Bill Text: CA AB82 | 2009-2010 | Regular Session | Enrolled
Bill Title: Dependent children: psychotropic medications.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB82 Detail]
Download: California-2009-AB82-Enrolled.html
BILL NUMBER: AB 82 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 9, 2009
PASSED THE ASSEMBLY SEPTEMBER 10, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN SENATE AUGUST 17, 2009
AMENDED IN SENATE JUNE 25, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Evans
(Coauthors: Assembly Members Brownley, Fuentes, Huffman, Jones,
and Niello)
(Coauthor: Senator Alquist)
DECEMBER 23, 2008
An act to add and repeal Sections 369.6 and 739.6 of the Welfare
and Institutions Code, relating to dependent children.
LEGISLATIVE COUNSEL'S DIGEST
AB 82, Evans. Dependent children: psychotropic medications.
Existing law authorizes only a juvenile court judicial officer to
make orders regarding the administration of psychotropic medications
for a dependent child or a ward who has been removed from the
physical custody of his or her parent. Existing law requires court
authorization except in an emergency situation, as specified, for the
administration of psychotropic medication to be based on a request
from a physician, indicating the reasons for the request, a
description of the child's or ward's diagnosis and behavior, the
expected results of the medication, and a description of any side
effects of the medication. Existing law requires the officer to
approve or deny the request for authorization to administer
psychotropic medication, or set the matter for hearing, as specified,
within 7 court days.
This bill would, in a pilot project operative only until January
1, 2013, in 3 counties that are selected by the State Department of
Social Services in consultation with the Judicial Council and 2 other
specified entities, expand the authority of a juvenile court
judicial officer to make orders regarding the administration of
psychotropic medications to include a dependent child or ward who has
been removed from the physical custody of his or her parent or
guardian, or a child who has been removed from the physical custody
of a parent or guardian pending adjudication as a dependent child.
The pilot project would require the physician submitting the request
for psychotropic medication to have conducted an examination of the
child or ward. The pilot project would require the request to
indicate additional information, including the child's medical
history and a description of any clinically indicated therapy
recommended for the child to participate in during the 6-month period
until the next court review of the psychotropic medication. The
pilot project would require the juvenile court judicial officer,
before authorizing the administration of psychotropic medication, to
make certain findings, including that the child's or ward's caregiver
has been informed, and the child or ward has been informed in an age
and developmentally appropriate manner, about the recommended
medications, the anticipated benefits, the nature, degree, duration,
and probability of side effects and significant risks, and any other
recommended treatments, that the child or ward has been informed of
the right to request a hearing, and that a plan is in place for
regular monitoring of the medication, as specified.
The pilot project would require a dependent child or ward to be
present in court for any hearing on the request for authorization to
administer psychotropic medication, except as specified. The pilot
project would authorize the court to inquire about specified
information in any proceeding in the juvenile court following court
authorization for the administration of psychotropic medication to a
child or ward.
The bill would require the State Department of Social Services,
after consultation with the State Department of Mental Health, to
report to the Legislature regarding the pilot project before July 1,
2013, as specified.
The bill would require the Judicial Council to adopt rules and
forms to implement these provisions on or before July 1, 2010.
These provisions would remain in effect until January 1, 2014.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 369.6 is added to the Welfare and Institutions
Code, to read:
369.6. (a) Notwithstanding Section 369.5, this section
establishes a pilot project operative only until January 1, 2013, in
three counties. The department shall, in consultation with the County
Welfare Directors Association, the Judicial Council, and the
California Mental Health Directors Association, select the three
counties to participate in the pilot project from among those
counties expressing an interest in participating.
(b) If a child is adjudged a dependent child of the court under
Section 300 and the child has been removed from the physical custody
of the parent or guardian under Section 361, or if the child has been
removed from the physical custody of a parent or guardian pending
adjudication pursuant to Section 319, only a juvenile court judicial
officer shall have authority to make orders regarding the
administration of psychotropic medications for that child. The
juvenile court may issue a specific order delegating this authority
to a parent or guardian upon making findings on the record that the
parent or guardian poses no danger to the child and has the capacity
to authorize psychotropic medications. Court authorization for the
administration of psychotropic medication shall be based on a request
from a physician indicating the reasons for the request, a
description of the child's diagnosis and behavior, the child's
medical history, the expected results of the medication, the nature,
degree, duration, and probability of side effects and significant
risks commonly known by the medical profession and a description of
any clinically indicated therapy recommended for the child to
participate in during the six-month period until the next court
review of psychotropic medication.
