(a) The Behavioral Health Crisis Services Intervention Board is established.

(b) The Board shall do all of the following:

(1) Develop and recommend a comprehensive statewide crisis intervention services plan and annually review and update the recommended plan. The Board shall submit the recommended plan with the report required under paragraph (b)(4) of this section.

(2) Within 3 years of the initial convening of the Board, and every 3 years thereafter, the Board shall review the provision of crisis intervention services in this State, the system of care of crisis intervention services in this State, and the needs for crisis intervention services of Delawareans, and make a written report of the Board’s findings and recommendations. The Board shall submit the report with the report required under paragraph (b)(4) of this section.

(3) Make recommendations annually to the Governor and General Assembly, consistent with the purposes for expenditures under § 10213A(b) of this title, for appropriating moneys expected to be received in the next fiscal year. The Board shall submit the recommendations with the report required under paragraph (b)(4) of this section.

(4) Provide a written report not later than November 15 of each year to all of the following:

a. The Governor.

b. The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.

c. The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.

d. The Controller General.

e. The Director and the Legislative Librarian of the Division of Legislative Services.

f. The Director of the Public Archives.

g. The Secretary of the Department of Health and Social Services.

h. The Secretary of the Department of Safety and Homeland Security.

i. The Secretary of the Department of Services for Children, Youth and Their Families.

(c) The Board is comprised of all of the following members:

(1) The following members serving by virtue of position, or a designee appointed by the member:

a. The Director of the Division of Substance Abuse and Mental Health.

b. The Director of the Division of Prevention and Behavioral Health Services.

c. The Director of the Division of Medicaid and Medical Assistance.

d. The Insurance Commissioner.

e. The Chair of the Behavioral Health Consortium.

f. The Chair of the Behavioral Health Planning and Advisory Council.

g. The Chair of the Delaware Emergency Medical Services Oversight Council.

h. The Executive Director of the State Council for Persons with Disabilities.

i. The President of the Delaware Association of Chiefs of Police.

j. The Chair of the Delaware Suicide Prevention Coalition.

k. The Executive Director of the Delaware Office of Veterans Services.

l. The Chair of the Enhanced 911 Emergency Reporting System Service Board.

m. The Executive Director of the Delaware Healthcare Association.

n. The Executive Director of the National Alliance on Mental Illness in Delaware.

o. The President of the Mental Health Association in Delaware.

p. The Executive Director of each of Delaware’s Lifeline Centers.

q. The Executive Director of the Ability Network of Delaware.

(2) Three members serving by appointment of the Governor as follows:

a. A certified peer recovery specialist.

b. A licensed behavioral health practitioner who provides crisis intervention services.

c. A representative of a behavioral health treatment program providing crisis intervention services.

(d) The members appointed by the Governor serve at the pleasure of the Governor.

(e) The Director of the Division of Prevention and Behavioral Health and the Director of the Division of Substance Abuse and Mental Health, or their designees, shall serve as co-chairs of the Board.

(f) Whenever a member designates a designee under this section, the member shall inform the Board’s co-chairs in writing. A member’s designee serves at the pleasure of the member and has the same duties and rights as the member.

(g) The Board shall adopt rules or procedures governing the Board’s work, including ethical standards and procedures to identify and address conflicts of interest.

(h) The Board shall meet at least quarterly.

(i) A majority of the Board’s current membership constitutes a quorum. Vacancies do not count for purposes of establishing a quorum.

(j) Official action of the Board requires approval of a majority of a quorum of the Board.

(k) The Division shall provide administrative services to the Board. The Division may seek reimbursement from the Fund for reasonable costs incurred in providing administrative services to the Board.

84 Del. Laws, c. 168, § 1;  84 Del. Laws, c. 255, § 26; 

(a) A special fund, known as the “Behavioral Health Crisis Intervention Services Fund,” is created to support the operation and maintenance of 988, a crisis intervention services system, and the continuum of behavioral health services.

(b) All of the following must be deposited into the Fund:

(1) Money collected under this chapter.

(2) Grants, gifts, and other money intended for the Fund.

(3) Money appropriated or transferred to the Fund by the General Assembly.

(c) The State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board and credit interest to the Fund monthly consistent with the rate established by the Cash Management Policy Board.

(d) Money in the Fund at the end of a State fiscal year carries forward and must not revert to the General Fund.

(e) At least monthly, the State Treasurer shall provide a statement of account of the Fund to the Co-Chairs of the Board.

84 Del. Laws, c. 168, § 1; 

(a) The Division may not expend the moneys in the Fund except under an appropriation authorized in the annual appropriation act or annual bond and capital improvement act.

(b) Moneys in the Fund may be expended for any of the following purposes in furtherance of the administration of this chapter:

(1) Establishing, operating, maintaining, and improving 988 or crisis intervention services, including personnel costs, technology, and infrastructure enhancements necessary to achieve operational and clinical standards and evidence-based best practices.

(2) Establishing, operating, or contracting for crisis teams for adults and children.

(3) Recruiting and retaining qualified personnel.

(4) Providing specialized training related to serving at-risk communities, including providing culturally and linguistically competent services.

(5) Raising public awareness of 988, behavioral health crisis intervention services available in this State, and education on behavioral health conditions.

(6) Data collection and analysis, reporting, evaluation participation, and related quality improvement activities.

(7) Administration, oversight, and evaluation of the Fund.

(8) Reimbursement of money appropriated by the General Assembly to implement this chapter.

(9) Any other purpose authorized by the annual appropriation act or annual bond and capital improvement act.

(c) The Director of the Office of Management and Budget may waive the procurement requirements under Chapter 69 of Title 29 for expenditures made from the Fund.

(d) The Secretary of the Department of Health and Social Services shall provide a written report not later than the second Tuesday of January each year to all of the following regarding each expenditure made under the Fund in the previous fiscal year and to what extent the expenditure accomplished the intended purpose of the expenditure:

(1) The Governor.

(2) The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.

(3) The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.

(4) The Controller General.

(5) The Director and the Legislative Librarian of the Division of Legislative Services.

(6) The Director of the Public Archives.

(7) The Secretary of the Department of Safety and Homeland Security.

(8) The Secretary of the Department of Services for Children, Youth and Their Families.

(9) The Board.

84 Del. Laws, c. 168, § 1;  84 Del. Laws, c. 255, § 27; 

The Division and the Department of Services for Children, Youth and Their Families may adopt regulations or policies and procedures to administer, enforce, and implement this subchapter.

84 Del. Laws, c. 168, § 1;