Amended in Senate May 13, 2014

Amended in Senate April 10, 2014

Amended in Senate March 20, 2014

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 amended, 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 begin insert , in the absence of a standing court order, end insert a social worker to authorize a noninvasive initial medical, dental, and mental health screening of a child in temporary begin delete custody, without parental consent or a court order end delete begin insert custody. The bill would require the social worker to make reasonable attempts to notify the parent that the child will be undergoing a screening and to provide the parent with a reasonable opportunity to object. The bill would provide that if the parent objects, the screening may be conducted only upon the order of the court end insert . The bill would also add mental health care, as defined, 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 completion of an initial health screening will improve
the health of children entering foster care.

SEC. 2.  

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

369.  

(a)  begin delete Whenever end delete begin insert (1) end insert begin insert   end insert begin insert In the absence of a standing court
order, whenever end insert a child is taken into temporary custody under
Article 7 (commencing with Section 305), the social worker may
authorize a noninvasive 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:

begin delete

(1)

end delete

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

begin delete

(2)

end delete

begin insert (B) end insert  To determine whether the child poses a health risk to other
persons.

begin delete

(3)

end delete

begin insert (C) end insert  To determine an appropriate placement to meet the child’s
medical and mental health care needs identified in the initial health
screening.

begin insert

(2) The social worker shall make reasonable attempts to notify
the parent that the child will be undergoing a noninvasive initial
medical, dental, and mental health screening, and shall provide
the parent with a reasonable opportunity to object to this screening.
If the parent objects, the screening may be conducted only upon
the order of the court.

end insert begin insert

(3) For the purposes of this subdivision, a noninvasive initial
medical, dental, or mental health screening shall be limited to a
review of available health and developmental history, a standard
review of systems, a measurement of the child’s height, weight,
and head circumference with percentiles, a taking of vital signs,
and a physical examination by a physician or pediatric nurse
practitioner to identify signs of acute and chronic illness. Physical
examinations of children over three years of age shall not require
the removal of the child’s undergarments, and the child shall be
provided with a dressing gown if the physical examination
reasonably requires the removal of the child’s outer clothing.

end insert

(b) Whenever a child is taken into temporary custody under
Article 7 (commencing with Section 305) and is in need of medical,
surgical, mental health, dental, or other remedial care, the social
worker may, upon the recommendation of the attending physician
and surgeon or mental health provider, or, if the child needs dental
care and there is an attending dentist, the attending dentist,
authorize the performance of the medical, surgical, mental health,
dental, or other remedial care. The social worker shall notify the
parent, guardian, or person standing in loco parentis of the child,
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.

(c) Whenever it appears to the juvenile court that a child
concerning whom a petition has been filed with the court is in need
of medical, surgical, mental health, 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 child, the court, upon the written
recommendation of a licensed physician and surgeon or mental
health provider, or, if the child 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, mental health,
dental, or other remedial care for that child.

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

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

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

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

(h) The parent of a child described in this section may authorize
the performance of medical, surgical, mental health, 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.

(i) 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.

(j) Nothing in this section shall be construed to affect the
application of Division 105 (commencing with Section 120100)
of the Health and Safety Code with regard to communicable disease
prevention and control.

(k) This section does not authorize a child to receive
psychotropic medication without the consent of the child’s parent
or guardian, or the court pursuant to Section 369.5.

(l) Nothing in this section shall be construed to supersede
Section 319.1, 357, or 369.5, or Article 3 (commencing with
Section 6550) of Chapter 2 of Part 2 of Division 6, with regard to
the authorization for mental health services.

(m) Nothing in this section shall be construed to limit or expand
the laws governing the confidentiality of medical records, the
physician-patient privilege, or the psychotherapist-patient privilege.

(n) For purposes of this section, the following terms shall have
the following meanings:

(1) “Mental health care” means the provision of mental health
services, including assessment, treatment, or counseling, on an
outpatient basis.

(2) “Mental health provider” has the same meaning as that term
is defined in subdivision (a) of Section 865 of the Business and
Professions Code.