Amended in Senate March 24, 2015

Senate Bill No. 238

Introduced by Senators Mitchell and Beall

(Coauthor: Assembly Member Chiu)

February 17, 2015

An act begin insert to amend Sections 1522.41 and 1529.2 of the Health and Safety Code, and to amend Sections 304.7, 317, 369.5, 16003, and 16206 of, and to add Section 16501.4 to, the Welfare and Institutions Code, end insert relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

SB 238, as amended, Mitchell. Foster care: psychotropic medication.

Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child or a ward who has been removed from the physical custody of his or her parent. Existing law requires the court authorization for the administration of psychotropic medication to be based on a request from a physician, indicating the reasons for the request, a description of the child’s or ward’s diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Existing law requires the officer to approve or deny the request for authorization to administer psychotropic medication, or set the matter for hearing, as specified, within 7 court days. begin insert Existing law requires the Judicial Council to adopt rules of court and develop appropriate forms for the implementation of these provisions. end insert

begin delete

This bill would state the intent of the Legislature to enact legislation that would improve the ability of the child welfare system to track and oversee the use of psychotropic medications for children in foster care by requiring, among other things, the development of a system that triggers an alert to medical practitioners treating children in foster care when there could be potentially dangerous interactions between psychotropic medications and other prescribed medications, or when psychotropic medications have been prescribed, or prescribed in dosages, that are unusual for a child or a child of that age.

end delete begin insert

This bill would require the Judicial Council, on or before July 1, 2016, to, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, develop updates to the implementation of these provisions with regard to dependent children and related forms. The bill would require the updates to ensure, among other things, that the child and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed, and would require the updates to include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications. The bill would require the Judicial Council, on or before July 1, 2016, to adopt or amend rules of court and forms to implement the updates.

end insert begin insert

This bill would also require a county child welfare agency to provide, on a monthly basis, to the juvenile court, the child’s attorney, and the child’s court-appointed special advocate, if one has been appointed, specified information regarding a child receiving child welfare services, including, among other things, the psychotropic medications that have been authorized for the child. The bill would require the State Department of Social Services, in consultation with specified parties, to develop, or ensure access to, a system that automatically alerts a child’s social worker when psychotropic medication has been prescribed that fits certain descriptions, and would require the social worker to take specified actions upon receipt of an alert from that system. By imposing additional duties on social workers and county child welfare agencies, this bill would impose a state-mandated local program.

end insert begin insert

Existing law requires certain individuals involved in the care and oversight of dependent children, including group home administrators, foster parents, relative caregivers, nonrelative extended family member caregivers, social workers, judges, and attorneys, to receive training on various topics.

end insert begin insert

This bill would require the training to include training on the authorization for administration, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and other available mental health treatments, for those children. The bill would require the State Department of Social Services, in consultation with specified parties, to develop training that may be used for these purposes. By imposing additional training requirements on social workers, this bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1522.41 of the end insert begin insert Health and Safety Code end insert
begin insert is amended to read: end insert

1522.41.  

(a) The director, in consultation and collaboration
with county placement officials, group home provider
organizations, the Director of Health Care Services, and the
Director of Developmental Services, shall develop and establish
a certification program to ensure that administrators of group home
facilities have appropriate training to provide the care and services
for which a license or certificate is issued.

(b) (1) In addition to any other requirements or qualifications
required by the department, an administrator of a group home
facility shall successfully complete a department-approved
certification program, pursuant to subdivision (c), prior to
employment. An administrator employed in a group home on the
effective date of this section shall meet the requirements of
paragraph (2) of subdivision (c).

(2) In those cases begin delete where end delete begin insert when end insert the individual is both the licensee
and the administrator of a facility, the individual shall comply with
all of the licensee and administrator requirements of this section.

(3) Failure to comply with this section shall constitute cause for
revocation of the license of the facility.

(4) The licensee shall notify the department within 10 days of
any change in administrators.

(c) (1) The administrator certification programs shall require
a minimum of 40 hours of classroom instruction that provides
training on a uniform core of knowledge in each of the following
areas:

(A) Laws, regulations, and policies and procedural standards
that impact the operations of the type of facility for which the
applicant will be an administrator.

(B) Business operations.

(C) Management and supervision of staff.

(D) Psychosocial and educational needs of the facility begin delete residents. end delete
begin insert residents, including, but not limited to, the authorization for
administration, uses, risks, benefits, administration, oversight, and
monitoring of psychotropic medications, and trauma, mental
health, and other available mental health treatments, for children
receiving child welfare services. end insert

(E) Community and support services.

(F) Physical needs for facility residents.

(G) Administration, storage, misuse, and interaction of
medication used by facility residents.

(H) Resident admission, retention, and assessment procedures,
including the right of a foster child to have fair and equal access
to all available services, placement, care, treatment, and benefits,
and to not be subjected to discrimination or harassment on the
basis of actual or perceived race, ethnic group identification,
ancestry, national origin, color, religion, sex, sexual orientation,
gender identity, mental or physical disability, or HIV status.

