BILL NUMBER: AB 1514	CHAPTERED  07/20/07

	CHAPTER  120
	FILED WITH SECRETARY OF STATE  JULY 20, 2007
	APPROVED BY GOVERNOR  JULY 20, 2007
	PASSED THE SENATE  JUNE 28, 2007
	PASSED THE ASSEMBLY  JULY 9, 2007
	AMENDED IN SENATE  JUNE 20, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Member Maze

                        FEBRUARY 23, 2007

   An act to add Section 739.5 to the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1514, Maze. Juveniles: psychotropic medication.
   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.
   This bill, likewise, would provide, with respect to a ward of the
court who has been placed in foster care, that only a juvenile court
judicial officer is authorized to make orders regarding the
administration of psychotropic medications.


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

  SECTION 1.  Section 739.5 is added to the Welfare and Institutions
Code, to read:
   739.5.  (a) 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 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 upon making findings on
the record that the parent 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 expected
results of the medication, and a description of any side effects of
the medication. On or before July 1, 2008, the Judicial Council shall
adopt rules of court and develop appropriate forms for
implementation of this section.
   (b) (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.
   (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 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.
   (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.