BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 253


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          Date of Hearing:   July 14, 2015


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                  Kansen Chu, Chair


          SB  
          253 (Monning) - As Amended July 8, 2015


          SENATE VOTE:  40-0


          SUBJECT:  Dependent children: psychotropic medication.


          SUMMARY:  Modifies juvenile court practices and requirements  
          regarding the authorization of psychotropic medications for  
          foster youth.


          Specifically, this bill:  


          1)Requires the court, as of July 1, 2016, whenever it authorizes  
            the administration of a psychotropic medication, to ensure  
            that such administration is only one part of a comprehensive  
            treatment plan for the child, as specified.


          2)Requires, as of July 1, 2016, an order authorizing the  
            administration of a psychotropic medication to be granted only  
            upon the court's determination that there is clear and  
            convincing evidence that such administration is in the best  
            interest of the child, as specified.  Further prohibits  
            authorization of administration of a psychotropic medication  








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            if it is determined to be for purposes of punishment or staff  
            convenience, or in lieu of less invasive treatments or in  
            quantities or dosages that interfere with a child's treatment  
            plan.


          3)Requires, as of July 1, 2016, an order authorizing the  
            administration of a psychotropic medication to be granted only  
            if the court determines all of the following:


             a)   The court is provided documentation including the  
               written assent or refusal of any child age 12 or older and  
               reflecting that, as specified:  the child's caregiver and  
               the child have been informed about the recommended  
               medications and alternative treatments, the child and  
               caregiver have been given the opportunity to express  
               concerns, and the child has been informed of his or her  
               right to object to the authorization of psychotropic  
               medications;


             b)   The prescribing physician submitting the request for  
               psychotropic medication has conducted a comprehensive  
               examination of the child, as specified;


             c)   The prescribing physician confirms that there are no  
               less invasive treatments available, the dosage is  
               appropriate, the short-and long-term risks do not outweigh  
               the reported benefits to the child, and all appropriate  
               laboratory screenings, measurements, or tests for the child  
               have been completed in accordance with accepted medical  
               guidelines; and


             d)   A plan is in place for regular monitoring, as specified,  
               of the child's medication and psychosocial treatment plan,  
               the effectiveness of such treatments, and potential side  








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               effects.


          1)States that, as of July 1, 2016, the person or entity  
            submitting the request for authorization of the administration  
            of psychotropic medication is responsible, and shall bear the  
            burden of proof, for providing the necessary documentation of  
            the clinical appropriateness of the proposed medication.


          2)Prohibits, as of July 1, 2016, a court from issuing an order  
            authorizing the administration of psychotropic medications for  
            a child without a second independent medical opinion if the  
            request for a psychotropic medication: is for a child under  
            the age of 6, would result in a child being administered three  
            or more psychotropic medications concurrently, is for the  
            concurrent administration of any two drugs from the same  
            class, as specified, or is for a dosage exceeding that  
            recommended for children.


          3)Requires the Department of Health Care Services (DHCS), in  
            collaboration with Judicial Council, to identify resources to  
            assist the courts in securing a second review and second  
            opinions, as specified.


          4)Prohibits, as of July 1, 2016, the court from authorizing the  
            administration of psychotropic medication unless the court is  
            provided with documentation indicating that all appropriate  
            laboratory screenings, measurements, or tests have been  
            completed no more than 45 days prior to the submission of the  
            request to the court, as specified.


          5)Requires the court, as of July 1, 2016, to conduct a review  
            hearing regarding the authorization of a new psychotropic  
            medication, as specified, to determine whether the child is  
            taking the medication(s), whether components of a child's  








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            treatment plan have been provided, the extent to which  
            symptoms have been alleviated, whether more time is needed to  
            evaluate the effectiveness of medication(s), any adverse  
            effects the child has suffered and what steps have been taken  
            to address those effects, the date(s) of follow-up visits with  
            the prescribing physician, and whether the appropriate  
            follow-up laboratory screenings have been performed and their  
            findings.  Further, requires the court, if the benefits of the  
            medication have not been demonstrated or the risks outweigh  
            the benefits, to reconsider, modify, or revoke its  
            authorization for administration of the medication.


          6)Requires, as of July 1, 2016, the child's social worker to  
            submit a report to the court and to counsel for the parties  
            prior to the review hearing that includes information from the  
            child, the child's caregiver, the public health nurse, and any  
            court appointed special advocate.