(I) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(J) Nonviolent emergency intervention and reporting
requirements.

(K) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment- and violence-free school environment contained in
the School Safety and Violence Prevention Act (Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code).

(2) The department shall adopt separate program requirements
for initial certification for persons who are employed as group
home administrators on the effective date of this section. A person
employed as an administrator of a group home facility on the
effective date of this section shall obtain a certificate by completing
the training and testing requirements imposed by the department
within 12 months of the effective date of the regulations
implementing this section. After the effective date of this section,
these administrators shall meet the requirements imposed by the
department on all other group home administrators for certificate
renewal.

(3) Individuals applying for certification under this section shall
successfully complete an approved certification program, pass a
written test administered by the department within 60 days of
completing the program, and submit to the department the
documentation required by subdivision (d) within 30 days after
being notified of having passed the test. The department may
extend these time deadlines for good cause. The department shall
notify the applicant of his or her test results within 30 days of
administering the test.

(d) The department shall not begin the process of issuing a
certificate until receipt of all of the following:

(1) A certificate of completion of the administrator training
required pursuant to this chapter.

(2) The fee required for issuance of the certificate. A fee of one
hundred dollars ($100) shall be charged by the department to cover
the costs of processing the application for certification.

(3) Documentation from the applicant that he or she has passed
the written test.

(4) Submission of fingerprints pursuant to Section 1522. The
department may waive the submission for those persons who have
a current clearance on file.

(5) That person is at least 21 years of age.

(e) It shall be unlawful for any person not certified under this
section to hold himself or herself out as a certified administrator
of a group home facility. Any person willfully making any false
representation as being a certified administrator or facility manager
is guilty of a misdemeanor.

(f) (1) Certificates issued under this section shall be renewed
every two years and renewal shall be conditional upon the
certificate holder submitting documentation of completion of 40
hours of continuing education related to the core of knowledge
specified in subdivision (c). No more than one-half of the required
40 hours of continuing education necessary to renew the certificate
may be satisfied through online courses. All other continuing
education hours shall be completed in a classroom setting. For
purposes of this section, an individual who is a group home facility
administrator and who is required to complete the continuing
education hours required by the regulations of the State Department
of Developmental Services, and approved by the regional center,
may have up to 24 of the required continuing education course
hours credited toward the 40-hour continuing education
requirement of this section. Community college course hours
approved by the regional centers shall be accepted by the
department for certification.

(2) Every administrator of a group home facility shall complete
the continuing education requirements of this subdivision.

(3) Certificates issued under this section shall expire every two
years on the anniversary date of the initial issuance of the
certificate, except that any administrator receiving his or her initial
certification on or after July 1, 1999, shall make an irrevocable
election to have his or her recertification date for any subsequent
recertification either on the date two years from the date of issuance
of the certificate or on the individual’s birthday during the second
calendar year following certification. The department shall send
a renewal notice to the certificate holder 90 days prior to the
expiration date of the certificate. If the certificate is not renewed
prior to its expiration date, reinstatement shall only be permitted
after the certificate holder has paid a delinquency fee equal to three
times the renewal fee and has provided evidence of completion of
the continuing education required.

(4) To renew a certificate, the certificate holder shall, on or
before the certificate expiration date, request renewal by submitting
to the department documentation of completion of the required
continuing education courses and pay the renewal fee of one
hundred dollars ($100), irrespective of receipt of the department’s
notification of the renewal. A renewal request postmarked on or
before the expiration of the certificate shall be proof of compliance
with this paragraph.

(5) A suspended or revoked certificate shall be subject to
expiration as provided for in this section. If reinstatement of the
certificate is approved by the department, the certificate holder,
as a condition precedent to reinstatement, shall submit proof of
compliance with paragraphs (1) and (2) of subdivision (f), and
shall pay a fee in an amount equal to the renewal fee, plus the
delinquency fee, if any, accrued at the time of its revocation or
suspension. Delinquency fees, if any, accrued subsequent to the
time of its revocation or suspension and prior to an order for
reinstatement, shall be waived for a period of 12 months to allow
the individual sufficient time to complete the required continuing
education units and to submit the required documentation.
Individuals whose certificates will expire within 90 days after the
order for reinstatement may be granted a three-month extension
to renew their certificates during which time the delinquency fees
shall not accrue.

(6) A certificate that is not renewed within four years after its
expiration shall not be renewed, restored, reissued, or reinstated
except upon completion of a certification training program, passing
any test that may be required of an applicant for a new certificate
at that time, and paying the appropriate fees provided for in this
section.

(7) A fee of twenty-five dollars ($25) shall be charged for the
reissuance of a lost certificate.

(8) A certificate holder shall inform the department of his or
her employment status and change of mailing address within 30
days of any change.

(g) Unless otherwise ordered by the department, the certificate
shall be considered forfeited under either of the following
conditions:

(1) The department has revoked any license held by the
administrator after the department issued the certificate.

(2) The department has issued an exclusion order against the
administrator pursuant to Section 1558, 1568.092, 1569.58, or
1596.8897, after the department issued the certificate, and the
administrator did not appeal the exclusion order or, after the appeal,
the department issued a decision and order that upheld the
exclusion order.

