Senate Bill No. 528

Introduced by Senator Yee

February 21, 2013

An act to amend Sections 369 and 16002.5 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 528, as introduced, Yee. Dependents: care and treatment: minor and nonminor dependent parents.

Under existing law, minors are authorized to consent to medical and other treatment under certain circumstances, including the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, treatment of infectious, contagious, and communicable diseases, mental health treatment, and treatment for alcohol and drug abuse.

Under existing law, a child may come within the jurisdiction of the juvenile court and become a dependent child of the court under certain circumstances, including in 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 and other care for the minor, as prescribed. Under existing law, a social worker may, without court order, authorize medical and other care for a minor in emergency situations, as specified.

This bill would specify that nothing in those provisions shall be construed to limit the rights of dependent children to consent to specified types of medical and other care, including the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, treatment of infectious, contagious, and communicable diseases, mental health treatment, and treatment for alcohol and drug abuse. This bill would require a dependent child’s social worker, if the child is 10 years of age or older, to ensure that the child is informed of his or her right as a minor to consent to and receive those health services, and provided with prescribed information regarding, among other things, reproductive health care.

Existing law declares the intent of the Legislature to maintain the continuity of the family unit and to support and preserve families headed by minor parents and nonminor dependent parents, as defined, and provides that, to the greatest extent possible, minor parents and their children living in foster care shall be provided with access to services that target supporting, maintaining, and developing the parent-child bond and the minor parent’s ability to provide a permanent and safe home for the child. Under existing law, minor parents are required to be given the ability to attend school, complete homework, and participate in age and developmentally appropriate activities separate from parenting.

This bill would declare the intent of the Legislature to ensure that complete and accurate data on pregnant and parenting minor and nonminor dependents and their children is collected, and would require child welfare agencies to ensure that minor parents and nonminor dependent parents have access to social workers or resource specialists who have received specified training, and that case plans are developed and updated through a prescribed team decisionmaking process. This bill would require child welfare agencies, local educational agencies, and child care resource and referral agencies to make reasonable and coordinated efforts to ensure that minor parents and nonminor dependent parents who have not completed high school have access to school programs that provide onsite or coordinated child care, and that minor parents are given priority for subsidized child care.

By requiring social workers and county agencies to perform additional duties, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 369 of the Welfare and Institutions Code
is amended to read:

369.  

(a)  begin delete Whenever any end delete begin insert If a end insert begin insert end insert person is taken into temporary
custody under Article 7 (commencing with Section 305) and is in
need of medical, surgical, dental, or other remedial care, the social
worker 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 the medical, surgical, dental, or other remedial care. The social
worker shall notify the parent, guardian, or person standing in loco
parentis of the person, if any, of the care found to be needed before
that care is provided, and if the parent, guardian, or person standing
in loco parentis objects, that care shall be given only upon order
of the court in the exercise of its discretion.

(b)  begin delete Whenever end delete begin insert If end insert begin insert end insert it appears to the juvenile court that begin delete any end delete begin insert a end insert 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)  begin delete Whenever end delete begin insert If end insert begin insert end insert a dependent child of the juvenile court is placed
by order of the court within the care and custody or under the
supervision of a social worker of the county begin delete in which end delete begin insert where end insert the
dependent child 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 dependent child, the court
may, after due notice to the parent, guardian, or person standing
in loco parentis, if any, order that the social worker may authorize
the medical, surgical, dental, or other remedial care for the
dependent child, by licensed practitioners, as begin delete may from time to
time appear end delete necessary.