          7)States that, as of July 1, 2016, the order for authorization  
            is effective until terminated or modified by the court or  
            until 180 days following the date of the order, whichever is  
            earlier.


          8)Provides for, as of July 1, 2016, the administration of  
            psychotropic medications without court authorization in an  
            emergency, as specified, and requires court authorization to  
            be sought as soon as practical but no more than two court days  
            after the emergency administration of medication.


          9)States that, as of July 1, 2016, no person has the authority  
            to administer psychotropic medication to a child who has  
            refused and that a child cannot be forced to take such  
            medication unless otherwise explicitly permitted by statute.










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          10)Requires the Judicial Council to adopt rules of court and  
            develop appropriate forms for the implementation of the  
            changes contained in this bill by July 1, 2016.





          EXISTING LAW:   


          1)Establishes a state and local system of child welfare  
            services, including foster care, for children who have been  
            adjudged by the court to be at risk or have been abused or  
            neglected, as specified.  (WIC 202 et seq.)

          2)Allows a juvenile court to adjudge a child a ward or a  
            dependent of the court for specified reasons, including but  
            not limited to if the child has been left without any  
            provision for support, as specified.  (WIC 300)

          3)Defines "psychotropic medication" or "psychotropic drugs" as  
            those medications administered for the purpose of affecting  
            the central nervous system to treat psychiatric disorders or  
            illnesses.  Further states that these medications include, but  
            are not limited to, anxiolytic agents, antidepressants, mood  
            stabilizers, antipsychotic medications, anti-Parkinson agents,  
            hypnotics, medications for dementia, and psychostimulants.  
          (WIC 369.5 (d))

          4)States that only a juvenile court judicial officer has the  
            authority to make orders for the administration of  
            psychotropic medications for a minor who has been adjudged a  
            dependent of the court.  (WIC 369.5)



          FISCAL EFFECT:  According to the May 28, 2015, Senate  
          Appropriations Committee analysis, this bill may result in the  








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          following costs:


          1)One-time costs of $77,000 (General Fund) related to  
            developing/revising Judicial Council forms and rules of court.  
             (Proposition 30 exempts the State from mandate reimbursement  
            for realigned programs, however, legislation that has an  
            overall effect of increasing the costs already borne by a  
            local agency for realigned programs, including child welfare  
            services, apply to local agencies only to the extent that the  
            State provides annual funding for the cost increase.)  


          2)Annual costs ranging from $0.9 million to $1.8 million  
            (General Fund) for review hearings for approximately 9,000  
            requests for psychotropic medication authorizations each year.


          3)Annual costs of around $1 million (General Fund) for document  
            management related to approximately 9,000 requests for  
            psychotropic medication authorizations per year.


          4)Annual costs of about $1.3 million (Federal Fund/General Fund)  
            for social workers to identify cases that require a second  
            opinion, make arrangements for the youth to be examined by the  
            second medical practitioner, ensure the child's screenings,  
            lab tests, and measurements have occurred no more than 30 days  
            from the date of the request to the court, and attend the  
            additional review hearings. 


          5)Potentially major increase in Medi-Cal program costs in the  
            low millions of dollars (Federal Funds/General Fund) annually  
            to the extent the provisions of this measure result in  
            additional medical examinations for second opinions, as well  
            as an increase in lab screenings, measurements, and tests  
            completed that otherwise would not occur under existing law.   
            While the estimated costs for second medical opinions may be  








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            less than $1 million annually as it will not impact the entire  
            caseload, the requirement to have all appropriate lab  
            screenings and tests within 30 days prior to submission of the  
            request to the court will be required for each authorization. 


          6)Potentially significant off-setting decrease in Medi-Cal  
            program costs (Federal Funds/General Fund) to the extent the  
            enhanced oversight and monitoring process results in reduced  
            utilization of psychotropic medications for this population of  
            youth.  To the extent the reduced utilization of these  
            medications are replaced with alternative treatment  
            options/psychosocial services could result in additional  
            offsetting costs. 


