BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 913|
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UNFINISHED BUSINESS
Bill No: SB 913
Author: Pavley (D)
Amended: 6/27/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/5/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE FLOOR : 40-0, 5/9/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Runner, Simitian, Steinberg, Strickland, Vargas, Walters,
Wolk, Wright, Wyland, Yee
ASSEMBLY FLOOR : 76-0, 7/14/11 (Consent) - See last page
for vote
SUBJECT : Juvenile offenders: medical care
SOURCE : Los Angeles County Board of Supervisors
DIGEST : This bill provides that probation officers with
the statutory authority to order a medical exam for an
arrested minor, as specified; and order medical, surgical,
dental or other remedial care recommended by an attending
health care professional for an arrested minor where the
CONTINUED
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officer has made reasonable efforts to notify and obtain
the consent of a parent or guardian, and the parent or
guardian does not object, as specified.
Assembly Amendments : (1) recast provision relative to the
authority of a probation officer to authorize specified
medical exams, but with the same intent as when it left the
Senate, (2) clarify and expand the definition of "emergency
situations," and (3) clarify the minor's rights relative to
authorizing or refusing treatment.
ANALYSIS : Current law generally authorizes a peace
officer to take a minor into temporary custody without a
warrant where the officer has reasonable cause to believe
the minor is delinquent, a ward of the court, or in need of
medical care, as specified. (Welfare and Institutions Code
ÝWIC] Section 625)
Current law generally provides statutory authority for how
minors who have been taken into temporary custody can
receive medical, surgical, dental or other remedial care.
(WIC Section 739)
Current law specifically provides that the "probation
officer shall notify 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." If there is no
parent or other person capable or willing to authorize
treatment, current law authorizes the court to make an
order for the performance of the necessary care, as
specified.
This bill provides statutory authority for the probation
officer to authorize a medical exam that complies with the
regulations promulgated by the Corrections Standards
Authority. Specifically this bill provides that upon
referral to the probation officer of a minor who has been
taken into temporary custody under Section 625 of the WIC,
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
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by the probation officer, and prior to the court detention
hearing required under Section 632 of the WIC, 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.
This bill authorizes probation officers to authorize any
follow-up 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 further provides that if the person is in need of
medical care, 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 would be authorized to order the care if
the officer makes "reasonable efforts to notify and obtain
the consent" of a parent or guardian, as specified. This
bill retains existing law which provides that if the parent
or guardian, as specified, objects, the care shall be given
only upon order of the court.
This bill provides that for purposes of this bill
"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 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
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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.
This bill provides that nothing this bill is amending shall
be construed to interfere with 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/28/11)
Los Angeles County Board of Supervisors (source)
California Probation, Parole and Correctional Association
California State Association of Counties
Chief Probation Officers of California
Los Angeles County Probation Department
Sacramento County Board of Supervisors
ARGUMENTS IN SUPPORT : According to the author:
"State regulations require a routine physical
examination of all minors within 96-hours of being
taken into custody and detained in juvenile halls.
The routine physical examination includes, but is not
limited to, blood tests and other lab work,
immunizations, administration of medication, x-rays,
all of which requires the consent of a parent or legal
guardian. In most cases, the parent or legal guardian
cannot be found or does not respond to requests for
consent, which could leave the minor, as well as other
juvenile detainees, at risk for undetected medical
conditions. It is critical that statutory authority
be given to County Probation Officers to provide
consent for routine medical examinations if the parent
or legal guardian cannot be found or does not respond
to requests for consent. A minor's health could be
jeopardized without receiving prompt medical attention
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once detained, as well as the health of the other
detainees and the staff of the Probation Department.
"State law mandates that consent from a parent or
legal guardian be obtained in order to perform or
administer blood tests and other lab work,
immunizations, medications, and x-rays on a minor.
There are many cases when a minor's medical care is
delayed because medical consent cannot be obtained
from a parent or legal guardian. Delay in treatment
may ultimately land the child in the emergency room,
thus aggravating overcrowded ERs and exacerbating
costs."
ASSEMBLY FLOOR : 76-0, 7/14/11 (Consent)
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Monning,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Beth Gaines, Garrick, Gorell, Mitchell
RJG:nl 7/20/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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