Bill Text: CA SB253 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Juveniles: psychotropic medication.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB253 Detail]

Download: California-2015-SB253-Introduced.html

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BILL NUMBER: SB 253	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Monning
   (Principal coauthor: Assembly Member Chiu)

                        FEBRUARY 18, 2015

   An act to amend Section 369.5 of the Welfare and Institutions
Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 253, as introduced, Monning. Dependent children: psychotropic
medication.
   Existing law establishes the jurisdiction of the juvenile court,
which may adjudge children to be dependents of the court under
certain circumstances, including when the child suffered or there is
a substantial risk that the child will suffer serious physical harm,
or a parent fails to provide the child with adequate food, clothing,
shelter, or medical treatment. Existing law authorizes only a
juvenile court judicial officer to make orders regarding the
administration of psychotropic medications for a dependent child who
has been removed from the physical custody of his or her parent.
Existing law requires the court authorization 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
diagnosis and behavior, the expected results of the medication, and
a description of any side effects of the medication.
   This bill would require an order authorizing administration of
psychotropic medications to only be granted on clear and convincing
evidence of specified matters, and would prohibit the court from
authorizing the administration of psychotropic medications for a
child unless a 2nd independent medical opinion is obtained from a
child psychiatrist or a psychopharmacologist if one or more specified
circumstances exist, including if the request is for any class of
psychotropic medication for a child who is 5 years of age or younger.
The bill would prohibit the court from authorizing the
administration of a psychotropic medication unless the court is
provided documentation that appropriate screenings and tests for the
child have been completed no more than 30 days prior to submission of
the request to the court.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 369.5 of the Welfare and Institutions Code is
amended to read:
   369.5.  (a) 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 under Section 361, 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 upon making findings on the record that the parent 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 expected results of the medication, and
a description of any side effects of the medication. On or before
July 1, 2000, the Judicial Council shall adopt rules of court and
develop appropriate forms for implementation of this section. 
   (b) An order authorizing the administration of psychotropic
medications pursuant to this section shall only be granted on clear
and convincing evidence of all of the following:  
   (1) The medication is not being used as a chemical restraint.
 
   (2) If the child is 12 years of age or older, the child, after
being advised of alternative treatments and informed of the benefits
and risks of the medication, has given his or her informed consent.
 
   (3) The prescribing physician submitting the request for
psychotropic medication conducted a comprehensive examination of the
child in compliance with Section 2242 of the Business and Professions
Code that takes into account the child's trauma history.  
   (4) The prescribed dosage is appropriate for the child's age.
 
   (5) The short- and long-term risks associated with the use of
psychotropic medications by the child does not outweigh the reported
benefits to the child.  
   (6) There are no less invasive treatment options available other
than the administration of psychotropic medications.  
   (c) A court shall not issue an order authorizing the
administration of psychotropic medications for a child unless a
second independent medical opinion is obtained from a child
psychiatrist or a psychopharmacologist if one or more of the
following circumstances exist:  
   (1) The request is for any class of psychotropic medication for a
child who is five years of age or younger.  
   (2) The request would result in the child being administered
multiple psychotropic medications concurrently.  
   (3) The request is for the concurrent administration of any two
drugs from the same class unless the request is for medication
tapering and replacement that is limited to no more than 30 days.
 
   (4) The request is for a dosage that exceeds the amount
recommended for children.  
   (d) The court shall not authorize the administration of the
psychotropic medication unless the court is provided documentation
all the appropriate lab screenings, measurements, or tests for the
child have been completed in accordance with the accepted medical
guidelines no more than 30 days prior to submission of the request to
the court.  
   (b) 
    (   e)  (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. 
   (c) 
    (   f)  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. 
   (d) 
    (   g)  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. 
   (e) 
    (   h)  Nothing in this section is intended to
supersede local court rules regarding a minor's right to participate
in mental health decisions. 
   (f) 
    (   i) This section shall not apply to nonminor
dependents, as defined in subdivision (v) of Section 11400.