A BILL TO BE ENTITLED
AN ACT to codify portions of the state plan for mental health, developmental disabilities, and substance abuse services to create consumer and family advisory committees, and to appropriate funds to implement the MH/DD/SA Consumer Advocacy Program as recommended by the Joint Legislative Oversight committee on Mental Health, Developmental Disabilities, and Substance abuse services.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 4 of Chapter 122C is amended by adding a new Part to read:
"Part 4A. Consumer and Family Advisory Committees.
"§ 122C‑170.  Local Consumer and Family Advisory Committees.
(a)	Area authorities and county programs shall establish committees made up of consumers and family members to be known as Consumer and Family Advisory Committees (CFACS). A local CFAC shall be a self‑governing and a self‑directed organization that advises the area authority or county program in its catchment area on the planning and management of the local public mental health, developmental disabilities, and substance abuse services system.
Each CFAC shall adopt bylaws to govern the selection and appointment of its members, their terms of service, the number of members, and other procedural matters. At the request of either the CFAC or the governing board of the area authority or county program, the CFAC and the governing board shall execute an agreement that identifies the roles and responsibilities of each party, channels of communication between the parties, and a process for resolving disputes between the parties.
(b)	Each of the disability groups shall be equally represented on the CFAC, and the CFAC shall reflect as closely as possible the racial and ethnic composition of the catchment area. The terms of members shall be three years, and no member may serve more than two consecutive terms. The CFAC shall be composed exclusively of:
(1)	Adult consumers of mental health, developmental disabilities, and substance abuse services;
(2)	Parents of minor children who are consumers of mental health, developmental disabilities, and substance abuse services; and
(3)	Parents of adult children who are severely developmentally disabled.
(c)	The CFAC shall undertake all of the following:
(1)	Review, comment on, and monitor the implementation of the local business plan.
(2)	Identify service gaps and underserved populations.
(3)	Make recommendations regarding the service array and monitor the development of additional services.
(4)	Review and comment on the area authority or county program budget.
(5)	Participate in all quality improvement measures and performance indicators.
(6)	Submit to the State Consumer and Advisory Committee findings and recommendations regarding ways to improve the delivery of mental health, developmental disabilities, and substance abuse services.
(d)	The director of the area authority or county program shall provide sufficient staff to assist the CFAC in implementing its duties under subsection (c) of this section. The assistance shall include data for the identification of service gaps and underserved populations, training to review and comment on business plans and budgets, procedures to allow participation in quality monitoring, and technical advice on rules of procedure and applicable laws.
"§ 122C‑171.  State Consumer and Family Advisory Committee.
(a)	There is established the State Consumer and Advisory Committee (State CAFC). The State CFAC shall be shall be a self‑governing and self‑directed organization that advises the Department and the General Assembly on the planning and management of the State's public mental health, developmental disabilities, and substance abuse services system.
(b)	The State CFAC shall be composed of 21 members.  The members shall be composed exclusively of adult consumers of mental health, developmental disabilities, and substance abuse services; parents of minor children who are consumers of mental health, developmental disabilities, and substance abuse services; and parents of adult children who are severely developmentally disabled. The terms of members shall be three years, and no member may serve more than two consecutive terms. Vacancies shall be filled by the appointing authority. The members shall be appointed as follows:
(1)	Nine by the Secretary. The Secretary's appointments shall reflect each of the disability groups. The terms shall be staggered so that terms of three of the appointees expire each year.
(2)	Three by the General Assembly upon the recommendations of the President Pro Tempore of the Senate, one each of whom shall come from the three State regions for institutional services (Eastern Region, Central Region, and Western Region). The terms of the appointees shall be staggered so that the term of one appointee expires every year.
(3)	Three by the General Assembly upon the recommendations of the Speaker of the House of Representatives, one each of whom shall come from the three State regions for institutional services (Eastern Region, Central Region, and Western Region). The terms of the appointees shall be staggered so that the term of one appointee expires every year.
(4)	Three by the Council of Community Programs, one each of whom shall come from the three State regions for institutional services (Eastern Region, Central Region, and Western Region). The terms of the appointees shall be staggered so that the term of one appointee expires every year.
(5)	Three by the North Carolina Association of County Commissioners, one each of whom shall come from the three State regions for institutional services (Eastern Region, Central Region, and Western Region). The terms of the appointees shall be staggered so that the term of one appointee expires every year.
(c)	The State CFAC shall undertake all of the following:
(1)	Review, comment on, and monitor the implementation of the State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services.
(2)	Identify service gaps and underserved populations.
(3)	Make recommendations regarding the service array and monitor the development of additional services.
(4)	Review and comment on the State budget for mental health, developmental disabilities, and substance abuse services.
(5)	Participate in all quality improvement measures and performance indicators.
(6)	Receive the findings and recommendations by local CFACs regarding ways to improve the delivery of mental health, developmental disabilities, and substance abuse services. 
(7)	Provide technical assistance to local CFACs in implementing their duties.
(d)	The Secretary shall provide sufficient staff to assist the State CFAC in implementing its duties under subsection (c) of this section. The assistance shall include data for the identification of service gaps and underserved populations, training to review and comment on the State Plan and departmental budget, procedures to allow participation in quality monitoring, and technical advice on rules of procedure and applicable laws.
(e)	State CFAC members shall receive the per diem and allowances prescribed by G.S. 138‑5 for State boards and commissions."
SECTION 2.  There is appropriated from the General Fund to the Department of Health and Human Services the sum of one million two hundred thousand dollars ($1,200,000) for the 2006‑2007 fiscal year to implement the MH/DD/SA Consumer Advisory Program as provided in Article 1A of Chapter 122C of the General Statues.
SECTION 3.  This act becomes effective July 1, 2006.