BILL NUMBER: SB 319	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Beall
   (Coauthor: Senator Monning)

                        FEBRUARY 23, 2015

   An act to amend Section 16501.3 of the Welfare and Institutions
Code, relating to child welfare services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 319, as introduced, Beall. Child welfare services: public
health nursing.
   Existing law requires the State Department of Social Services to
establish a program of public health nursing in the child welfare
services program, and requires counties to use the services of the
foster care public health nurse under this program. Existing law
requires the foster care public health nurse to perform specified
duties, including participating in medical care planning and
coordinating for a child in foster care. Existing law also requires a
county to establish a community child health and disability
prevention program to provide early and periodic assessments of the
health status of children in the county.
   This bill would require a county to provide the services of a
foster care public health nurse to children in foster care by
contracting with the community child health and disability prevention
program established in that county. The bill would require a foster
care public health nurse to monitor and oversee each child in foster
care who is administered one or more psychotropic medications, as
specified. The bill would give the foster care public health nurse
access to the child's medical, dental, and mental health care
information in order to fulfill these duties. By imposing these
additional duties on foster care public health nurses, this bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 16501.3 of the Welfare and Institutions Code is
amended to read:
   16501.3.  (a) The State Department of Social Services shall
establish and maintain a program of public health nursing in the
child welfare services program that meets the federal requirements
for the provision of healthcare to minor and nonminor dependents in
foster care consistent with Section 30026.5 of the Government Code.
The purpose of the public health nursing program shall be to 
identify, respond to, and enhance   promote and protect
 the physical, mental, dental, and developmental well-being of
children in the child welfare system.
   (b) Under this program, counties shall  use  
provide  the services of a foster care public health nurse 
to children in foster care by contracting with the community child
health and disability prevention program established in that county
pursuant to Section 124   040 of the Health and Safety Code
 . The foster care public health nurse  shall work with
the appropriate child welfare services workers to coordinate health
care services  and  the child's social worker shall
consult and collaborate to ensure that the child's physical, mental,
dental, and developmental needs are met. The foster care public
health nurse shall  serve as a liaison with health care
professionals and other providers of health-related services.
 This shall include coordination with county mental health
plans and local health jurisdictions, as appropriate.  
In order to fulfill these duties, the foster care public health nurse
shall have access to the child's medical, dental, and mental health
care information. 
   (c) The duties of a foster care public health nurse shall include,
but need not be limited to, the following:
   (1) Documenting that each child in foster care receives initial
and followup health screenings that meet reasonable standards of
medical practice.
   (2) Collecting health information and other relevant data on each
foster child as available, receiving all collected information to
determine appropriate referral and services, and expediting referrals
to providers in the community for early intervention services,
specialty services, dental care, mental health services, and other
health-related services necessary for the child.
   (3) Participating in medical care planning and coordinating for
the child. This may include, but is not limited to, assisting case
workers in arranging for comprehensive health and mental health
assessments, interpreting the results of health assessments or
evaluations for the purpose of case planning and coordination,
facilitating the acquisition of any necessary court authorizations
for procedures or medications, advocating for the health care needs
of the child and ensuring the creation of linkage among various
providers of care.
   (4) Providing followup contact to assess the child's progress in
meeting treatment goals.
   (5) At the request of and under the direction of a nonminor
dependent, as described in subdivision (v) of Section 11400, 
assist   assisting the nonminor dependent in
accessing physical health and mental health care, coordinating the
delivery of health and mental health care services, advocating for
the health and mental health care that meets the needs of the
nonminor dependent,  and to assist   assisting
the nonminor dependent to make an informed decision to begin or
continue taking psychotropic medications, and assisting  the
nonminor dependent to assume responsibility for his or her ongoing
physical and mental health care management. 
   (6) Monitoring and oversight of each child in foster care who is
administered one or more psychotropic medications. This oversight
shall include the review of each request for psychotropic medication
filed pursuant to Section 369.5 to ensure that lab tests, other
screenings and measurements, evaluations, and assessments required to
meet reasonable standards of medical practice have been completed.
The foster care public health nurse shall also ensure that all of the
following occur:  
   (A) The juvenile court has authorized the psychotropic medication
to be administered to the child.  
   (B) Periodic followup visits with the prescribing physician, lab
work, and other measurements are completed.  
   (C) The child's health and education passport, as described in
Section 16010, includes accurate documentation concerning the
psychotropic medications authorized for and administered to the
child.  
   (D) The medication's efficacy in addressing the illness or
symptoms for which it was prescribed are documented.  
   (E) Any adverse effects of the medication reported by the child's
caregiver are promptly addressed, and, if necessary, brought to the
attention of the court. 
   (d) The services provided by foster care public health nurses
under this section shall be limited to those for which reimbursement
may be claimed under Title XIX at an enhanced rate for services
delivered by skilled professional medical personnel. Notwithstanding
any other  provision of  law, this section shall be
implemented only if, and to the extent that, the department
determines that federal financial participation, as provided under
Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et
seq.), is available.
   (e) (1) The State Department of Health Care Services shall seek
any necessary federal approvals for child welfare agencies to
appropriately claim enhanced federal Title XIX funds for services
provided pursuant to this section.
   (2) Commencing in the fiscal year immediately following the fiscal
year in which the necessary federal approval pursuant to paragraph
(1) is secured, county child welfare agencies shall provide health
care oversight and coordination services pursuant to this section,
and may accomplish this through agreements with local public health
agencies.
   (f) (1) Notwithstanding Section 10101, prior to the 2011-12 fiscal
year, there shall be no required county match of the nonfederal cost
of this program.
   (2) Commencing in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.