          COMMENTS:  


          Psychotropic medications and foster youth:  Psychotropic  
          medications include drugs prescribed to manage psychiatric and  
          mental health disorders or issues including depression,  
          obsessive-compulsive disorder, attention deficit hyperactivity  
          disorder, bipolar disorder, schizophrenia, and others.  These  
          medications include antipsychotics such as Seroquel,  
          antidepressants like Prozac, mood stabilizers including Lithium,  
          and stimulants like Ritalin.


          There continues to be significant concern over the use of  
          psychotropic medications for children, due to a vast array of  
          side effects (which can include aggressive behavior, hostility,  
          seizures, significant weight gain, and more) and due to the fact  
          that the long-term effects for children using these drugs are  
          largely unknown.  Additionally, many psychotropic medications  
          are prescribed to children "off label" - that is, they are used  
          to treat symptoms other than those for which the Federal Drug  
          Administration originally approved each drug.  While off-label  
          use is not illegal, there are concerns about how well-understood  








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          these medications and their uses are by prescribers and  
          patients.  Over 75% of psychotropic drug use among children and  
          adolescents is believed to be off-label.  One class of  
          psychotropic medications, antipsychotics, raises particular  
          concern; these are potent drugs with a high potential for  
          side-effects, and there is little known about their impact on  
          growth, development, and children's neurological systems.


          Research has repeatedly indicated that children and youth in  
          foster care face higher levels of inappropriate or excessive  
          medication use, and that those foster youth placed in group home  
          settings are particularly vulnerable to over-prescription and  
          misuse of psychotropic medications.  Data provided by the DHCS  
          indicate that, in fiscal year 2013-14, almost 15% of all foster  
          youth in California ages 0 to 20 years old were prescribed at  
          least one psychotropic medication; looking specifically at all  
          foster youth ages 12 through 20, this rate was almost 25% and  
          for youth placed in group homes, it was 50%.


          In late 2011, the U.S. Department of Health and Human Services  
          issued a letter to states encouraging them to coordinate with  
          partners who worked with foster youth to address enhanced  
          efforts to appropriately prescribe and monitor psychotropic  
          medication among children placed in out-of-home care.  As a  
          result, DHCS and the Department of Social Services (DSS)  
          developed the Quality Improvement Project to strengthen the  
          state's Medicaid and child welfare services system by, among  
          other things, improving safe and appropriate prescribing and  
          monitoring of psychotropic drugs; this project has enabled the  
          state to access the knowledge and perspectives of various  
          experts, and has continued to hold various workgroup meetings  
          and set and accomplish objectives related to its mission.   
          Additionally, this Spring, DHCS and DSS released state  
          guidelines for the use of psychotropic medication with children  
          and youth in foster care.










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          Need for this bill:  This is one of four bills proposing a set  
          of reforms aimed at curbing excessive and inappropriate  
          authorization and administration of psychotropic medications  
          among foster youth.  





          According to the author: 

            "Since 1999, juvenile courts have been the decision-makers,  
            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. 





            [This bill] ensures our 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 effects of these medications."  










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          The sponsor of this bill, the National Center for Youth Law,  
          states that, "When more than twenty-five percent of older  
          children and adolescents in foster care are given one or more  
          psychotropic medications, and thousands of children are taking  
          multiple drugs at the same time, when fifty percent of those  
          foster children receiving a psychotropic medication are  
          administered an antipsychotic, it is clear that the current  
          system is failing our children.  A more rigorous process is  
          needed to protect the health and welfare of our foster children.  
           We believe [this bill] will improve decision-making for our  
          children and provide the protections they are entitled to before  
          being given medications that have profound effects upon their  
          well-being."





          Concerns raised:  Various parties, some representing health care  
          providers, have registered concerns with this bill, claiming  
          that some of its provisions may actually have the impact of  
          restricting timely access to medically necessary medications for  
          children.  Specifically, one chief concern they have raised is  
          the requirement that a prescribing physician confirm that he or  
          she has conducted a comprehensive examination, taking into  
          account a number of factors, including the child's trauma and  
          health care history and medical records as well as multiple  
          sources of information including, but not limited to, the child,  
          the child's parents, relatives, teachers, caregiver(s), past  
          prescriber of psychotropic medication, or other health care  
          providers.  The parties registering concern claim that these  
          requirements represent an ideal standard of care that may in  
          actuality be difficult to achieve.