(h) (1) The department, in consultation and collaboration with
county placement officials, provider organizations, the State
Department of Health Care Services, and the State Department of
Developmental Services, shall establish, by regulation, the program
content, the testing instrument, the process for approving
certification training programs, and criteria to be used in
authorizing individuals, organizations, or educational institutions
to conduct certification training programs and continuing education
courses. The department may also grant continuing education hours
for continuing courses offered by accredited educational institutions
that are consistent with the requirements in this section. The
department may deny vendor approval to any agency or person in
any of the following circumstances:

(A) The applicant has not provided the department with evidence
satisfactory to the department of the ability of the applicant to
satisfy the requirements of vendorization set out in the regulations
adopted by the department pursuant to subdivision (j).

(B) The applicant person or agency has a conflict of interest in
that the person or agency places its clients in group home facilities.

(C) The applicant public or private agency has a conflict of
interest in that the agency is mandated to place clients in group
homes and to pay directly for the services. The department may
deny vendorization to this type of agency only as long as there are
other vendor programs available to conduct the certification
training programs and conduct education courses.

(2) The department may authorize vendors to conduct the
administrator’s certification training program pursuant to this
section. The department shall conduct the written test pursuant to
regulations adopted by the department.

(3) The department shall prepare and maintain an updated list
of approved training vendors.

(4) The department may inspect certification training programs
and continuing education courses, including online courses, at no
charge to the department, to determine if content and teaching
methods comply with regulations. If the department determines
that any vendor is not complying with the requirements of this
section, the department shall take appropriate action to bring the
program into compliance, which may include removing the vendor
from the approved list.

(5) The department shall establish reasonable procedures and
timeframes not to exceed 30 days for the approval of vendor
training programs.

(6) The department may charge a reasonable fee, not to exceed
one hundred fifty dollars ($150) every two years, to certification
program vendors for review and approval of the initial 40-hour
training program pursuant to subdivision (c). The department may
also charge the vendor a fee, not to exceed one hundred dollars
($100) every two years, for the review and approval of the
continuing education courses needed for recertification pursuant
to this subdivision.

(7) (A) A vendor of online programs for continuing education
shall ensure that each online course contains all of the following:

(i) An interactive portion in which the participant receives
feedback, through online communication, based on input from the
participant.

(ii) Required use of a personal identification number or personal
identification information to confirm the identity of the participant.

(iii) A final screen displaying a printable statement, to be signed
by the participant, certifying that the identified participant
completed the course. The vendor shall obtain a copy of the final
screen statement with the original signature of the participant prior
to the issuance of a certificate of completion. The signed statement
of completion shall be maintained by the vendor for a period of
three years and be available to the department upon demand. Any
person who certifies as true any material matter pursuant to this
clause that he or she knows to be false is guilty of a misdemeanor.

(B) Nothing in this subdivision shall prohibit the department
from approving online programs for continuing education that do
not meet the requirements of subparagraph (A) if the vendor
demonstrates to the department’s satisfaction that, through
advanced technology, the course and the course delivery meet the
requirements of this section.

(i) The department shall establish a registry for holders of
certificates that shall include, at a minimum, information on
employment status and criminal record clearance.

(j) Subdivisions (b) to (i), inclusive, shall be implemented upon
regulations being adopted by the department, by January 1, 2000.

(k) Notwithstanding any begin delete provision of end delete law to the contrary,
vendors approved by the department who exclusively provide
either initial or continuing education courses for certification of
administrators of a group home facility as defined by regulations
of the department, an adult residential facility as defined by
regulations of the department, or a residential care facility for the
elderly as defined in subdivision (k) of Section 1569.2, shall be
regulated solely by the department pursuant to this chapter. No
other state or local governmental entity shall be responsible for
regulating the activity of those vendors.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1529.2 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1529.2.  

(a) In addition to the foster parent training provided
by community colleges, foster family agencies shall provide a
program of training for their certified foster families.

(b) (1) Every licensed foster parent shall complete a minimum
of 12 hours of foster parent training, as prescribed in paragraph
(3), before the placement of any foster children with the foster
parent. In addition, a foster parent shall complete a minimum of
eight hours of foster parent training annually, as prescribed in
paragraph (4). No child shall be placed in a foster family home
unless these requirements are met by the persons in the home who
are serving as the foster parents.

(2) (A) Upon the request of the foster parent for a hardship
waiver from the postplacement training requirement or a request
for an extension of the deadline, the county may, at its option, on
a case-by-case basis, waive the postplacement training requirement
or extend any established deadline for a period not to exceed one
year, if the postplacement training requirement presents a severe
and unavoidable obstacle to continuing as a foster parent. Obstacles
for which a county may grant a hardship waiver or extension are:

(i) Lack of access to training due to the cost or travel required.

(ii) Family emergency.

(B) Before a waiver or extension may be granted, the foster
parent should explore the opportunity of receiving training by
video or written materials.

