BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   June 30, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          SB  
          253 (Monning) - As Amended June 2, 2015


                              As Proposed to be Amended

          SENATE VOTE:  40-0


          SUBJECT:  foster children: COURT OVERSIGHT OF psychotropic  
          medication


          KEY ISSUE:  IN ORDER TO BETTER PROTECT FOSTER CHILDREN FROM  
          INAPPROPRIATELY BEING PRESCRIBED POTENT PSYCHOTROPIC DRUGS WITH  
          POTENTIALLY SIGNIFICANT SHORT- AND lONG-TERM HEALTH  
          CONSEQUENCES, SHOULD THE LIMITED COURT OVERSIGHT DONE TODAY BE  
          SUBSTANTIALLY IMPROVED?

                                      SYNOPSIS

          This bill is part of a package of bills introduced in response  
          to very troubling, recent reports on the overmedicating of  
          children in the foster care system with psychotropic drugs.   
          Psychotropic medication alters chemical levels in the brain  
          which impact mood and behavior and includes antipsychotics,  
          antidepressants and psychostimulants.  This bill, sponsored by  
          the National Center for Youth Law, seeks to improve ongoing  
          court oversight to help ensure that these powerful drugs are  
          only used when medically necessary and appropriate for the  








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          particular child and that such usage is carefully monitored to  
          ensure any benefits of the medication are not outweighed by its  
          short- and long-term risks.


          In particular, the strengthened oversight in this bill requires  
          that a court determine, by clear and convincing evidence, that  
          administration of the medication is based on the best interest  
          of the child and must include specified documentation and  
          confirmations from the prescribing physician.  This bill also  
          prohibits the authorization of psychotropic medications without  
          a second independent medical opinion under specified  
          circumstances.  


          This bill is supported by a long list of organizations,  
          including the Department of Justice, the Alameda County Board of  
          Supervisors, the county welfare directors and numerous  
          children's organizations.  It has no reported opposition,  
          although several organizations have raised joint concerns about  
          the bill and have been working with the author to address them.   
          The amendments proposed to be taken in this Committee address  
          some, but not all, of their concerns.  Assuming it passes this  
          Committee, this bill will be referred to the Human Services  
          Committee.


          SUMMARY:  Revises and strengthens, as of July 1, 2016, juvenile  
          court oversight requirements for administration of psychotropic  
          medications to dependents who have been removed from their  
          parents.  Specifically, this bill:  


          1)Requires the court to ensure, when authorizing administration  
            of a psychotropic medication, that the medication is only one  
            part of a comprehensive treatment plan for the child, which  
            must specify the psychosocial services the child will receive  
            in addition to any authorized medication.









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          2)Allows the juvenile court to authorize psychotropic medication  
            to a dependent only if the court determines, by clear and  
            convincing evidence, that administration of the medication is  
            in the best interest of the child based on a determination  
            that the anticipated benefits of the psychotropic medication  
            outweigh the short- and long-term risks associated with it.   
            Provides that the medication cannot be ordered if it is being  
            used as a punishment, for staff convenience, as a substitute  
            for less invasive treatments, or in quantities that interfere  
            with the child's treatment program.  Provides that the  
            authorization is effective for no more than 180 days.


          3)Provides that an order authorizing psychotropic medication  
            shall only be granted if the court:


             a)   Is provided documentation confirming the child's  
               caregiver and the child have been informed, in an age and  
               developmentally appropriate manner, about the recommended  
               medications and asked about their concerns, and the child  
               has been informed of his or her right to object to the  
               authorization and request a hearing.

             b)   Is provided with the written assent or refusal to assent  
               from a child who is 12 years of age or older. 

             c)   Determines that the medication is not being used as  
               punishment, for the convenience of staff, as a substitute  
               for less invasive treatments, or in quantities or dosages  
               that interfere with the child's treatment program.

             d)   Determines that the prescribing physician has conducted  
               a comprehensive examination of the child, as defined, and  
               confirm that there are no less invasive and effective  
               treatment options available to meet the child's needs; the  
               dosage is appropriate for the child; the short- and  
               long-term risks do not outweigh the benefits of the  








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               medication; and all appropriate lab screenings for the  
               child have been completed.

             e)   Determines that a plan is in place for regular  
               monitoring of the child's medication and psychosocial  
               treatment plan, the effectiveness of the medication and  
               psychosocial treatment, and any potential side effects of  
               the medication.


