AB 506, as introduced, Mitchell. HIV testing: infants.
Existing law provides that a child may come within the jurisdiction of the juvenile court and become a dependent child of the court in, among others, cases of abuse and neglect. Under existing law, when a minor has been, or has a petition filed with the court to be, adjudged a dependent child of the court, the court may authorize, or order that a social worker may authorize, medical care for the minor, as prescribed. Under existing law, a social worker may, without court order, authorize medical care for a minor in emergency situations, as specified.
Existing law authorizes a peace officer or social worker to take into temporary custody a minor when there is reasonable cause for believing that the minor is in immediate need of medical care or is in immediate danger, as specified. Under existing law, when a minor is taken into temporary custody and is in need of medical care, the social worker may, upon recommendation of the attending physician and surgeon, authorize the performance of medical care, as specified. Under existing law, when allegations of child abuse come to the attention of the local law enforcement agency or local child welfare department and the child is taken into protective custody, the agency or department may cause the minor to undergo a physical examination under certain circumstances.
Existing law provides that a minor under 12 years of age is deemed not competent to give consent for an HIV test to be performed, and authorizes the minor’s parent, guardian, conservator, or other person lawfully authorized to make health care decisions on behalf of the minor to provide consent for the test. Under existing law, a court may also provide consent for the test to be performed on a minor who is adjudged to be a dependent child of the court.
This bill would authorize a social worker or the treating health care provider, as specified, to provide consent for an HIV test to be performed on an infant under one year of age when the infant has been taken into temporary custody or has been, or has a petition filed with the court to be, adjudged a dependent child of the court and the infant is undergoing a physical examination or receiving medical 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 121020 of the Health and Safety Code
2 is amended to read:
(a) (1) When the subject of an HIV test is not
4competent to give consent for the test to be performed, written
5consent for the test may be obtained from the subject’s parents,
6guardians, conservators, or other person lawfully authorized to
7make health care decisions for the subject. For purposes of this
8paragraph, a minor shall be deemed not competent to give consent
9if he or she is under 12 years of age.
10(2) Notwithstanding paragraph (1), when the subject of the test
11is a minor adjudged to be a dependent child of the court pursuant
12to Section 360 of the Welfare and Institutions Code, written consent
13for the test to be performed may be obtained from the court
14pursuant to its authority under Section 362
or 369 of the Welfare
15and Institutions Code.
16(3) Notwithstanding paragraphs (1) and (2), when the subject
17of the test is an infant under one year of age who has been taken
18into temporary custody pursuant to Article 7 (commencing with
19Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare
20and Institutions Code or who has been, or has a petition filed with
21the court to be, adjudged a dependent child of the court pursuant
22to Section 360 of the Welfare and Institutions Code, the social
P3 1worker may provide consent for an HIV test to be performed when
2the infant is undergoing a physical examination pursuant to Section
3324.5 of the Welfare and Institutions Code or is receiving medical
4care pursuant to Section 369 of the Welfare and Institutions Code,
5or the treating health care provider may provide consent if he or
6she determines there are factors indicating
that an HIV test should
7be performed.
8(b) Written consent shall only be obtained for the subject
9pursuant to subdivision (a) when necessary to render appropriate
10care or to practice preventative measures.
11(c) The person authorized to consent to the test pursuant to
12subdivision (a) shall be permitted to do any of the following:
13(1) Notwithstanding Sections 120975 and 120980, receive the
14results of the test on behalf of the subject without written
15authorization.
16(2) Disclose the test results on behalf of the subject in
17accordance with Sections 120975 and 120980.
18(3) Provide written authorization for the disclosure of the test
19results on behalf of the subject in
accordance with Sections 120975
20and 120980.
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