(3) The initial preplacement training shall include, but not be
limited to, training courses that cover all of the following:

(A) An overview of the child protective system.

(B) The effects of child abuse and neglect on child development.

(C) Positive discipline and the importance of self-esteem.

(D) Health issues in foster begin delete care. end delete begin insert care, including, but not limited
to, the authorization for administration, uses, risks, benefits,
administration, oversight, and monitoring of psychotropic
medications, and trauma, mental health, and other available mental
health treatments, for children receiving child welfare services. end insert

(E) Accessing education and health services available to foster
children.

(F) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.

(G) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(H) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment and violence free school environment contained in
the California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of
Part 19 of Division 1 of Title 1 of the Education Code).

(4) The postplacement annual training shall include, but not be
limited to, training courses that cover all of the following:

(A) Age-appropriate child development.

(B) Health issues in foster begin delete care. end delete begin insert care, including, but not limited
to, the authorization for administration, uses, risks, benefits,
administration, oversight, and monitoring of psychotropic
medications, and trauma, mental health, and other available mental
health treatments, for children receiving child welfare services end insert begin insert . end insert

(C) Positive discipline and the importance of self-esteem.

(D) Emancipation and independent living skills if a foster parent
is caring for youth.

(E) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.

(F) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(5) Foster parent training may be attained through a variety of
sources, including community colleges, counties, hospitals, foster
parent associations, the California State Foster Parent Association’s
Conference, adult schools, and certified foster parent instructors.

(6) A candidate for placement of foster children shall submit a
certificate of training to document completion of the training
requirements. The certificate shall be submitted with the initial
consideration for placements and provided at the time of the annual
visit by the licensing agency thereafter.

(c) Nothing in this section shall preclude a county from requiring
county-provided preplacement or postplacement foster parent
training in excess of the requirements in this section.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 304.7 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

304.7.  

(a) The Judicial Council shall develop and implement
standards for the education and training of all judges who conduct
hearings pursuant to Section 300. The training shall include, but
not be limited to, begin delete both end delete begin insert all end insert of the following:

(1) A component relating to Section 300 proceedings for newly
appointed or elected judges and an annual training session in
Section 300 proceedings.

(2) Cultural competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay, bisexual,
and transgender youth.

begin insert

(3) The authorization for administration, uses, risks, benefits,
administration, oversight, and monitoring of psychotropic
medications, and trauma, mental health, and other available mental
health treatments, for children receiving child welfare services.

end insert

(b) A commissioner or referee who is assigned to conduct
hearings held pursuant to Section 300 shall meet the minimum
standards for education and training established pursuant to
subdivision (a), by July 31, 1998.

(c) The Judicial Council shall submit an annual report to the
Legislature on compliance by judges, commissioners, and referees
with the education and training standards described in subdivisions
(a) and (b).

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 317 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

317.  

(a) (1) When it appears to the court that a parent or
guardian of the child desires counsel but is presently financially
unable to afford and cannot for that reason employ counsel, the
court may appoint counsel as provided in this section.

(2) When it appears to the court that a parent or Indian custodian
in an Indian child custody proceeding desires counsel but is
presently unable to afford and cannot for that reason employ
counsel, the provisions of Section 1912(b) of Title 25 of the United
States Code and Section 23.13 of Title 25 of the Code of Federal
Regulations shall apply.

(b) When it appears to the court that a parent or guardian of the
child is presently financially unable to afford and cannot for that
reason employ counsel, and the child has been placed in
out-of-home care, or the petitioning agency is recommending that
the child be placed in out-of-home care, the court shall appoint
counsel for the parent or guardian, unless the court finds that the
parent or guardian has made a knowing and intelligent waiver of
counsel as provided in this section.

(c)  begin insert (1) end insert begin insert   end insert If a child or nonminor dependent is not represented by
counsel, the court shall appoint counsel for the child or nonminor
dependent, unless the court finds that the child or nonminor
dependent would not benefit from the appointment of counsel. The
court shall state on the record its reasons for that finding. begin delete A end delete

begin insert ( end insert begin insert 2) end insert begin insert   end insert begin insert A end insert primary responsibility of counsel appointed to represent
a child or nonminor dependent pursuant to this section shall be to
advocate for the protection, safety, and physical and emotional
well-being of the child or nonminor dependent. begin delete Counsel end delete

begin insert (3) end insert begin insert   end insert begin insert Counsel end insert may be a district attorney, public defender, or other
member of the bar, provided that he or she does not represent
another party or county agency whose interests conflict with the
child’s or nonminor dependent’s interests. The fact that the district
attorney represents the child or nonminor dependent in a
proceeding pursuant to Section 300 as well as conducts a criminal
investigation or files a criminal complaint or information arising
from the same or reasonably related set of facts as the proceeding
pursuant to Section 300 is not in and of itself a conflict of interest.
begin delete The end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert court may fix the compensation for the services of
appointed counsel. begin delete The end delete

begin insert (5) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert The end insert appointed counsel shall have a caseload and training
that ensures adequate representation of the child or nonminor
dependent. The Judicial Council shall promulgate rules of court
that establish caseload standards, training requirements, and
guidelines for appointed counsel for children and shall adopt rules
as required by Section 326.5 no later than July 1, 2001. begin delete Those end delete

begin insert (B) end insert begin insert   end insert begin insert The end insert training requirements begin insert imposed pursuant to
subparagraph (A) end insert shall include instruction on begin delete cultural end delete begin insert both of the
following: end insert

begin insert (i) end insert begin insert   end insert begin insert Cultural end insert competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay, bisexual,
and transgender youth in out-of-home care.

