BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 238|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                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  








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          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)









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           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:









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                   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  








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                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








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          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  








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          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.  








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          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








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          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


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