BILL NUMBER: AB 2502	CHAPTERED  08/30/04

	CHAPTER  329
	FILED WITH SECRETARY OF STATE  AUGUST 30, 2004
	APPROVED BY GOVERNOR  AUGUST 27, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  JULY 1, 2004
	AMENDED IN SENATE  JUNE 28, 2004
	AMENDED IN SENATE  JUNE 21, 2004
	AMENDED IN ASSEMBLY  MAY 11, 2004

INTRODUCED BY   Assembly Member Keene

                        FEBRUARY 19, 2004

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2502, Keene.  Dependent children:  psychotropic medications.
   Existing law authorizes 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.
   This bill would require that officer to approve or deny, in
writing, a request for authorization to administer psychotropic
medication, or set the matter for hearing, as specified, within 7
court days.


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) (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) 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) 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) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.