BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 238| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 238 Author: Mitchell (D) and Beall (D), et al. Amended: 9/4/15 Vote: 21 SENATE HUMAN SERVICES COMMITTEE: 5-0, 4/21/15 AYES: McGuire, Berryhill, Hancock, Liu, Nguyen SENATE JUDICIARY COMMITTEE: 6-0, 4/28/15 AYES: Jackson, Anderson, Hertzberg, Leno, Monning, Wieckowski NO VOTE RECORDED: Moorlach SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SENATE FLOOR: 40-0, 6/3/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk ASSEMBLY FLOOR: 79-0, 9/8/15 - See last page for vote SUBJECT: Foster care: psychotropic medication SOURCE: County Welfare Directors Association of California National Center for Youth Law DIGEST: This bill requires certification and training programs for foster parents, child welfare social workers, group home administrators, public health nurses, dependency court judges and court appointed council to include training on psychotropic SB 238 Page 2 medication, trauma, and behavioral health, as specified, for children receiving child welfare services. This bill requires the Judicial Council to amend and adopt rules of court and develop appropriate forms pertaining to the authorization of psychotropic medication for foster youth, on or before July 1, 2016. Assembly Amendments (1) strike provisions requiring the creation of a system that automatically alerts a social worker when psychotropic medication has been prescribed in specified, high risk, circumstances; (2) require the Department of Health Care Services (DHCS) to provide the Department of Social Services (CDSS), specified information for children in foster care pursuant to a data sharing agreement between the two departments, to which county placing agencies may opt to participate; (3) clarify the scope of the monthly-report to be created by CDSS and provide that the report is required to be provided only to counties that are signatories to the data sharing agreement; and (4) make other technical amendments and add chaptering language pertaining to AB 403 (Stone) ANALYSIS: Existing law: 1) Provides for the development of a group home administrator certification program by CDSS in collaboration with specified stakeholders. Requires the certification program to include a minimum of 40 hours of classroom instruction and provide coverage of a specified uniform core of knowledge. (HSC 1522.41) 2) Requires licensed foster parents to complete a minimum of 12 hours of training covering specified topics prior to the placement of a foster child in the home, and eight hours annually subsequently. (HSC 1529.2) 3) Requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct hearings pursuant to Welfare and Institutions Code Section 300, pertaining to dependent children. (WIC 304.7) SB 238 Page 3 4) Requires court-appointed counsel of a child or nonminor dependent to have specified training, promulgated by the Judicial Council as rules of the court, that ensures adequate representation of the child or nonminor dependent. (WIC 317) 5) Provides that only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent of the court and removed from the physical custody of his or her parent. Requires the Judicial Council to adopt rules of court and develop appropriate forms. (WIC 369.5) 6) Provides for the development of a statewide coordinated training program designed specifically to meet the needs of county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act. (WIC 16206) This bill: 1) Requires CDSS to develop training, in consultation with DHCS, the Judicial Council, the County Welfare Directors Association of California (CWDA), the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, that may be provided to county child welfare social workers, probation officers, courts hearing dependency or delinquency cases, children's attorneys, children's caregivers, court-appointed special advocates, and other relevant staff who work with children under the jurisdiction of the juvenile court. 2) Requires the above training to address the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, trauma, and substance use disorder and mental health treatments, including how to access those treatments. 3) Requires the following statutorily required trainings to include the content described in #2 above: SB 238 Page 4 Group home administrator certification; Initial preplacement training and post training of licensed foster parents; Training required to be made available to relative and nonrelative extended family members; Judicial Council-developed training for judges who conduct trainings pursuant to Welfare and Institutions Code Section 300; Training of court-appointed counsel of a child or nonminor dependent; and Training provided to specified county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act. 1) Requires the Judicial Council, on or before July 1, 2016, in consultation with CDSS, DHCS, and specified stakeholders to amend and adopt rules of court and develop appropriate forms pertaining to this bill. 2) Requires the above implementation and updates ensure the following: 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. Information regarding the child's overall behavioral health assessment and treatment plan is provided to the court. Information regarding the rationale for the proposed medication, as specified, including information on other pharmacological and non-pharmacological treatments that have been utilized and the child's response, a discussion of symptoms not alleviated or ameliorated by other efforts SB 238 Page 5 and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms. Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization, is not included in a request. 1) Requires the developed rules of court and forms to include a process for the court to periodically oversee orders regarding the administration of psychotropic medication that includes specified information. Provides that oversight shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court. 2) Requires CDSS, in consultation with DHCS, and other specified stakeholders to develop county-specific monthly reports that describe each child for whom one or more psychotropic medications have been paid for under Medi-Cal, including authorized medications, pharmacy data including the quantity and dose of medications, other available information regarding psychosocial interventions and incidents of polypharmacy. 3) Requires, additionally, the monthly report to include an indicator that identifies each child under five years of age for whom one or more psychotropic medications is prescribed and each child of any age for whom three or more psychotropic medications are prescribed. 