          4)Prohibits the authorization of psychotropic medications  
            without a second independent medical opinion by a child  
            psychiatrist or a behavioral pediatrician in any of the  
            following circumstances:


             a)   The child is five years old or less;

             b)   The request would result in the child receiving three or  
               more psychotropic medications concurrently;

             c)   The request is for concurrent medication of two or more  
               drugs; or

             d)   The request is for a dosage amount that exceeds the  
               amount recommended for children.  


          5)Requires the Department of Health Care Services, in  
            collaboration with the Judicial Council, to assist courts in  
            securing second opinions in order to avoid undue delays in  
            authorization of medication.   


          6)Prohibits the court from authorizing the administration of  
            psychotropic medications unless it is provided documentation  
            that all of the appropriate lab tests, done no more than 30  
            days prior to the submission of the request, have been  
            completed. 








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          7)Requires the court, no later than 60 days following an  
            authorization for a new psychotropic medication, or at the  
            next review hearing scheduled no earlier than 45 days after  
            the authorization, to conduct a review hearing.  Requires the  
            social worker to submit a report prior to the review hearing.   
            Requires the court to reconsider, modify or revoke its  
            authorization if it determines that the proffered benefits of  
            the medication have not been demonstrated or that the risks of  
            the medication outweigh the benefits.  


          8)Allows a psychotropic medication to be administrated without  
            court authorization in an emergency, provided that court  
            authorization is sought as soon as practical, but no more than  
            two court days after administering the medication and all of  
            the following are true:


             a)   The physician finds that the child requires the  
               medication to treat a psychiatric disorder or illness;


             b)   The medication is immediately necessary for the  
               preservation of life or prevention of serious bodily harm  
               for the child or others; and 


             c)   It is impractical to obtain court approval prior to  
               administering the medication.


          9)Provides that nothing in the bill grants anyone the authority  
            to administer psychotropic medication to a child who refuses  
            to take the medication.  A child's refusal to take medication  
            is a treatment issue to be resolved by the prescribing  
            physician, and the child cannot be forced to take the  
            medication, unless otherwise permitted by statute.  Provides  








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            that no person may threaten, coerce, withhold privileges or  
            otherwise penalize a child for refusing to take psychotropic  
            medication.  


          EXISTING LAW:    


           1)Provides that a minor may be removed from the physical custody  
            of his or her parents and become a dependent of the juvenile  
            court as the result of abuse or neglect.  (Welfare &  
            Institutions Code Section 300.  Unless stated otherwise, all  
            further statutory references are to that code.)


          2)Authorizes the court to make any and all reasonable orders for  
            the care, supervision, custody, conduct, maintenance and  
            support of a dependent child, including medical treatment.   
            (Section 362.)


          3)Authorizes the court to allow a social worker to authorize the  
            medical, surgical, dental or other remedial care for a  
            dependent child who has been placed by the court under the  
            custody or supervision of a social worker, if it appears there  
            is no parent or guardian capable of authorizing or willing to  
            authorize medical, surgical, dental or other care.  (Section  
            369(c).)


          4)Authorizes a minor who is 12 years of age or older to consent  
            to mental health treatment or counseling services if, in the  
            opinion of the attending professional person, the minor is  
            mature enough to participate intelligently in the mental  
            health treatment or counseling services.  (Health & Safety  
            Code Section 124260(b).)


          5)Provides that only a juvenile court judicial officer shall  








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            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.  Defines "psychotropic medicine" as  
            those medicines administered to treat psychiatric disorders or  
            illnesses and includes anxiolytic agents, antidepressants,  
            mood stabilizers, antipsychotic medications, anti-Parkinson  
            agents, hypnotics, medications for dementia and  
            psychostimulants.  (Section 369.5.)  