begin insert

(ii) The authorization for administration, uses, risks, benefits,
administration, oversight, and monitoring of psychotropic
medications, and trauma, mental health, and other available mental
health treatments, for children receiving child welfare services.

end insert

(d) Counsel shall represent the parent, guardian, child, or
nonminor dependent at the detention hearing and at all subsequent
proceedings before the juvenile court. Counsel shall continue to
represent the parent, guardian, child, or nonminor dependent unless
relieved by the court upon the substitution of other counsel or for
cause. The representation shall include representing the parent,
guardian, or the child in termination proceedings and in those
proceedings relating to the institution or setting aside of a legal
guardianship. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section
11400, no representation by counsel shall be provided for a parent,
unless the parent is receiving court-ordered family reunification
services.

(e) (1) Counsel shall be charged in general with the
representation of the child’s interests. To that end, counsel shall
make or cause to have made any further investigations that he or
she deems in good faith to be reasonably necessary to ascertain
the facts, including the interviewing of witnesses, and shall
examine and cross-examine witnesses in both the adjudicatory and
dispositional hearings. Counsel may also introduce and examine
his or her own witnesses, make recommendations to the court
concerning the child’s welfare, and participate further in the
proceedings to the degree necessary to adequately represent the
child. When counsel is appointed to represent a nonminor
dependent, counsel is charged with representing the wishes of the
nonminor dependent except when advocating for those wishes
conflicts with the protection or safety of the nonminor dependent.
If the court finds that a nonminor dependent is not competent to
direct counsel, the court shall appoint a guardian ad litem for the
nonminor dependent.

(2) If the child is four years of age or older, counsel shall
interview the child to determine the child’s wishes and assess the
child’s well-being, and shall advise the court of the child’s wishes.
Counsel shall not advocate for the return of the child if, to the best
of his or her knowledge, return of the child conflicts with the
protection and safety of the child.

(3) Counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding, and report to the court other
interests of the child that may need to be protected by the institution
of other administrative or judicial proceedings. Counsel
representing a child in a dependency proceeding is not required to
assume the responsibilities of a social worker, and is not expected
to provide nonlegal services to the child.

(4) (A) At least once every year, if the list of educational
liaisons is available on the Internet Web site for the State
Department of Education, both of the following shall apply:

(i) Counsel shall provide his or her contact information to the
educational liaison, as described in subdivision (b) of Section
48853.5 of the Education Code, of each local educational agency
serving counsel’s foster child clients in the county of jurisdiction.

(ii) If counsel is part of a firm or organization representing foster
children, the firm or organization may provide its contact
information in lieu of contact information for the individual
counsel. The firm or organization may designate a person or
persons within the firm or organization to receive communications
from educational liaisons.

(B) The child’s caregiver or other person holding the right to
make educational decisions for the child may provide the contact
information of the child’s attorney to the child’s local educational
agency.

(C) Counsel for the child and counsel’s agent may, but are not
required to, disclose to an individual who is being assessed for the
possibility of placement pursuant to Section 361.3 the fact that the
child is in custody, the alleged reasons that the child is in custody,
and the projected likely date for the child’s return home, placement
for adoption, or legal guardianship. Nothing in this paragraph shall
be construed to prohibit counsel from making other disclosures
pursuant to this subdivision, as appropriate.

(5) Nothing in this subdivision shall be construed to permit
counsel to violate a child’s attorney-client privilege.

(6) The changes made to this subdivision during the 2011-12
Regular Session of the Legislature by the act adding subparagraph
(C) of paragraph (4) and paragraph (5) are declaratory of existing
law.

(7) The court shall take whatever appropriate action is necessary
to fully protect the interests of the child.

(f) Either the child or counsel for the child, with the informed
consent of the child if the child is found by the court to be of
sufficient age and maturity to consent, which shall be presumed,
subject to rebuttal by clear and convincing evidence, if the child
is over 12 years of age, may invoke the psychotherapist-client
privilege, physician-patient privilege, and clergyman-penitent
privilege. If the child invokes the privilege, counsel may not waive
it, but if counsel invokes the privilege, the child may waive it.
Counsel shall be the holder of these privileges if the child is found
by the court not to be of sufficient age and maturity to consent.
For the sole purpose of fulfilling his or her obligation to provide
legal representation of the child, counsel shall have access to all
records with regard to the child maintained by a health care facility,
as defined in Section 1545 of the Penal Code, health care providers,
as defined in Section 6146 of the Business and Professions Code,
a physician and surgeon or other health practitioner, as defined in
former Section 11165.8 of the Penal Code, as that section read on
January 1, 2000, or a child care custodian, as defined in former
Section 11165.7 of the Penal Code, as that section read on January
1, 2000. Notwithstanding any other law, counsel shall be given
access to all records relevant to the case that are maintained by
state or local public agencies. All information requested from a
child protective agency regarding a child who is in protective
custody, or from a child’s guardian ad litem, shall be provided to
the child’s counsel within 30 days of the request.

