Senate Bill No. 909

Introduced by Senator Pavley

January 23, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

SB 909, as introduced, Pavley. Dependent children: health screenings.

Existing law provides that a child may become a dependent child of the juvenile court under certain circumstances, including in cases of abuse and neglect. Existing law authorizes a peace officer, without a warrant, to take a minor into temporary custody when there is reasonable cause to believe the minor comes within the jurisdiction of the juvenile court. Under existing law, a social worker is required to acquire the consent of a parent or permission from the court to authorize medical, surgical, dental, or other remedial care to a child who is in temporary custody. Existing law permits, under specified emergency conditions, a licensed physician to provide emergency medical, surgical, or other remedial care to a child in temporary custody without the consent of a parent or permission from the court.

This bill would additionally permit a social worker to authorize an initial medical, dental, and mental health screening of a child in temporary custody, without parental consent or a court order. The bill would also add mental health treatment to the medical and dental care that may be authorized for a child who is a dependent of the juvenile court, who is in temporary custody, or for whom a dependency petition has been filed.

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.  

The Legislature finds and declares all of the
following:

(a) The state has a compelling interest in ensuring the physical
and mental health of children in the child welfare system.

(b) Both the American Academy of Pediatrics and the Child
Welfare League of America have found children entering foster
care to be in poor health with chronic and acute health,
developmental, and psychiatric disorders.

(c) The American Academy of Pediatrics recommends that upon
entry into foster care every child receive an initial health screening
to identify any immediate medical, dental, or mental health care
needs.

(d) The completion of an initial health screening as
recommended by the American Academy of Pediatrics will
improve the health of children entering foster care.

SEC. 2.  

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

begin delete

369.  

(a)

end delete

begin insert

begin insert 369. end insert   

end insert begin insert

(a) Whenever a child is taken into temporary custody
under Article 7 (commencing with Section 305), the social worker
may authorize an initial medical, dental, and mental health
screening of the child, prior to the detention hearing held pursuant
to Section 319, for any of the following purposes:

end insert begin insert

(1) To determine whether the child has an urgent medical,
dental, or mental health need that requires immediate attention.

end insert begin insert

(2) To determine whether the child poses a health risk to other
persons.

end insert begin insert

(3) To determine an appropriate placement to meet the child’s
medical and mental health care needs.

end insert

begin insert (b) end insert  Whenever a begin delete person end delete begin insert child end insert is taken into temporary custody
under Article 7 (commencing with Section 305) and is in need of
medical, surgical, begin insert mental health, end insert dental, or other remedial care,
the social worker may, upon the recommendation of the attending
physician and surgeon or begin insert licensed mental health provider, or end insert , if
the person needs dental care and there is an attending dentist, the
attending dentist, authorize the performance of the medical,
surgical, begin insert mental health, end insert 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.

begin delete

(b)

end delete

begin insert (c) end insert  Whenever it appears to the juvenile court that a person
concerning whom a petition has been filed with the court is in need
of medical, surgical, begin insert mental health, end insert 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 begin insert licensed
mental health provider, or end insert , 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,
begin insert mental health, end insert dental, or other remedial care for that person.

begin delete

(c)

end delete

begin insert (d) end insert  Whenever 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 where 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, begin insert mental health, end insert 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, begin insert mental health, end insert dental, or other remedial care
for the dependent child, by licensed practitioners, as necessary.

begin delete

(d)

end delete

begin insert (e) end insert  Whenever it appears that a child otherwise within subdivision
(a), (b), begin delete or end delete (c) begin insert , or (d) end insert requires immediate emergency medical,
surgical, begin insert mental health, end insert or other remedial care in an emergency
situation, that care may be provided by a licensed physician and
surgeon or begin insert licensed mental health provider, or end insert , 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, begin insert mental health, end insert
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,
begin insert mental health, end insert dental, or other remedial condition or contagious
disease which if not immediately diagnosed and treated, would
lead to serious disability or death.

begin delete

(e)

end delete

begin insert (f) end insert  In any case in which the court orders the performance of any
medical, surgical, begin insert mental health, end insert 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.

begin delete

(f)

end delete

begin insert (g) end insert  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, begin insert mental
health, end insert dental, or other remedial treatment recognized or permitted
under the laws of this state.

begin delete

(g)

end delete

begin insert (h) end insert  The parent of a person described in this section may
authorize the performance of medical, surgical, begin insert mental health, end insert
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 that care.

begin delete

(h)

end delete

begin insert (i) end insert  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 12 years of age or older, his or her social
worker is authorized to inform the child of his or her right as a
minor to consent to and receive those health services, as necessary.
Social workers are authorized to provide dependent children access
to age-appropriate, medically accurate information about sexual
development, reproductive health, and prevention of unplanned
pregnancies and sexually transmitted infections.