          6)Requires 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 minor's diagnosis and behavior, the  
            expected results of the medication and a description of any  
            side effects of the medication.  Requires, within seven court  
            days, the juvenile court to either approve or deny in writing  
            a request for authorization for the administration of  
            psychotropic medication, or to set the matter for hearing.   
            Requires the Judicial Council to adopt rules of court and  
            develop appropriate forms.  (Id.; California Rules of Court,  
            Rule 5.640.)


          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.


          COMMENTS:  This bill is part of a package of bills introduced in  
          response to very troubling, recent reports on the overmedicating  
          of children in the foster care system with psychotropic drugs.   
          Psychotropic medication alters chemical levels in the brain  
          which impact mood and behavior and includes antipsychotics,  
          antidepressants and psychostimulants.  The category of  
          psychotropic medication is fairly broad, intending to treat  
          symptoms of conditions ranging from ADHD to childhood  
          schizophrenia.  Much of the use of psychotropic drugs in  
          children is considered "off label," meaning the use has not been  
          approved by the Food and Drug Administration (FDA) for the  








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          prescribed use, though the practice is legal and common across  
          all manner of pharmaceuticals.


          This bill seeks to improve ongoing court oversight to help  
          ensure that these powerful drugs are only used when medically  
          necessary and appropriate for the particular child and that such  
          usage is very carefully monitored to ensure any benefits of the  
          medication are not outweighed by its short- and long-term risks.


          Background on Use and Misuse of Psychotropic Medication in  
          Foster Children.  Concern over the use of psychotropic  
          medications among children has been growing for years.   
          According to a recent report by the Government Accounting Office  
          (GAO), 18 percent of foster children are taking psychotropic  
          medication, a "rate 2.7 to 4.5 times higher than were nonfoster  
          children in the Medicaid system."  (GAO, Foster Children:  HHS  
          Could Provide Additional Guidance to States Regarding  
          Psychotropic Medications 5, 7 (May 2014), citing data from the  
          Administration for Children and Families' National Survey of  
          Child and Adolescent Well-Being II (NSCAW II).)  The rate for  
          foster children living in group homes is significantly higher  
          than for other foster children - 48 percent, as compared with 14  
          percent who live in non-relative foster homes and 12 percent who  
          live with a relative.  (Id.)  


          Not only are more foster children taking psychotropic  
          medication, but many of them take multiple medications.  The GAO  
          found that of those foster children taking psychotropic  
          medication, 13 percent took three or more such drugs  
          concurrently, even though research is lacking on the efficacy of  
          taking multiple psychotropics concurrently.  (Id. at p. 6.)  The  
          GAO found that increasing "the number of drugs used concurrently  
          increases the likelihood of adverse reactions and long-term side  
          effects, such as high cholesterol or diabetes, and limits the  
          ability to assess which of multiple drugs are related to a  
          particular treatment goal."  (Id. at p. 7 (footnote omitted).)   








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          Additionally, the GAO found that children in the Medicaid  
          system, including foster children, were prescribed doses higher  
          than the maximum recommended for children, noting that:  "Our  
          experts said that this increases the risk of adverse side  
          effects and does not typically increase the efficacy of the  
          drugs to any significant extent."  (Id. at p. 8.)  


          Another recent investigation, this one by the Inspector General  
          of the Department of Health and Human Services, uncovered  
          significant misuse of the most powerful psychotropic medication  
          - antipsychotics - in children receiving these drugs through the  
          Medicaid system, including children in the foster care system.   
          While the second generation antipsychotics (SGAs) reviewed in  
          the report are used to treat serious mental health conditions,  
          they can also "have serious side effects and little clinical  
          research has been conducted on the safety of treating children  
          with these drugs."  (Inspector General, Department of Health and  
          Human Services, Second-Generation Antipsychotic Drug Use Among  
          Medicaid-Enrolled Children:  Quality of Care Concerns 1 (March  
          2015).)


          More disturbingly, the Inspector General examined records for  
          five states, including California, and found that there were  
          quality of care concerns in fully two-thirds of the cases  
          reviewed, including poor monitoring (53 percent of the time),  
          wrong treatment (41 percent), too many drugs (37 percent), taken  
          too long (34 percent), wrong dose (23 percent), taken too young  
          (17 percent), and side effects (7 percent).  (Id. at p. 9.)  As  
          a result, the Inspector General recommended that "children's  
          treatment with SGAs needs careful management and monitoring."   
          (Id. at p. 1.)


