Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council Study Committee on Emergency Detention and Civil Commitment of Minors.

The bill requires the Department of Health Services (DHS) to develop and maintain a portal that is available throughout the state to facilitate sharing of safety plans for a minor in crisis among safety plan partners. The bill defines a safety plan as an individual’s written document, created in advance of a crisis, that provides guidance on how to help the individual when the individual experiences a behavioral or developmental health challenge or crisis.

Safety Plan Contents and Requirements

A minor who is at risk of an encounter with law enforcement or other emergency service providers during a behavioral or developmental health challenge or crisis may create a safety plan with the assistance of a facilitator. The bill directs DHS to develop a standard safety plan template, and specifies that a minor’s safety plan may include any of the following information: the minor’s name and address or addresses; what it looks like when the minor feels unsafe or needs assistance; de-escalation strategies that work for the minor; contact information for the minor’s parent or guardian, health care providers, and individuals who can provide emotional support to the minor in times of crisis; what the minor would like law enforcement officers or emergency responders to know; and other information that is important to the minor.

The bill specifies that a safety plan expires one year after the date the safety plan is signed.

Release of Information

The bill allows a minor’s safety plan to be shared with a safety plan partner only if the minor has signed a release of information stating that the minor agrees and understands that the safety plan will be used only to ensure the safety and well-being of the minor, may be revoked at any time other than during a crisis, will be shared in the portal and may be accessed by all safety plan partners and other networks in the portal, and that the release of information will be attached to the minor’s safety plan. The release of information must identify all current safety plan partners and include the minor’s acknowledgment that additional safety plan partners may join the network and access the minor’s safety plan. A facilitator must ensure that the minor understands the release of information.

The bill specifies that a safety plan partner may access a safety plan only to ensure the safety and well-being of the minor during a crisis, to review or update a safety plan, or at the minor’s request. A safety plan partner must maintain confidentiality of a safety plan and may disclose a safety plan to a person who is not a safety plan partner in the network only if the person is the minor’s parent, guardian, legal custodian, Indian custodian, legal representative, another safety plan network during a crisis, or a bona fide researcher using de-identified information.