4. SUPP MOU: Yuma Regional Mental Health Court

CLERK OF SUPE:
IN AND FOR THE COUNTY OF YUM&AS 5°
In the Matter of:
ee Administrative Order
eee
THE SHARING OF MENTAL HEALTH No, 2020-12
INFORMATION FOR COURT-INVOLVED (Replacing Administrative
ADULTS ee Order No. 2014-21)
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WHEREAS; individuals with mental illness including those that have been diagnosed with
General Mental Health/Substance Abuse (GMSA) and serious mental illness (SMI) frequently enter
the criminal justice system, and are denied services which would otherwise be available to them if the
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court was aware of their mental health history and diagnosis; and
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WHEREAS, Yuma County Adult Probation (YCAP) makes recommendations for sentencing
12 purposes to the court for individuals with integrated health issues, and
13 WHEREAS, the YCAP supervises probationers who have integrated health issues and or are
diagnosed as SMI and these probationers are supervised under mental health regulations and or
14 participate in the Superior Court’s Mental Health Court for continuity of care; and
15 WHEREAS, the Privacy Rule of the Federal Health Insurance Portability and Accountability
Act of 1996 (“HIPAA”) and the Federal Code of Regulations in 45 CFR 164.512€(1) authorizes the
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disclosure of protected information pursuant to a court order; and
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WHEREAS, the Arizona Department of Health Services (ADHS) contracts with the Regional
18 Behavioral Health Authority (RBHA) and or Managed Care Organizations (MCO). Its contracted
providers need to share information with the Yuma County Superior Court including YCAP through
19 direct access database inquires for certain types of limited identifying information to the Court and
Probation for sentencing purposes; identification, assignment to specialized court calendars, continuity
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of care, and referral to appropriate integrated health treatment agencies;
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IT IS ORDERED that the Regional Behavioral Health Authority (RBHA) and or Managed Care
22 Organizations (MCO) shall provide direct, real-time access to its entire client database to the Yuma
County Superior Court, and YCAP, for individuals who have been arrested or detained, are involved
23 with the YCAP, or are the subject of court proceedings pursuant to Arizona Revised Statutes Title 8,
Title 36 and /or Title 14. Unless otherwise prohibited by federal law, the access shall consist of the
24 following information, if available, about the individual:
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First, Middle and Last Name, and known aliases of the individual,
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The last four digits of the individual’s social security number,
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Oo Date of birth, gender, and ethnicity of the individual,
27 an Whether the subject individual is, or has been previously, enrolled as a client of the RBHA
and or MCO, and or has been designated as SMI and is COT,
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e. Provide the associated AHCCCS number to probation to assist member
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f. Whether the subject individual is enrolled or previously enrolled as a client of the
RBHA/MCO as a youth involved in children’s services, and
g. Name of clinic or provider, name of case manager and telephone number.
h. Assist in identifying members not receiving services, to better collaborate with the courts and
to ensure services to members.
IT IS FURTHER ORDERED as follows:
lL. The Yuma County Superior Court, and YCAP shall refer individuals who are identified
through validated risks assessments to potentially have mental health and/or substance abuse issues,
and do not have healthcare to the RBHA for enrollment, assessment, and engagement in treatment
services to target identified needs. The RBHA shall determine whether the referred individuals qualify
for enrollment and services.
2. The Yuma County Superior Court and YCAP shall provide the RBHA and or MCO or its
contractors with copies of risk assessment and case plans on identified individuals when referring the
individuals for treatment.
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3, The Yuma County Superior Court, YCAP, the RBHA and or MCO its subcontractors, shall
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implement protocols for the release and exchange of information as required by this order, in a manner
12 that will accommodate routine as well as emergency requests for information 24 hours a day — seven
days a week,
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4, The Yuma County Superior Court, and YCAP shall maintain the confidentiality of all
14 information provided to or from the RBHA and or MCO and its contractors pursuant to this
Administrative Order and shall not disseminate such information to any person or entity not under its
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supervision and control, except as provided by applicable law, rule, regulation or court order. No
database inquiries into the RBHA and or MCO records shall be permitted by any designated county
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Superior Court or Adult Probation Department employee except for the limited purpose set forth in
17 this Administrative Order.
18 5. The RBHA and or MCO and its subcontractors shall maintain the confidentiality of
information provided by the Yuma County Superior Court, and YCAP pursuant to this. Administrative
19 Order, and shall not disseminate such information to any person or entity not under its supervision and
control, except as provided by applicable law, rule, regulation, or court order. No database inquiries
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into the Yuma County Superior Court, or YCAP records and case management systems shall be
permitted by any ADHS, RBHA, MCO or subcontractor except for the limited purpose set forth in this
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Administrative Order.
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a
23 DATED this 4 day of June 2020.
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26 Hono bie avid M. Haws
Presiding/Judge
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Original filed with:
Hon. Lynn Fazz, Clerk of the Superior Court
Copies to:
Hon. Mark Wayne Reeves, Div. |
Hon. R. Erin Farrar, Div. 2
Hon. Larry Kenworthy, Div. 3
Hon. Roger A. Nelson, Div. 5
Hon. Brandon S. Kinsey, Div. 6
Hon. Kathryn Stocking-Tate, Comm. 1
Hon. Stephen J. Rouff, Comm. 2
Hon. Levi Gunderson, Comm, 3
Hon. Gregory Stewart, Justice Court Precinct 1
Hon, Darci D. Weede, Justice Court Precinct 1, Pro Tem
Hon, Juan Guerrero, Justice Court Precinct 2
Hon. Russ Jones, Justice Court Precinct 3/Wellton Municipal Court
Hon. James Coil, Yuma Municipal Court
10 Hon. Manuel Figueroa, Somerton Municipal Court
Hon. Nohemy Echavarria, San Luis Municipal Court
1i Kathleen M. Schaben, Court Administrator
Tim D. Hardy, Director of Juvenile Court
12 Ryan M. Byrd, Interim Chief Adult Probation Officer
Dona Miller-Robbins, Caseflow Manager
13 Martin Mendez, Justice Court Administrator
Susan K, Thorpe, County Administrator
14 Hon. Jon R. Smith, Yuma County Attorney
Sheriff Leon N. Wilmot, Yuma County Sheriff's Office
15 Capt. J.D. Lackie, Yuma County Sheriff’s Office
Michael Breeze, Yuma County Public Defender
16 Terri L. Capozzi, Yuma County Legal Defender
Shannon Gunderman, Conflict Administrator
17 Yuma County Bar Association
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