          Recent in-Depth Media Coverage Confirms Significant Concerns  
          With Use of Psychotropic Medication in California's Foster  
          Children.  A recent in-depth series of stories published in the  
          San Jose Mercury News  (Karen de Sá, Drugging our kids, San Jose  








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          Mercury News (Aug. - Dec. 2014)) and a more recent article in  
          the Los Angeles Times (Garrett Therolf, Rampant medication use  
          found among L.A. County foster, delinquent kids, Los Angeles  
          Times (Feb. 16, 2015)), highlighted growing concerns that  
          psychotropic medications have been relied on by California's  
          child welfare and children's mental health systems as a means of  
          controlling, instead of treating, youth who suffer from  
          trauma-related behavioral health challenges.  The Mercury News  
          series detailed significant challenges in accessing pharmacy  
          benefits claims data held by the California Department of Health  
          Care Services, eventually overcome through a Public Records Act  
          request and lengthy negotiations, and found that prescribing  
          rates for foster children were far higher than children in the  
          overall population:



               Abandoned and alone, [foster children] are among  
               California's most powerless children.  But instead of  
               providing a stable home and caring family, the state's  
               foster care system gives them a pill.


               With alarming frequency, foster and health care providers  
               are turning to a risky but convenient remedy to control the  
               behavior of thousands of troubled kids: numbing them with  
               psychiatric drugs that are untested on and often not  
               approved for children.


               An investigation by this newspaper found that nearly 1 out  
               of every 4 adolescents in California's foster care system  
               is receiving these drugs - 3 1/2 times the rate for all  
               adolescents nationwide.  Over the last decade, almost 15  
               percent of the state's foster children of all ages were  
               prescribed the medications, known as psychotropics, part of  
               a national treatment trend that is only beginning to  
               receive broad scrutiny.  (Karen de Sá, Drugging our kids:   
               Children in California's foster care system are prescribed  








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               unproven, risky medications at alarming rates, San Jose  
               Mercury News (Aug. 24, 2014).)


          The Mercury News series went on to state that while psychotropic  
          medication is necessary for some children, side-effects, both  
          short- and long-term, are not fully understood and not always  
          fully considered:


               No one doubts that foster children generally have greater  
               mental health needs because of the trauma they have  
               suffered, and the temptation for caregivers to fulfill  
               those needs with drugs can be strong.  In the short term,  
               psychotropics can calm volatile moods and make aggressive  
               children more docile.


               But there is substantial evidence of many of the drugs'  
               dramatic side effects: rapid-onset obesity, diabetes and a  
               lethargy so profound that foster kids describe dozing  
               through school and much of their young lives.  Long-term  
               effects, particularly on children, have received little  
               study, but for some psychotropics there is evidence of  
               persistent tics, increased risk of suicide, even brain  
               shrinkage.  (Id.)

          Despite Requirement for Limited Court Oversight, Protections in  
          Current Law may be Inadequate.  In 1999, the Legislature passed  
          SB 543 (Bowen), Chap. 552, Stats. 1999, which provided that only  
          a juvenile court judicial officer can make orders regarding the  
          administration of psychotropic medications for foster youth.  SB  
          543 also provided that the juvenile court may issue a specific  
          order delegating this authority to a parent if the parent poses  
          no danger to the child and has the capacity to authorize  
          psychotropic medications.  This legislation was passed in  
          response to concerns that foster children were being subjected  
          to excessive use of psychotropic medication, and that judicial  
          oversight was needed to reduce the risk of unnecessary  








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          medication.  The Judicial Council was required to adopt rules of  
          court to implement the new requirement.  Accordingly, Rule of  
          Court 5.640 specifies the process for juvenile courts to follow  
          in authorizing the administration of psychotropic medications  
          and permits courts to adopt local rules to further refine the  
          approval process.


          In 2004, AB 2502 (Keene), Chap. 329, sponsored by a coalition of  
          group homes, actually sped up the process for approving  
          psychotropic medication in foster children by requiring a  
          judicial officer to approve or deny, in writing, a request for  
          authorization to administer psychotropic medication, or set the  
          matter for hearing, within seven days.  