(g) In a county of the third class, if counsel is to be provided to
a child at the county’s expense other than by counsel for the
agency, the court shall first use the services of the public defender
before appointing private counsel. Nothing in this subdivision shall
be construed to require the appointment of the public defender in
any case in which the public defender has a conflict of interest. In
the interest of justice, a court may depart from that portion of the
procedure requiring appointment of the public defender after
making a finding of good cause and stating the reasons therefor
on the record.

(h) In a county of the third class, if counsel is to be appointed
to provide legal counsel for a parent or guardian at the county’s
expense, the court shall first use the services of the alternate public
defender before appointing private counsel. Nothing in this
subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest. In the interest of justice, a court may
depart from that portion of the procedure requiring appointment
of the alternate public defender after making a finding of good
cause and stating the reasons therefor on the record.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 369.5 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

369.5.  

(a)  begin insert (1) end insert begin insert   end insert If a child is adjudged a dependent child of the
court under Section 300 and the child has been removed from the
physical custody of the parent under Section 361, only a juvenile
court judicial officer shall have authority to make orders regarding
the administration of psychotropic medications for that child. The
juvenile court may issue a specific order delegating this authority
to a parent upon making findings on the record that the parent
poses no danger to the child and has the capacity to authorize
psychotropic medications. Court authorization for the
administration of psychotropic medication shall be based on a
request from a physician, indicating the reasons for the request, a
description of the child’s diagnosis and behavior, the expected
results of the medication, and a description of any side effects of
the medication. begin delete On or before July 1, 2000, the Judicial Council
shall adopt rules of court and develop appropriate forms for
implementation of this section. end delete

begin insert

(2) (A) On or before July 1, 2016, the Judicial Council shall,
in consultation with the State Department of Social Services, the
State Department of Health Care Services, and stakeholders,
including, but not limited to, the County Welfare Directors
Association, associations representing current and former foster
children, county behavioral health departments, caregivers, and
children’s attorneys, develop updates to the implementation of this
section and related forms.

end insert begin insert

(B) The implementation updates developed pursuant to
subparagraph (A) shall ensure all of the following:

end insert begin insert

(i) The child and his or her caregiver and court-appointed
special advocate, if any, have an opportunity to provide input on
the medications being prescribed.

end insert begin insert

(ii) Information regarding the child’s overall mental health
assessment and treatment plan is provided to the court.

end insert begin insert

(iii) Information regarding the rationale for the proposed
medication, provided in the context of past and current treatment
efforts, is provided to the court.

end insert begin insert

(C) The implementation updates developed pursuant to
subparagraph (A) shall include a process for periodic oversight
by the court of orders regarding the administration of psychotropic
medications that includes the caregiver’s and child’s observations
relating to the effectiveness of the medication and side effects,
information on medication management appointments and other
follow-up appointments with medical practitioners, and information
on the delivery of other mental health treatments that are a part
of the child’s overall treatment plan. The periodic oversight shall
be facilitated by the county social worker, public health nurse, or
other appropriate county staff. This oversight process may be
conducted in conjunction with other court hearings and reports
provided to the court by the county child welfare agency.

end insert begin insert

(D) On or before July 1, 2016, the Judicial Council shall adopt
or amend rules of court and forms to implement the updates
developed pursuant to this paragraph.

end insert

(b) (1) In counties in which the county child welfare agency
completes the request for authorization for the administration of
psychotropic medication, the agency is encouraged to complete
the request within three business days of receipt from the physician
of the information necessary to fully complete the request.

(2) Nothing in this subdivision is intended to change current
local practice or local court rules with respect to the preparation
and submission of requests for authorization for the administration
of psychotropic medication.

(c) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the child, or shall,
upon a request by the parent, the legal guardian, or the child’s
attorney, or upon its own motion, set the matter for hearing.

(d) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses. These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.

(e) Nothing in this section is intended to supersede local court
rules regarding a minor’s right to participate in mental health
decisions.

(f) This section begin delete shall end delete begin insert does end insert not apply to nonminor dependents,
as defined in subdivision (v) of Section 11400.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 16003 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

16003.  

(a) In order to promote the successful implementation
of the statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program
shall make available orientation and training to the relative or
nonrelative extended family member caregiver into whose care
the county has placed a foster child pursuant to Section 1529.2 of
the Health and Safety Code, including, but not limited to, courses
that cover the following:

(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child
in foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or
harassment on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex, sexual
orientation, gender identity, mental or physical disability, or HIV
status.

(2) An overview of the child protective system.

(3) The effects of child abuse and neglect on child development.

