder of the term of appointment; 27
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(e) One (1) transition-age youth who has a behavioral health disorder and who is 1
receiving or has received a service to address mental health, substance use, or 2
co-occurring mental health and su bstance use disorder, and one (1) transition -3
age youth who meets the same criteria to serve as the youth member's 4
alternate in the absence of the youth member. For each appointment to be 5
made, the regional interagency council for which the appointment is t o be 6
made shall submit to the chair of the State Interagency Council for Services 7
and Supports to Children and Transition-Age Youth a list of two (2) names of 8
transition-age youth who are qualified for appointment from which list the 9
chair of the State Int eragency Council for Services and Supports to Children 10
and Transition-Age Youth shall make the appointment. Appointees shall serve 11
a term of two (2) years, and may be reappointed to additional two (2) year 12
terms. If the youth member or alternate youth memb er ceases to be a 13
consumer of system of care services and supports during the term of 14
appointment, the member shall be eligible to serve out the remainder of the 15
term of appointment; 16
(f) Any other local public or private agency that provides services and supports to 17
children and transition -age youth with behavioral health needs which the 18
regional interagency council may invite to have a representative become a 19
permanent or temporary member of the council; and 20
(g) One (1) representative from each of the Depa rtment of Juvenile Justice, 21
family resource and youth services centers, the Kentucky Office of Vocational 22
Rehabilitation, the Department for Community Based Services, and local 23
health departments. 24
(2) No member of a regional interagency council for the sys tem of care shall be given 25
compensation in addition to that which they already receive as service providers or 26
state employees, except that the parent and youth members and alternate parent and 27
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youth members of regional interagency councils shall be reimbursed by the regional 1
interagency council's contracted fiscal agent for all expenses incurred through the 2
performance of their duties as council members if it is outside the scope of their job 3
duties. 4
(3) Each regional interagency council for the system of care shall perform the 5
following functions: 6
(a) Conduct regional system of care planning and operations; 7
(b) Coordinate system-level continuous quality improvement; 8
(c) Identify and develop system of care expansion opportunities; 9
(d) Promote awareness of the system of care; 10
(e) Initiate and adopt interagency agreements as necessary for providing services 11
and supports to children and transition -age youth with or at risk of behavioral 12
health needs by the agencies represented in the regional council; 13
(f) Advise the state interagency council regarding the system of care within the 14
region; [and] 15
(g) Participate in family accountability, intervention, and response teams 16
established pursuant to KRS 605.035; and 17
(h) 1. Coordinate with the Kentucky Positive Youth Dev elopment 18
Commission established in Section 2 of this Act to establish Suicide 19
Awareness and Reduction Network workgroups whose membership 20
shall include but not be limited to members representing: 21
a. Local school districts; 22
b. Local law enforcement; 23
c. School resource officers; 24
d. Mental health professionals; 25
e. Local health departments; 26
f. Child development specialists or pediatricians; 27
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g. Regional community mental health centers; 1
h. Parents of children and transition-age youth; and 2
i. Transition age-youth. 3
2. The workgroups shall: 4
a. Perform community needs assessments; 5
b. Research opportunities for positive youth development 6
programming; and 7
c. Apply for grants to fund and implement positive youth 8
development programming. 9
(4) The secretary for health and family services and the designee of the State 10
Department of Education shall ensure that regional interagency councils for the 11
system of care are formed. 12
(5) Local interagency councils for the system of care may be formed at the discretion of 13
a regional interagency council to advance the functions of the regional interagency 14
council at the city, county, or other local community level. 15
Section 7. Members of the commission appointed under subsection (2)(a)8. to 16
11. of Section 2 of this Act shall serve an initial term of one (1) year and members of the 17
commission appointed under subsection (2)(a)12. to 15. of Sec tion 2 of this Act shall 18
serve an initial term of two (2) years. 19