          Despite these measures, concerns remain that psychotropic  
          medication in the child welfare system is overused and  
          underreported, and statutory and regulatory oversight  
          requirements are not always complied with.  The Los Angeles  
          Times discovered, through information obtained from a Public  
          Records Act request, that Los Angeles county failed to report on  
          almost one in three dependent or delinquent children in the  
          county receiving psychotropic medication.  (Garrett Therolf,  
          Rampant medication use found among L.A. County foster,  
          delinquent kids, supra.)  The Mercury News series noted that  
          while the court must approve any authorization to take  
          psychotropics, "forms the courts use often lack critical details  
          and a doctor's expertise is rarely questioned" by the court.   
          (Karen de Sá, Drugging our kids, supra.)  


          A Package of Bills Introduced to Address The Significant  
          Concerns That Foster Children May Be Overmedicated With Strong  
          Psychotropic Medication Without Sufficient Oversight.  In  
          response to the significant and well-placed concerns about the  
          overuse of psychotropic drugs to treat foster children and the  
          need for increased oversight, four bills, including this one,  
          have been introduced in the Legislature this year.  The other  
                                                               







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          three bills in the package are:


          SB 238 (Mitchell and Beall) requires certification and training  
          programs for foster parents, child welfare social workers, group  
          home administrators, dependency court judges and court appointed  
          council to include training on psychotropic medication, trauma,  
          and behavioral health.  This bill also requires the Judicial  
          Council to update forms and rules, and DSS to develop forms and  
          an alert system.  SB 238 is also being heard in this Committee  
          today.




          SB 319 (Beall) expands the duties of the foster care public  
          health nurse to include monitoring and oversight of the  
          administration of psychotropic medication to foster children.   
          This bill was referred to the Assembly Human Services and Health  
          Committees.




          SB 484 (Beall) requires DSS to identify group homes in the  
          foster care system that may be inappropriately administering  
          psychotropic medications to foster youth and to require the  
          submissions of plans from those facilities to reduce  
          inappropriate use of psychotropic medications.  This bill was  
          referred just to the Assembly Human Services Committee.


          This Bill Provides the Critical Court Oversight Piece of the  
          Package.  This comprehensive bill seeks to address the issues  
          related to psychotropic drugs in the foster system by providing  
          a detailed framework the court must use when determining whether  
          to approve the administration of such medication, and requires  
          judicial oversight of the child's ongoing treatment.  Writes the  
          author: 








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               Since 1999, juvenile courts have been the decision-makes,  
               the gatekeepers for authorizing psychotropic medications  
               for children in foster care.  But we have not given the  
               courts standards by which to guide their decision-making  
               and the support necessary to make an informed decision.


               California law upholds the rights of convicted felons  
               confined to our state prisons and county jails, sexually  
               violent predators, and those adjudicated not guilty by  
               reason of insanity to refuse the administration of  
               antipsychotic medications unless specific circumstances  
               exist and due process is afforded them.  Among other  
               protections, they are entitled to counsel, to be present at  
               the hearing and to have decisions made on clear and  
               convincing evidence.  Certainly we can and must afford our  
               foster children even greater protections against the  
               misuses of these medications. 


               SB 253 ensures out juvenile court judges are given the  
               information they need to make informed decisions before  
               authorizing these medications, provides criteria to guide  
               the decision-making, and safeguards our foster children's  
               health and safety by overseeing the affects of these  
               medications. 


          Bill Provides the Court With Better Tools for Evaluating the  
          Administration of Psychotropic Medication for Each Particular  
          Child.  Under existing law, only the court may authorize the use  
          of psychotropic medication for any child in the dependency  
          system.  Rules of court require the prescribing physician to  
          complete and submit an application to the court, known as the  
          "JV-220" form.  The JV-220 requires the inclusion of specific  
          information, including: (1) the child's diagnosis; (2) the  
          specific medication with the recommended maximum daily dosage  








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          and length of time this course of treatment will continue; (3)  
          the anticipated benefits to the child of the use of the  
          medication; (4) a list of any other medications, prescription or  
          otherwise, that the child is currently taking, and a description  
          of any effect these medications may produce in combination with  
          the psychotropic medication; and (5) a statement that the child  
          has been informed in an age-appropriate manner of the  
          recommended course of treatment, the basis for it, and its  
          possible results.  The court is required, upon review of the  
          JV-220, to deny, grant, or modify the application for  
          authorization of psychotropic medication within seven days, or  
          to set the matter for hearing.  The court may also set a date  
          for review of the child's progress and condition.  (See Rules of  
          Court, Rule 5.640.)