(d)  begin delete Whenever end delete begin insert If end insert it appears that a child 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 child needs dental care in an emergency situation, by a licensed
dentist, without a court order and upon authorization of a social
worker. The social worker 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 child 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)  begin delete In any case in which end delete begin insert If end insert 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 social workers,
parole officers, or any other qualified individuals or agencies caring
for or acting in the interest and welfare of the child 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 child
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 begin delete any end delete begin insert a end insert 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 begin delete situations end delete begin insert situations, end insert
the parent authorizing the care shall notify the other parent prior
to the administration of that care.

begin insert

(h) Nothing in this section shall be construed as limiting the
rights of dependent children, pursuant to Chapter 3 (commencing
with Section 6920) of Part 4 of Division 11 of the Family Code,
to consent to, among other things, the diagnosis and treatment of
sexual assault, medical care relating to the prevention or treatment
of pregnancy, including contraception, abortion, and prenatal
care, treatment of infectious, contagious, or communicable
diseases, mental health treatment, and treatment for alcohol and
drug abuse. If a dependent child is 10 years of age or older, his
or her social worker shall ensure the child is informed of his or
her right as a minor to consent to and receive those health services,
as necessary, and provided with age-appropriate information
about reproductive health care and the prevention of unplanned
pregnancies and sexually transmitted diseases.

end insert

SEC. 2.  

Section 16002.5 of the Welfare and Institutions Code
is amended to read:

16002.5.  

It is the intent of the Legislature to maintain the
continuity of the family unit and to support and preserve families
headed by minor parents and nonminor dependent parents who
are themselves under the jurisdiction of the juvenile court by
ensuring that minor parents and their children are placed together
in as family-like a setting as possible, unless it has been determined
that placement together poses a risk to the child. begin insert It is also the intent
of the Legislature to ensure that complete and accurate data on
pregnant and parenting minor end insert begin insert and nonminor dependents and their
children is collected, and that the State Department of Social
Services ensures that the Child Welfare Services/Case Management
System is effectively utilized to obtain this data. end insert

(a) To the greatest extent possible, begin delete dependent end delete minor parents and
their children living in foster care shall be provided with access
to existing services for which they may be eligible, that are
specifically targeted at supporting, maintaining, and developing
both the parent-child bond and the minor parent’s ability to provide
a permanent and safe home for the child. Examples of these
services may include, but begin delete shall not be end delete begin insert are not end insert limited to, child care,
parenting classes, child development classes, and frequent
visitation.

begin insert

(b) Child welfare agencies shall ensure that minor parents and
nonminor dependent parents have access to social workers or
resource specialists who have received training on the needs of
teenage parents and available resources, including, but not limited
to, maternal and child health programs, child care, and child
development classes, and that case plans for minor and nonminor
dependent parents are developed and updated through a team
decisionmaking process that includes the teenage parent, family
members, and other supportive adults, and the specially trained
social worker or resource specialist.

end insert begin delete

(b)

end delete

begin insert ( end insert begin insert c) end insert  The minor parent shall be given the ability to attend school,
complete homework, and participate in age and developmentally
appropriate activities unrelated to and separate from parenting.

begin insert

(d) Child welfare agencies, local educational agencies, and
child care resource and referral agencies shall make reasonable
and coordinated efforts to ensure that minor parents and nonminor
dependent parents who have not completed high school have access
to school programs that provide onsite or coordinated child care,
and that minor dependent parents are given priority for subsidized
child care.

end insert begin delete

(c)

end delete

begin insert ( end insert begin insert e) end insert  Foster care placements for minor parents and their children
shall demonstrate a willingness and ability to provide support and
assistance to dependent minor parents and their children.

begin delete

(d)

end delete

begin insert ( end insert begin insert f) end insert  Contact between the child, the custodial parent, and the
noncustodial parent shall be facilitated begin delete when end delete begin insert if end insert that contact is found
to be in the best interest of the child.

begin delete

(e)

end delete

begin insert ( end insert begin insert g) end insert  For the purpose of this section, “child” refers to the child
born to the minor parent.

begin delete

(f)

end delete

begin insert ( end insert begin insert h) end insert  For the purpose of this section, “minor parent” refers to a
dependent child who is also a parent.

begin delete

(g)

end delete

begin insert (i) end insert  For the purpose of this section, “nonminor dependent parent”
refers to a nonminor as described in subdivision (v) of Section
11400 who also is a parent.

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.