BILL NUMBER: SB 913	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 27, 2011
	AMENDED IN SENATE  APRIL 14, 2011
	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 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,   permit the probation officer to 
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  , as specified  . The bill
would  additionally authorize any followup treatment
recommended by the physician as a result of the medical exam, if the
minor remains   permit the probation officer to
authorize additional treatment necessary for the health of the minor
and recommended by the physician 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, and the
probation officer has made a reasonable but unsuccessful effort to
notify the parent, guardian, or person standing in loco parentis of
the person, 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 also may authorize additional treatment
necessary for the health of the minor that is recommended by the
physician as a result of the medical examination, provided that 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. 
    739.   (a)  Upon referral to the probation officer
of a minor who has been taken into temporary custody under Section
625, the probation officer may authorize a medical examination that
complies with regulations adopted by the Corrections Standards
Authority. If the minor is retained in custody by the probation
officer, and prior to the court detention hearing required under
Section 632, the probation officer may authorize medical or dental
treatment or care based on the written recommendation of the
examining physician and considered necessary for the health of the
minor. No treatment or care under this subdivision may be authorized
by the probation officer unless the probation officer has made a
reasonable effort to notify and to obtain the consent of the parent,
guardian, or person standing in loco parentis for the minor, and, if
the parent, guardian, or person standing in loco parentis objects,
the treatment or care shall be given only upon order of the court in
the exercise of its discretion. The probation officer shall document
the efforts made to notify and obtain parental consent under this
subdivision and shall enter this information into the case file for
the minor. 
   (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)  (1)    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   care. 
    (2)     For purposes of this subdivision,
"emergency situation"  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   that,  if not immediately diagnosed and
treated, would lead to serious disability or death.  An emergency
situation also includes known   conditions or illnesses
that, during any period of secure detention of the minor by the
probation officer, require immediate laboratory testing, medication,
or treatment to prevent an imminent and severe or life-threatening
risk to the health of the minor. 
   (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.   a minor's right to authorize or refuse
medical, surgical, dental, or other   care when the minor's
consent for care is sufficient or specifically required pursuant to
existing law, or to interfere with a minor's right to refuse,
verbally or in writing, nonemergency medical and mental health care.