(4) Positive discipline and the importance of self-esteem.

(5) Health issues in foster begin delete care. end delete begin insert care, including, but not limited
to, the authorization for administration, uses, risks, benefits,
administration, oversight, and monitoring of psychotropic
medications, and trauma, mental health, and other available mental
health treatments, for children receiving child welfare services end insert begin insert . end insert

(6) Accessing education and health services that are available
to foster children.

(7) Relationship and safety issues regarding contact with one
or both of the birth parents.

(8) Permanency options for relative or nonrelative extended
family member caregivers, including legal guardianship, the
Kinship Guardianship Assistance Payment Program, and kin
adoption.

(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.

(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment and violence free school environment contained in
the California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of
Part 19 of Division 1 of Title 1 of the Education Code).

(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:

(1) Age-appropriate child development.

(2) Health issues in foster begin delete care. end delete begin insert care, including, but not limited
to, the authorization for administration, uses, risks, benefits,
administration, oversight, and monitoring of psychotropic
medications, and trauma, mental health, and other available mental
health treatments, for children receiving child welfare services end insert begin insert . end insert

(3) Positive discipline and the importance of self-esteem.

(4) Emancipation and independent living.

(5) Accessing education and health services available to foster
children.

(6) Relationship and safety issues regarding contact with one
or both of the birth parents.

(7) Permanency options for relative or nonrelative extended
family member caregivers, including legal guardianship, the
Kinship Guardianship Assistance Payment Program, and kin
adoption.

(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment and violence free school environment contained in
the California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of
Part 19 of Division 1 of Title 1 of the Education Code).

(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education
program, in providing the orientation program, shall develop
appropriate program parameters in collaboration with the counties.

(d) Each community college district with a foster care education
program shall make every attempt to make the training and
orientation programs for relative or nonrelative extended family
member caregivers highly accessible in the communities in which
they reside.

(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver
of the availability of training and orientation programs and it is
the intent of the Legislature that the county shall forward the names
and addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.

(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 16206 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

16206.  

(a) The purpose of the program is to develop and
implement statewide coordinated training programs designed
specifically to meet the needs of county child protective services
social workers assigned emergency response, family maintenance,
family reunification, permanent placement, and adoption
responsibilities. It is the intent of the Legislature that the program
include training for other agencies under contract with county
welfare departments to provide child welfare services. In addition,
the program shall provide training programs for persons defined
as a mandated reporter pursuant to the Child Abuse and Neglect
Reporting Act, Article 2.5 (commencing with Section 11164) of
Chapter 2 of Title 1 of Part 4 of the Penal Code. The program shall
provide the services required in this section to the extent possible
within the total allocation. If allocations are insufficient, the
department, in consultation with the grantee or grantees and the
Child Welfare Training Advisory Board, shall prioritize the efforts
of the program, giving primary attention to the most urgently
needed services. County child protective services social workers
assigned emergency response responsibilities shall receive first
priority for training pursuant to this section.

(b) The training program shall provide practice-relevant training
for mandated child abuse reporters and all members of the child
welfare delivery system that will address critical issues affecting
the well-being of children, and shall develop curriculum materials
and training resources for use in meeting staff development needs
of mandated child abuse reporters and child welfare personnel in
public and private agency settings.

(c) The training provided pursuant to this section shall include
all of the following:

(1) Crisis intervention.

(2) Investigative techniques.

(3) Rules of evidence.

(4) Indicators of abuse and neglect.

(5) Assessment criteria, including the application of guidelines
for assessment of relatives for placement according to the criteria
described in Section 361.3.

(6) Intervention strategies.

(7) Legal requirements of child protection, including
requirements of child abuse reporting laws.

(8) Case management.

(9) Use of community resources.

(10) Information regarding the dynamics and effects of domestic
violence upon families and children, including indicators and
dynamics of teen dating violence.

(11) Posttraumatic stress disorder and the causes, symptoms,
and treatment of posttraumatic stress disorder in children.

(12) The importance of maintaining relationships with
individuals who are important to a child in out-of-home placement,
including methods to identify those individuals, consistent with
the child’s best interests, including, but not limited to, asking the
child about individuals who are important, and ways to maintain
and support those relationships.

(13) The legal duties of a child protective services social worker,
in order to protect the legal rights and safety of children and
families from the initial time of contact during investigation
through treatment.

begin insert

(14) The authorization for administration, uses, risks, benefits,
administration, oversight, and monitoring of psychotropic
medications, and trauma, mental health, and other available mental
health treatments, for children receiving child welfare services.

end insert

(d) The training provided pursuant to this section may also
include any or all of the following:

(1) Child development and parenting.

(2) Intake, interviewing, and initial assessment.

(3) Casework and treatment.

(4) Medical aspects of child abuse and neglect.

(e) The training program in each county shall assess the
program’s performance at least annually and forward it to the State
Department of Social Services for an evaluation. The assessment
shall include, at a minimum, all of the following:

(1) Workforce data, including education, qualifications, and
demographics.

(2) The number of persons trained.

