BILL NUMBER: SB 913	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2011

INTRODUCED BY   Senator Pavley

                        FEBRUARY 18, 2011

   An act to amend Section 739 of the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 913, as amended, Pavley. Juvenile offenders: medical care.
   Under existing law, when a minor is taken into temporary custody
and is in need of medical, surgical, dental, or other remedial care,
the probation officer may authorize the performance of  the
medical, surgical, dental, or other remedial   that
 care, as specified. Existing law requires the probation officer
to notify the minor's parent or guardian prior to the provision of
the medical care.
   This bill would additionally permit a probation officer to
authorize a medical exam that complies with the regulations
promulgated by the Corrections Standards Authority, without regard to
the minor's need for medical care. The bill would also provide that
the officer may, if he or she first makes an unspecified effort,
authorize the performance of reasonable medical or dental care if the
minor is in need of the care and upon the recommendation of the
attending physician or dentist.  The bill would additionally
authorize any followup treatment recommended by the physician as a
result of the medical exam, if the minor remains in the temporary
custody of the probation officer.  This bill would also require
the probation officer to make reasonable efforts to notify and obtain
the consent of the minor's parent or guardian prior to the provision
of the medical or dental care.
   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 739 of the Welfare and Institutions Code is
amended to read:
   739.  (a) Whenever any person is taken into temporary custody
under Article 15 (commencing with Section 625), the probation officer
may authorize a medical exam that complies with the regulations
promulgated by the Corrections Standards Authority. If the person is
in need of medical, surgical, dental, or other remedial care,
provided the probation officer first makes a reasonable effort, the
probation officer may, upon the recommendation of the attending
physician and surgeon or, if the person needs dental care and there
is an attending dentist, the attending dentist, authorize the
performance of that medical, surgical, dental, or other remedial
care.  The probation officer   may also authorize any
followup treatment recommended by the physician as a result of the
medical exam, if the minor remains in the temporary custody of the
probation officer.  The probation officer shall make reasonable
efforts to notify and obtain the consent of the parent, guardian, or
person standing in loco parentis of the person, if any, of the care
found to be needed before the care is provided, and if the parent,
guardian, or person standing in loco parentis objects, the care shall
be given only upon order of the court in the exercise of its
discretion.
   (b) Whenever it appears to the juvenile court that any person
concerning whom a petition has been filed with the court is in need
of medical, surgical, dental, or other remedial care, and that there
is no parent, guardian, or person standing in loco parentis capable
of authorizing or willing to authorize the remedial care or treatment
for that person, the court, upon the written recommendation of a
licensed physician and surgeon or, if the person needs dental care, a
licensed dentist, and after due notice to the parent, guardian, or
person standing in loco parentis, if any, may make an order
authorizing the performance of the necessary medical, surgical,
dental, or other remedial care for that person.
   (c) Whenever a person is placed by order of the juvenile court
within the care and custody or under the supervision of the probation
officer of the county in which the person resides and it appears to
the court that there is no parent, guardian, or person standing in
loco parentis capable of authorizing or willing to authorize medical,
surgical, dental, or other remedial care or treatment for the
person, the court may, after due notice to the parent, guardian, or
person standing in loco parentis, if any, order that the probation
officer may authorize the medical, surgical, dental, or other
remedial care for the person by licensed practitioners, as may from
time to time appear necessary.
   (d) Whenever it appears that a minor otherwise within subdivision
(a), (b), or (c) requires immediate emergency medical, surgical, or
other remedial care in an emergency situation, that care may be
provided by a licensed physician and surgeon or, if the minor needs
dental care in an emergency situation, by a licensed dentist, without
a court order and upon authorization of a probation officer. If the
minor needs foot or ankle care within the scope of practice of
podiatric medicine, as defined in Section 2472 of the Business and
Professions Code, a probation officer may authorize the care to be
provided by a podiatrist after obtaining the advice and concurrence
of a physician and surgeon. The probation officer shall make
reasonable efforts to obtain the consent of, or to notify, the
parent, guardian, or person standing in loco parentis prior to
authorizing emergency medical, surgical, dental, or other remedial
care. "Emergency situation," for the purposes of this subdivision
means a minor requires immediate treatment for the alleviation of
severe pain or an immediate diagnosis and treatment of an
unforeseeable medical, surgical, dental, or other remedial condition
or contagious disease which if not immediately diagnosed and treated,
would lead to serious disability or death.
   (e) In any case in which the court orders the performance of any
medical, surgical, dental, or other remedial care pursuant to this
section, the court may also make an order authorizing the release of
information concerning that care to probation officers, parole
officers, or any other qualified individuals or agencies caring for
or acting in the interest and welfare of the minor under order,
commitment, or approval of the court.
   (f) Nothing in this section shall be construed as limiting the
right of a parent, guardian, or person standing in loco parentis, who
has not been deprived of the custody or control of the minor by
order of the court, in providing any medical, surgical, dental, or
other remedial treatment recognized or permitted under the laws of
this state.
   (g) The parent of any person described in this section may
authorize the performance of medical, surgical, dental, or other
remedial care provided for in this section notwithstanding his or her
age or marital status. In nonemergency situations the parent
authorizing the care shall notify the other parent prior to the
administration of the care. 
   (h) Nothing in this section shall be construed to interfere with a
minor's right to make medical decisions pursuant to existing law.