(c) The physician submitting the request for psychotropic
medication shall have conducted an examination of the child in
compliance with Section 2242 of the Business and Professions Code.
(d) Before authorizing the administration of psychotropic
medication, the juvenile court judicial officer shall make the
following findings:
(1) The child's caregiver has been informed, and the child has
been informed in an age and developmentally appropriate manner, about
the recommended medications, the anticipated benefits, the nature,
degree, duration, and probability of side effects and significant
risks commonly known by the medical profession, and any other
recommended treatments, and that the child has been informed of the
right to request a hearing pursuant to subdivision (h).
(2) A plan is in place for regular monitoring of the child's
medication plan, the effectiveness of the medication, and any
potential side effects, by the physician in consultation with the
child's caregiver, mental health care provider, and others who have
contact with the child, as appropriate.
(e) If a hearing is conducted pursuant to subdivision (h), the
child shall be present in court for the hearing unless the child
waives the right to attend after consulting with counsel or the court
finds that there is good cause for the child's absence from the
proceedings.
(f) In any proceeding in the juvenile court following court
authorization for the administration of psychotropic medication to a
child, the court may inquire about all of the following:
(1) As reported by the child's physician or other health care
professional, the effectiveness of the medication and any side
effects experienced by the child, the child's progress toward meeting
the goals outlined in the child's treatment plan and in any
concurrent therapy or other mental health treatment, and, if
applicable, any steps recommended to increase the effectiveness of
the medication, to reduce side effects, or to obviate the need for
continued administration of the medication.
(2) Any behavior changes and possible side effects that have been
observed by individuals who have regular contact with the child.
(3) Any statements or concerns expressed by the child regarding
the medication.
(g) (1) In counties in which the county child welfare agency
completes the request for authorization for the administration of
psychotropic medication, the agency is encouraged to complete the
request within three business days of receipt from the physician of
the information necessary to fully complete the request.
(2) Nothing in this subdivision is intended to change current
local practice or local court rules with respect to the preparation
and submission of requests for authorization for the administration
of psychotropic medication.
(h) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the child, or shall,
upon a request by the parent, the legal guardian, or the child's
attorney, or upon its own motion, set the matter for hearing.
(i) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses. These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
(j) Consistent with subdivision (d) of Section 369, psychotropic
medications may be administered without court authorization in an
emergency situation. In that situation, court authorization shall be
sought as soon as possible thereafter consistent with the provisions
of this section and related rules of the court developed pursuant to
subdivision (d) of Section 369.
(k) Nothing in this section is intended to supersede local court
rules regarding a child's right to participate in mental health
decisions.
(l) The Judicial Council shall adopt rules and forms to implement
the provisions of this section on or before July 1, 2010.
(m) The department, after consultation with the State Department
of Mental Health, shall report to the Legislature regarding the
findings of the pilot project established pursuant to this section
before July 1, 2013. The report shall include demographic data on
foster youth and probation youth on psychotropic medications and data
on mental health outcome measures for these youth. The report shall
include input from stakeholders about reportable outcomes. Each pilot
county and the courts in the county may develop outcome measures
based on the available data and data that is feasible to measure
given the information system used by that county and its courts. The
data shall be collected to the extent possible using existing
resources or private funding sources.
(n) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 2. Section 739.6 is added to the Welfare and Institutions
Code, to read:
739.6. (a) Notwithstanding Section 739.5, this section
establishes a pilot project operative only until January 1, 2013, in
three counties. The department shall, in consultation with the County
Welfare Directors Association, the Judicial Council, and the
California Mental Health Directors Association, select the three
counties to participate in the pilot project from among those
counties expressing an interest in participating.