(3) The type of training provided.

(4) The degree to which the training is perceived by participants
as useful in practice.

(5) Any additional information or data deemed necessary by
the department for reporting, oversight, and monitoring purposes.

(f) The training program shall provide practice-relevant training
to county child protective services social workers who screen
referrals for child abuse or neglect and for all workers assigned to
provide emergency response, family maintenance, family
reunification, and permanent placement services. The training shall
be developed in consultation with the Child Welfare Training
Advisory Board and domestic violence victims’ advocates and
other public and private agencies that provide programs for victims
of domestic violence or programs of intervention for perpetrators.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 16501.4 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 16501.4. end insert   

In order to ensure the oversight of psychotropic
medications that are prescribed for children receiving child welfare
services, all of the following shall occur:

(a) (1) A county child welfare agency shall use the form
developed pursuant to paragraph (2) to provide a monthly report
to the juvenile court, the child’s attorney, and the child’s
court-appointed special advocate, if one has been appointed. At
a minimum, that report shall include all of the following
information regarding a child receiving child welfare services:

(A) Psychotropic medications that have been authorized for the
child.

(B) Paid claims data for medications that have been prescribed
to the child, including both psychotropic and non-psychotropic
medication.

(C) Durational information relating to the child’s prescribed
medication, including, but not limited to, the length of time a
medication has been authorized and the length of time for which
claims have been paid for a filled prescription.

(D) Claims paid for mental health services provided to the child,
other than claims paid for psychotropic medication.

(E) The dosage of psychotropic medications that have been
authorized for the child and for which a claim has been paid.

(2) In consultation with the State Department of Health Care
Services, the County Welfare Directors Association, and other
stakeholders, the State Department of Social Services shall develop
a form to be utilized in making the reports required by paragraph
(1).

(b) (1) In consultation with the State Department of Health
Care Services, the County Welfare Directors Association, and
other stakeholders, the State Department of Social Services shall
either develop, or ensure access to, a system that automatically
alerts the social worker of a child receiving child welfare services
when psychotropic medication has been prescribed that fits any
of the following descriptions:

(A) The psychotropic medication has been prescribed in
combination with another psychotropic medication and the
combination is unusual or has the potential for a dangerous
interaction.

(B) The psychotropic medication is prescribed in a dosage that
is unusual for a child of that age.

(C) The psychotropic medication has the potential for a
dangerous interaction with other prescribed psychotropic or
non-psychotropic medications.

(D) The psychotropic medication is not typically indicated for
a child of that age.

(2) If a child’s social worker receives an alert from the system
described in paragraph (1), upon receipt of the alert, the social
worker shall indicate to the court, the child’s attorney, the child’s
caregiver, and the child’s court-appointed special advocate, if one
has been appointed, that the alert has been received. The social
worker shall also include a discussion of the alert and the
resolution, if any, of the issue raised by the alert in the next court
report filed in the child’s case.

(c) In consultation with the State Department of Health Care
Services, the Judicial Council, the County Welfare Directors
Association, and other stakeholders, the State Department of Social
Services shall develop training that may be provided to county
child welfare social workers, courts, children’s attorneys,
children’s caregivers, court-appointed special advocates, and
other relevant staff who work with children receiving child welfare
services that addresses the authorization for administration, uses,
risks, benefits, administration, oversight, and monitoring of
psychotropic medications, and trauma, mental health, and other
available mental health treatments, for children receiving child
welfare services.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert To the extent that this act has an overall effect of
increasing the costs already borne by a local agency for programs
or levels of service mandated by the 2011 Realignment Legislation
within the meaning of Section 36 of Article XIII of the California
Constitution, it shall apply to local agencies only to the extent that
the state provides annual funding for the cost increase. Any new
program or higher level of service provided by a local agency
pursuant to this act above the level for which funding has been
provided shall not require a subvention of funds by the state nor
otherwise be subject to Section 6 of Article XIII B of the California
Constitution. end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation that would improve the ability of the child welfare
system to track and oversee the use of psychotropic medications
for children in foster care. In order to effectuate this intent, the
legislation shall require all of the following:

(a) The State Department of Social Services and the State
Department of Health Care Services to develop monthly data
reports that match prescription and claims data with child welfare
services records and that are shared with counties, the juvenile
court, attorneys appointed to represent children in foster care,
medical practitioners treating children in foster care, and
court-appointed special advocates.

(b) The development of a system that triggers an alert to medical
practitioners treating children in foster care when there could be
potentially dangerous interactions between psychotropic
medications and other prescribed medications, or when
psychotropic medications have been prescribed, or prescribed in
dosages, that are unusual for a child or a child of that age.

(c) An update of the JV-220 court form to provide an
opportunity for key stakeholders, including, but not limited to, the
child for whom psychotropic medication is prescribed, to provide
information and feedback and to provide details on the overall
mental health treatment plan for the child.

(d) Training for medical practitioners, child welfare social
workers, foster children, caregivers, attorneys appointed to
represent children in foster care, and Court-Appointed Special
Advocates regarding psychotropic medications.

end delete