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          Another concern raised is that the requirement that physicians  
          confirm that there are no less invasive or effective treatment  
          interventions available is difficult to operationalize, that  
          physicians may often prescribe a combination of both medications  
          and psycho-social interventions, and that the availability of  
          psycho-social interventions are not under the control of the  
          prescribing physician. 


          Staff comments:  While structures and practices may not  
          currently be in place in the state's child welfare system to  
          always ensure the ready availability of a youth's entire medical  
          history and useful supplementary information, this is arguably  
          not a reason for the state to simply permit the prescription of  
          potentially dangerous drugs to children based on imperfect and  
          incomplete information.  The excessive and inappropriate  
          prescription of psychotropic medication to foster youth in  
          California, and the negative impacts this can have on their  
          lives both in the short- and long-term, is a serious problem  
          that has triggered a number of approaches to reforming the  
          system of psychotropic drug authorization and administration.   
          As various pieces of this reform are adopted and implemented,  
          the hope is that improved collection and sharing of medical and  
          related data will be one result.  In the interim, this bill's  
          allowance for emergency administration of psychotropic  
          medications can facilitate immediate access to such medications  
          when warranted and medically necessary.





          This bill, in seeking to reform the way psychotropic medications  
          are authorized in California, arguably has at its core at least  
          three of the guiding principles of DSS's and DHCS's recently  
          released "California Guidelines for the Use of Psychotropic  
          Medication with Children and Youth in Foster Care": 








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                 "Integration:  These inclusive health care needs  
               [inclusive of physical, emotional/behavioral, and dental  
               health] of a child/youth are expected to be integrated into  
               a health care services plan that provides integrated,  
               coordinated services that are individualized and tailored  
               to the strengths and needs of each child and their family. 



                 Collaboration:  The State and its counties recognize the  
               importance of collaboration with treatment providers,  
               particularly prescribing providers, to ensure the success  
               of these Guidelines and psychotropic medication management  
               reform for children and youth in out of home care served by  
               child welfare and/or probation. 



                 Limitations:  Psychotropic medication is never the sole  
               intervention but should be part of an overall treatment  
               strategy.  Medication also carries the risk of adverse  
               (side) effects, so careful monitoring by the prescriber is  
               essential."



          RELATED LEGISLATION:


          SB 238 (Mitchell), 2015, requires DSS to develop expanded  
          training for foster parents, social workers, group home  
          administrators, and others involved in the care and oversight of  
          dependent children on issues related to psychotropic  
          medications.  Further requires Judicial Council to, in  








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          consultation with other entities, update court forms related to  
          the authorization of psychotropic medications, and requires DSS  
          to establish an individualized monthly report and other tools  
          for use by county welfare agencies to monitor the administration  
          of psychotropic medications to foster youth.  


          SB 319 (Beall), 2015, adds to the duties of foster care public  
          health nurses, including monitoring each child in foster care  
          who is administered one or more psychotropic medications.


          SB 484 (Beall), 2015, requires DSS to compile and post on its  
          Internet Web site specified information regarding the  
          administration of psychotropic medications to children placed in  
          group homes and to establish a methodology for identifying group  
          homes with high levels of psychotropic drug use.  Further  
          establishes certain requirements for those group homes.


           SECOND COMMITTEE OF REFERENCE  .  This bill was previously heard  
          in the Assembly Judiciary Committee on June 30, 2015 and was  
          approved on a 10-0 vote.



          REGISTERED SUPPORT / OPPOSITION:




          Support


          Abode Services


          Advokids









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          Alameda County Board of Supervisors


          Alameda County Foster Youth Alliance (FYA) 


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


          California CASA Association


          California Department of Justice


          California Youth Connection


          Children's Advocacy Institute


          Children's Defense Fund - California (CDF-CA)


          Children's Law Center of California


          Children's Partnership


          Consumer Watchdog


          County Welfare Directors Association of California (CWDA)


          Dependency Legal Group of San Diego








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          First Focus Campaign for Children


          Humboldt County Transition Age Youth Collaboration


          John Burton Foundation for Children without Homes


          National Association of Social Workers, CA Chapter (NASW-CA)


          National Center for Youth Law, sponsor


          Peers Envisioning and Engaging in Recovery Services (PEERS)


          The Children's Partnership


          The Jamestown Community Center


          9 individuals





          Opposition


          


          None on file.








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          Analysis Prepared by:Daphne Hunt / HUM. S. / (916)  
          319-2089