(b) If a minor who has been adjudged a ward of the court under
Section 601 or 602 is removed from the physical custody of the parent
or guardian under Section 726 and placed into foster care, as
defined in Section 727.4, only a juvenile court judicial officer
shall have authority to make orders regarding the administration of
psychotropic medications for that minor. The juvenile court may issue
a specific order delegating this authority to a parent or guardian
upon making findings on the record that the parent or guardian poses
no danger to the minor and has the capacity to authorize psychotropic
medications. Court authorization for the administration of
psychotropic medication shall be based on a request from a physician,
indicating the reasons for the request, a description of the minor's
diagnosis and behavior, the minor's medical history, the expected
results of the medication, the nature, degree, duration, and
probability of side effects and significant risks commonly known by
the medical profession, and a description of any clinically indicated
therapy recommended for the minor to participate in during the
six-month period until the next court review of psychotropic
medication.
(c) The physician submitting the request for psychotropic
medication shall have conducted an examination of the minor in
compliance with Section 2242 of the Business and Professions Code.
(d) Before authorizing the administration of psychotropic
medication, the juvenile court judicial officer shall make the
following findings:
(1) The minor's caregiver has been informed, and the minor has
been informed in an age and developmentally appropriate manner, about
the recommended medications, the anticipated benefits, the nature,
degree, duration, and probability of side effects and significant
risks commonly known by the medical profession, and any other
recommended treatments, and that the minor has been informed of the
right to request a hearing pursuant to subdivision (h).
(2) A plan is in place for regular monitoring of the minor's
medication plan, the effectiveness of the medication, and any
potential side effects, by the physician or in consultation with the
minor's caregiver, mental health care providers, and others who have
contact with the minor, as appropriate.
(e) If a hearing is conducted pursuant to subdivision (h), the
minor shall be present in a court for the hearing unless the minor
waives the right to attend after consulting with counsel or the court
finds that there is good cause for the minor's absence from the
proceedings.
(f) In any proceeding in the juvenile court following court
authorization for the administration of psychotropic medication to a
minor, the court may inquire about all of the following:
(1) As reported by the minor's physician, the effectiveness of the
medication and any side effects experienced by the minor, the minor'
s progress toward meeting the goals outlined in the minor's treatment
plan and in any concurrent therapy or other mental health treatment,
and, if applicable, any steps recommended to increase the
effectiveness of the medication, to reduce side effects, or to
obviate the need for continued administration of the medication.
(2) Any behavior changes and possible side effects that have been
observed by individuals who have regular contact with the minor.
(3) Any statements or concerns expressed by the minor regarding
the medication.
(g) (1) The agency that completes the request for authorization
for the administration of psychotropic medication is encouraged to
complete the request within three business days of receipt from the
physician of the information necessary to fully complete the request.
(2) Nothing in this subdivision is intended to change current
local practice or local court rules with respect to the preparation
and submission of requests for authorization for the administration
of psychotropic medication.
(h) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the minor, or shall,
upon a request by the parent, the legal guardian, or the minor's
attorney, or upon its own motion, set the matter for hearing.
(i) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses. These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
(j) Consistent with subdivision (d) of Section 739, psychotropic
medications may be administered without court authorization in an
emergency situation. In that situation, court authorization shall be
sought as soon as possible thereafter consistent with the provisions
of this section and related rules of the court developed pursuant to
subdivision (d) of Section 739.
(k) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.
(l) The Judicial Council shall adopt rules and forms to implement
the provisions of this section on or before July 1, 2010.
(m) The department shall, after consultation with the State
Department of Mental Health, report to the Legislature regarding the
findings of the pilot project established pursuant to this section
before July 1, 2013. The report shall include demographic data on
foster youth and probation youth on psychotropic medications and data
on mental health outcome measures for these youth. The report shall
include input from stakeholders about reportable outcomes. Each pilot
county and the courts in the county may develop outcome measures
based on the available data and data that is feasible to measure
given the information system used by that county and its courts. The
data shall be collected to the extent possible using existing
resources or private funding sources.
(n) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