          Supporters of this bill argue that courts are often not being  
          provided with the full story.  Upon reviewing a JV-220, a judge  
          may have no indication that the child is already on psychotropic  
          medication, what a proper dosage for a child is, or what less  
          invasive alternatives are available. Supporters further assert  
          that the existing rule, which sets arguably loose parameters and  
          includes no considerations that the court must take into account  
          when evaluating a JV-220, is too broad for judges and courts  
          that may lack the tools to properly evaluate medical  
          recommendations and are overburdened with unmanageable  
          caseloads.  In addition, the current process does not offer any  
          meaningful way for other adults, caretakers, or those who  
          interact with a foster child on a regular basis, to contribute  
          information to a physician's recommendation.  


          Accordingly, this bill ensures that a child and his or her  
          caregiver are informed of the risks and benefits of the  
          prescribed medication, and have had an opportunity to share any  
          concerns with the court.  This bill further requires that the  
          court is provided with the tools to properly analyze the  
          authorization request, including receiving appropriate  
          laboratory reports and tests.  Finally, by requiring the  








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          prescribing physician to confirm that he or she has reviewed the  
          child's medical history in detail, and to provide that  
          information to the court, this bill will help ensure that foster  
          children are not unknowingly being prescribed multiple, and  
          incompatible, psychotropics. 


          In support, the Children's Partnership writes:  


                [A]lmost half of the children in foster care are prescribed  
               psychotropic medications, often without any supportive  
               services or appropriate follow-up care.  The trauma that  
               led these children into foster care is often exacerbated by  
               poorly managed mental health care and the overuse of  
               mind-altering medications.  So, while psychotropic  
               medication is sometimes the right way to help these  
               children and youth, the real world experience with such  
               medications calls for better oversight and management of  
               its use.  . . .  We believe that this bill takes an  
               important step forward in addressing the serious problems  
               that are currently being experienced by children and youth  
               in foster care through inappropriate, poorly managed, and  
               often over-use of psychotropic medications.  


          This Bill Provides for a Second Opinion in the Most  
          Disconcerting Cases, But Also Allows for Emergency  
          Authorization, When Necessary.  This bill requires a second  
          opinion from a child psychologist or psychopharmacologist, prior  
          to the authorization to administer psychotropic medication, in  
          situations where prescribing psychotropics can be most  
          questionable: (1) the medication is for a child five years of  
          age or less; (2) the request would result in the child being  
          administered three or more psychotropic medications  
          concurrently; (3) the request is for a dosage that exceeds the  
          amount recommended for children; or (4) the request is for the  
          administration of a medication subject to a FDA black box  
          warning.  To ensure that even with the second opinion  








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          requirement, children who need psychotropic medication  
          immediately will not be harmed, the bill provides an emergency  
          procedure for the authorization of psychotropic medication if  
          the child is a danger to himself or others and there is not  
          adequate time to provide the court with all the required  
          information prior to the necessary administration of the  
          medication, with a required court petition filed afterwards.   


           Judicial Oversight Continues After Psychotropic Medication Has  
          Been Authorized.  Under existing law, the court is given a few  
          parameters when approving the administration of psychotropic  
          drugs.  However, with regards to oversight and monitoring of the  
          progress of the child once he or she begins taking psychotropic  
          medication, existing law is largely silent.  This bill gives  
          more guidance to the court prior to the administration of the  
          medication, and also creates parameters for the court in  
          exercising oversight after the administration of the medication  
          has begun.  


