Senate BillNo. 253


Introduced by Senator Monning

(Principal coauthor: Assembly Member Chiu)

February 18, 2015


An act to amend Section 369.5 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 253, as introduced, Monning. Dependent children: psychotropic medication.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child 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 diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.

This bill would require an order authorizing administration of psychotropic medications to only be granted on clear and convincing evidence of specified matters, and would prohibit the court from authorizing the administration of psychotropic medications for a child unless a 2nd independent medical opinion is obtained from a child psychiatrist or a psychopharmacologist if one or more specified circumstances exist, including if the request is for any class of psychotropic medication for a child who is 5 years of age or younger. The bill would prohibit the court from authorizing the administration of a psychotropic medication unless the court is provided documentation that appropriate screenings and tests for the child have been completed no more than 30 days prior to submission of the request to the court.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 369.5 of the Welfare and Institutions
2Code
is amended to read:

3

369.5.  

(a) If a child is adjudged a dependent child of the court
4under Section 300 and the child has been removed from the
5physical custody of the parent under Section 361, only a juvenile
6court judicial officer shall have authority to make orders regarding
7the administration of psychotropic medications for that child. The
8juvenile court may issue a specific order delegating this authority
9to a parent upon making findings on the record that the parent
10poses no danger to the child and has the capacity to authorize
11psychotropic medications. Court authorization for the
12administration of psychotropic medication shall be based on a
13request from a physician, indicating the reasons for the request, a
14description of the child’s diagnosis and behavior, the expected
15results of the medication, and a description of any side effects of
16the medication. On or before July 1, 2000, the Judicial Council
17shall adopt rules of court and develop appropriate forms for
18implementation of this section.

begin insert

19(b) An order authorizing the administration of psychotropic
20medications pursuant to this section shall only be granted on clear
21and convincing evidence of all of the following:

end insert
begin insert

22(1) The medication is not being used as a chemical restraint.

end insert
begin insert

23(2) If the child is 12 years of age or older, the child, after being
24advised of alternative treatments and informed of the benefits and
25 risks of the medication, has given his or her informed consent.

end insert
begin insert

26(3) The prescribing physician submitting the request for
27psychotropic medication conducted a comprehensive examination
28of the child in compliance with Section 2242 of the Business and
29Professions Code that takes into account the child’s trauma history.

end insert
begin insert

30(4) The prescribed dosage is appropriate for the child’s age.

end insert
begin insert

P3    1(5) The short- and long-term risks associated with the use of
2psychotropic medications by the child does not outweigh the
3 reported benefits to the child.

end insert
begin insert

4(6) There are no less invasive treatment options available other
5than the administration of psychotropic medications.

end insert
begin insert

6(c) A court shall not issue an order authorizing the
7administration of psychotropic medications for a child unless a
8second independent medical opinion is obtained from a child
9psychiatrist or a psychopharmacologist if one or more of the
10following circumstances exist:

end insert
begin insert

11(1) The request is for any class of psychotropic medication for
12a child who is five years of age or younger.

end insert
begin insert

13(2) The request would result in the child being administered
14multiple psychotropic medications concurrently.

end insert
begin insert

15(3) The request is for the concurrent administration of any two
16drugs from the same class unless the request is for medication
17tapering and replacement that is limited to no more than 30 days.

end insert
begin insert

18(4) The request is for a dosage that exceeds the amount
19recommended for children.

end insert
begin insert

20(d) The court shall not authorize the administration of the
21psychotropic medication unless the court is provided
22documentation all the appropriate lab screenings, measurements,
23or tests for the child have been completed in accordance with the
24accepted medical guidelines no more than 30 days prior to
25submission of the request to the court.

end insert
begin delete

26(b)

end delete

27begin insert(end insertbegin inserte)end insert (1) In counties in which the county child welfare agency
28completes the request for authorization for the administration of
29psychotropic medication, the agency is encouraged to complete
30the request within three business days of receipt from the physician
31of the information necessary to fully complete the request.

32(2) Nothing in this subdivision is intended to change current
33local practice or local court rules with respect to the preparation
34and submission of requests for authorization for the administration
35of psychotropic medication.

begin delete

36(c)

end delete

37begin insert(end insertbegin insertf)end insert Within seven court days from receipt by the court of a
38completed request, the juvenile court judicial officer shall either
39approve or deny in writing a request for authorization for the
40administration of psychotropic medication to the child, or shall,
P4    1upon a request by the parent, the legal guardian, or the child’s
2attorney, or upon its own motion, set the matter for hearing.

begin delete

3(d)

end delete

4begin insert(end insertbegin insertg)end insert Psychotropic medication or psychotropic drugs are those
5medications administered for the purpose of affecting the central
6nervous system to treat psychiatric disorders or illnesses. These
7medications include, but are not limited to, anxiolytic agents,
8 antidepressants, mood stabilizers, antipsychotic medications,
9anti-Parkinson agents, hypnotics, medications for dementia, and
10psychostimulants.

begin delete

11(e)

end delete

12begin insert(end insertbegin inserth)end insert Nothing in this section is intended to supersede local court
13rules regarding a minor’s right to participate in mental health
14decisions.

begin delete

15(f)

end delete

16begin insert(end insertbegin inserti)end insert This section shall not apply to nonminor dependents, as
17defined in subdivision (v) of Section 11400.



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