Summary of the Issue

President Bush created the New Freedom Commission on Mental Health in 2002, which released findings in April 2003. The New Freedom Commission's report called for a universal mental-health screening program to be implemented by our public education institutions and, eventually, primary care facilities. This report led the 108th Congress to appropriate funds specifically for the states to carry out some aspects of the New Freedom Commission's recommendations. Action is currently underway to limit state use of the money, in an effort to protect parental rights and individual liberty.

Background

The New Freedom Commission report asserts that "early detection, assessment, and links with treatment and supports can prevent mental health problems from worsening" and goes on to say that "strong school mental health programs can attend to the health and behavioral concerns of students, reduce unnecessary pain and suffering, and help ensure academic achievement." In short, the Commission is urging that some form of mandatory mental health screening system be implemented in schools in order to identify mental health problems early and then adequately prescribe mental health medical treatments for those who need it. The Bush administration has assured HSLDA that they desire no programs that will lead to screening of citizens for mental illness. Nonetheless, just before recess, the 108th Congress granted $20 million in funding in HR 4818, the Consolidated Appropriations Act.

Concern

In House Report 108-636 for H.R. 5006, the House Appropriations Committee stated its intention to grant a total of $20 million specifically for "state incentive grants for transformation" of the current mental-health care system and stated that "the Committee supports the recommendations made in the July 2003 New Freedom Commission on Mental Health's report on transforming mental health care in America. These grants will support the development of comprehensive State mental health plans that will enhance services and supports to persons with mental illnesses." The New Freedom Commission is trying to benefit America's mental health by treating conditions early, and to do so through the public education system. Given the legislative intent that the $20 million granted by Congress be used by recipient States to implement the Commission's mental health recommendation, HSLDA and other pro-liberty groups are concerned that States will use these grants to implement some form of mandatory, comprehensive mental screening. Unfortunately, the legislation and the committee's report never calls for parental permission requirements or prohibitions against mandatory testing and it acts on the assumption that prescribing medication is the solution to the problem.

Already, Illinois has taken the Commission findings and used them to springboard the Illinois Children's Mental Health Partnership. The Children's Mental Health Act of 2003 says that, "The Illinois State Board of Education shall develop and implement a plan to incorporate social and emotional development standards as part of the Illinois Learning Standards for the purpose of enhancing and measuring children's school readiness and ability to achieve academic success." In September 2004, the Partnership published its preliminary goals and, among other things, wants to "ensure that all children receive periodic social and emotional developmental screens" and also seeks to take these programs into private schools. The Partnership plans to "maximize the use of key federal and state program funds for children's mental health" and coordinate its efforts to receive this federal funding. The plans do not currently include homeschoolers and are not a likely threat for homeschooled children, but do directly impact the public school children of Illinois.

Current Status

Since the federal grant of $20 million (H.R. 4818) to the states for implementation of the Commission's findings, Representative Ron Paul (TX-16) has actively opposed this mental health legislation. In September 2004, Rep. Paul introduced an amendment to H.R. 5006 that called to "prohibit use of funds in the bill to create or implement any new or universal mental health screening program." The amendment failed by a 95-315 vote. Rep. Paul introduced H.R. 5236 late in the 108th Congress, and then re-introduced it to the 109th Congress in January as H.R. 181 "to prohibit the use of federal funds for any universal or mandatory mental health screening program." H.R. 181 currently has twenty-four co-sponsors and has been referred to the House Subcommittee on Education Reform. According to the Bill, "no Federal funds may be used to establish or implement any universal or mandatory mental health screening program" and it would also deny the use of Federal funds to any jurisdiction that makes child abuse charges based on a parent's refusal of screening for a child. "Universal or mandatory mental health screening program" is specifically defined in the bill as "any program of State incentive grants for transformation to implement recommendations in the July 2003 report of the President's New Freedom Commission on Mental Health," purposely counteracting any disputed actions resulting from the New Freedom Commission findings.