          Accordingly, this bill requires that the court determine, prior  
          to authorizing a request to administer psychotropic medication  
          to a foster child, that a plan is in place for regular  
          monitoring of the child's medication and psychosocial treatment.  
           This plan must also monitor the effectiveness and the side  
          effects of the medication, and include input from the child's  
          caregiver, mental health care provider, and others who have  
          contact with the child.  Further, this bill requires the court,  
          no later than 60 days following an authorization for a new  
          psychotropic medication, or at the next review hearing scheduled  
          no earlier than 45 days after the authorization, to review how  
          the child is responding to the medication.  The court is  
          required to look at a number of factors, including whether the  
          child is taking the medication, the adverse effects of that  
          medication, any follow-up visits with the prescribing physician,  
          and whether the appropriate follow-up laboratory screenings have  
          been performed.  If, based upon this review, the court  
          determines that the goals in administering the medication are  








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          not being met, or the risks of the medication outweigh the  
          benefits, the court is required to reconsider, modify, or revoke  
          its authorization for the administration of the medication. 


          Concerns Raised That the Bill, With All its Requirements, Could  
          Keep Children Who Need Psychotropic Medication From Receiving it  
          in a Timely Manner, and the Author Proposes Amendments to  
          Address Many of These Concerns.  Concern has been raised by a  
          group of medical associations and group homes, consisting of the  
          California Academy of Child and Adolescent Psychiatry, the  
          California Psychiatric Association, the California Behavioral  
          Health Directors Association, the California Alliance of Child  
          and Family Services and the California Medical Association, that  
          the bill, while attempting to fix a system that needs fixing,  
          could restrict timely access to necessary medications by some  
          foster children.  In response to their concerns, the author  
          proposes to amend the bill in several key ways.  


          First, the bill will no longer give foster youth 14 years of age  
          and older the unilateral right to prevent the court from  
          authorizing a psychotropic medication.  Instead, the judge will  
          be informed whether a youth 12 or older assents or refuses to  
          assent to taking the proposed medication and will be able to  
          consider the youth's assent when deciding whether to authorize  
          the medication.  Second, as discussed above, the bill will allow  
          a psychotropic medication to be administrated without court  
          authorization in an emergency, provided that court authorization  
          is sought right afterwards.  This procedure should help ensure  
          that children who need the medication can quickly get it, but is  
          not so broad that it creates a huge loophole in the law.   
          Finally, the amendments reduce the burden on physicians in terms  
          of what they must consider before prescribing psychotropic  
          medication.


          The concerned groups are appreciative of the changes, but  
          believe that additional amendments are still required in order  








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          to ensure that children who need psychotropic medication can  
          still receive it when appropriate.  In particular, they remain  
          concerned with the requirement for a second opinion of a child  
          psychologist or behavioral pediatrician, because such a  
          psychologist or pediatrician may not be available in the area.   
          However, the emergency exception discussed above should help  
          reduce concerns with getting a second opinion in a timely  
          manner.  The groups are also concerned that doctors may not be  
          provided with all the information they are supposed to review,  
          which these groups acknowledge is the standard of care, and  
          request that perhaps there should be a single point of contact  
          to help them access the required information.  The author is  
          continuing to work with these groups to see if these additional  
          concerns can be addressed.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          National Center for Youth Law (sponsor)


          Accessing Health Services for California's Children in Foster  
          Care Task Force


          Advokids


          Alameda County Board of Supervisors


          Alameda County Foster Youth Alliance









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          American Federation of State, County and Municipal Employees  
          (AFSCME), AFL-CIO


          California Alliance of Child and Family Services (if amended)


          California CASA Association


          California Department of Justice


          California Youth Connection


          Children's Advocacy Institute


          Children's Law Center of California


          Children's Partnership


          Citizens Commission on Human Rights


          Consumer Watchdog


          County Welfare Directors of California


          Dependency Legal Group of San Diego


          Disability Rights California








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          Family Voices of California


          First Place for Youth


          Humboldt County Transition Age Youth Collaboration


          John Burton Foundation


          National Association of Social Workers - California Chapter


          North American Council on Adoptable Children


          Peers Envisioning and Engaging in Recovery Services


          Youth Law Center


          Some individuals




          Opposition


          None on file












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          Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334