4) Requires CDSS distribute the monthly report to a county placing agency, if the placing agency is a signatory to the data sharing agreement, as described. 5) Requires CDSS in consultation with DHCS, CWDA and other stakeholders to develop a form to be used by a county child welfare services agency to share with the juvenile court, the child's attorney, and the court-appointed special advocate, if one has been appointed, information pertaining to the child served. Background SB 238 Page 6 Foster care training requirements. In 2003, federal law mandated states to develop and implement standardized statewide training for child welfare workers including specified curriculum. As a result of the federal legislation, the California Social Work Education Center, the Regional Training Academies and CDSS developed the Common Core Curricula with courses beginning in 2005. Existing law additionally mandates foster parents to receive a minimum of 12 hours of foster parent training prior to placement of a foster child and a minimum of eight hours of post-placement training annually. Some counties require significantly more training as a condition of county licensure. These trainings are generally provided by California community colleges and in some counties by California State Universities under the Foster and Kinship Care Education Program initially established in 1984. Group home facility administrators are required to be certified through CDSS-developed and approved programs that include 40 hours of classroom instruction. Group home administrators are also required to renew their certification every two years through 40 hours of classroom or online instruction covering specified curriculum. Existing law requires the Judicial Council to develop training standards for dependency court judges and dependency attorneys, providing the Judicial Council with broad discretion to define the scope of the training. California Rules of Court, Rule 5.660 requires attorneys to complete a minimum of eight hours of initial training or education in the area of juvenile dependency, or have sufficient recent experience in dependency proceedings, and to also complete at least eight hours of continuing education every three years. Rule 5.660 requires the superior court of each county to amend its local rules, and many local courts have established training requirements far exceeding the minimum requirements. Psychotropic medication use in children. Concern over the use of psychotropic medications among children has been well-documented in research journals and the mainstream media for more than a decade. According to a study published in 2011, children who took antipsychotic medications were likely to suffer ill health SB 238 Page 7 effects including "cardiometabolic and endocrine side-effects" as well as significant weight gain. The authors recommended that collaboration between child and adolescent psychiatrists, general practitioners and pediatricians is essential to "reduce the likelihood of premature cardiovascular morbidity and mortality." Court oversight mechanisms. SB 543 (Bowen, Chapter 552, Statutes of 1999) mandated that, once a child has been adjudged a dependent of the state, only the court may authorize psychotropic medications for the child, based on a request from a physician that includes the following: 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. In accordance with this statute, the Administrative Office of the Courts established a series of court documents generally referred to as "the" JV-220, which includes a statement completed and signed by the prescribing physician that includes the child's diagnosis, relevant medical history, other therapeutic services, the medication to be administered, and the basis for the recommendation. Oversight concerns. A broad range of stakeholders have expressed concerns with the efficacy of current oversight mechanisms citing the limited scope of information that is available on the JV-220 and a lack of access to medical experts able to assist in evaluating medical information. Further, due to frequent placement changes of dependent youth, important medical history may not accompany the youth such that prior, or current medication regimens, may not be disclosed to a judge, prescribing physician, social worker or caregiver. Additionally important information related to alternative non-pharmacological treatments that have (or have not) been tried may not be available and this important information is often left blank on the JV-220. Additionally, the JV-220 form has been criticized for offering little opportunity for input from the community of representatives and caregivers involved with the youth except to offer a short window of opportunity to formally object. SB 238 Page 8 Furthermore, the form does not include information related to medically important metabolic screenings. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Assembly Appropriations Committee, this bill may lead to potentially significant one-time costs (GF) to CDSS for the development of the training components, and major costs likely in the low millions of dollars (GF) annually for increased costs incurred by county social workers, public health nurses, and other county staff for time to attend additional training, complete more comprehensive court forms, respond to automatic alerts, provide notifications, and provide additional follow-up. Additionally, the analysis cites ongoing costs of $130,00 ($65,000 GF) to DHCS to fund one researcher position for the preparation of ongoing individualizes monthly report, one-time costs of $150,000 ($100,000 GF) for CDSS to develop the individualized report and associated form and one-time costs of $77,000 (GF) to the Judicial Council to develop and/or update forms. SUPPORT: (Verified9/8/15) County Welfare Directors Association of California (co-source) National Center for Youth Law (co-source) Advokids Alameda County Foster Youth Alliance California Alliance California Court Appointed Special Advocates Children's Advocacy Institute Children's Partnership County Welfare Directors Association of California Dependency Legal Group of San Diego First Focus Campaign for Children Humboldt County Transition Age You Collaboration Legal Advocates for Children and Youth Peers Envisioning and Engaging in Recovery Services Public Counsel's Children's Rights Project Urban Counties Caucus SB 238 Page 9 Youth Law Center Seven individuals OPPOSITION: (Verified 9/8/15) None received ASSEMBLY FLOOR: 79-0, 9/8/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Chávez Prepared by: Sara Rogers / HUMAN S. / (916) 651-1524 9/8/15 21:47:09 **** END ****