BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              SB 319
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          |Author:   |Beall                                                 |
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          |----------+-----------------------+-----------+-----------------|
          |Version:  |March 26, 2015         |Hearing    |April 21, 2015   |
          |          |                       |Date:      |                 |
          |----------+-----------------------+-----------+-----------------|
          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sara Rogers                                           |
          |:         |                                                      |
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              Subject:  Child welfare services:  public health nursing


            SUMMARY
          
            This bill expands the duties of the foster care public health  
           nurse to include monitoring and oversight of the administration  
            of psychotropic medication to foster children, as specified.  
          This bill also requires counties to provide child welfare public  
           health nursing services by contracting with the community child  
             health and disability prevention program established by the  
                                       county.

            ABSTRACT


          Existing law:

             1)   Establishes a program of public health nursing in the  
               child welfare services program that provides health-related  
               case management services from a foster care public health  
               nurse to coordinate with child welfare service workers  
               regarding the provision of health care services to children  
               in foster care. (WIC 16501.3)


             2)   Specifies, but does not limit, the health related case  
               management duties of the foster care public health nurse to  
               include documenting that each child receives initial and  
               follow-up screenings, collecting health information and  








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               other relevant data, expediting referrals, facilitating the  
               acquisition of necessary court authorizations for  
               procedures or medications, and others. (WIC 16501.3)


             3)   Limits the scope of services provided by the foster care  
               public health nurse to services reimbursable under Title  
               XIX of the federal Social Services Act, which provides a  
               75% match for health-related case management, but which  
               excludes the direct provision of health care services. (WIC  
               16501.3 and 42 USC Sec. 1396)


             4)   Requires counties to establish a community child health  
               and disability prevention program for the purpose of  
               providing early and periodic assessments of the health  
               status of children in the county or counties and provides  
               that counties shall be reimbursed for the amount required  
               in accordance with the approved community child health and  
               disability prevention plan. (HSC 124040 and 124065)


             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. (WIC 395.5)


          
          This bill:

             1)   Requires counties to provide child welfare public health  
               nursing services by contracting with the community child  
               health and disability prevention program established by the  
               county.


             2)   Recasts the requirement for collaboration between the  
               foster care public health nurse and the child's social  
               worker, requiring both to consult and collaborate to ensure  
               that the child's physical, mental, dental and developmental  
               needs are met and to and share information in a timely  
               manner 









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             3)   Provides that the foster care public health nurse shall  
               have access to the child's medical, dental and mental  
               health care information.


             4)   Assigns the following additional duties to the foster  
               care public health nurse:

                           Monitoring and oversight of each child in  
                    foster care who is administered one or more  
                    psychotropic medications, including the review of each  
                    court request pursuant to WIC 395.5, to ensure that  
                    lab tests, and other specified assessments required to  
                    meet reasonable standards of medical practice have  
                    been completed.
                           Ensuring the juvenile court has authorized the  
                    psychotropic medication to be administered to the  
                    child.
                           Ensuring periodic followup visits with the  
                    prescribing physician, lab work, and other measurments  
                    are completed.
                           Ensuring the child's health and education  
                    passport includes accurate documentation concerning  
                    authorized psychotopic medication.
                           Assessing, monitoring, and documenting the  
                    response of the child to the administration of  
                    psychotropic medication through review and  
                    interpretation of the laboratory tests, reports by the  
                    child and caregiver, and other screenings.
                           Ensuring that any adverse effects of the  
                    medication reported by the child or child's caregiver  
                    are promptly addressed, and, if necessary, brought to  
                    the attention of the court, the child's social worker,  
                    or both.

             1)   Authorizes a provider of health care to disclose medical  
               information to the foster care public health nurse acting  
               pursuant to scope of the public health nursing program  
               established in statute.












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             2)   Authorizes the disclosure of information and records  
               obtained in the course of providing services under  
               specified divisions of the Welfare and Institutions Code  
               pertaining to specified state and county mental health  
               services and services related to developmental disabilities  
               to the foster care public health nurse.

            FISCAL IMPACT
          
          This bill has not been analyzed by a fiscal committee.

            





          BACKGROUND AND DISCUSSION


          Purpose of the bill:


          The author states that nearly one in four foster children and 56  
          percent of children in group homes are receiving psychotropic  
          drugs, often without adequate oversight. The author further  
          states that without adequate oversight, these medications can  
          cause irreversible damage, and many youth experience long-term  
          side effects, including diabetes, heart disease, irreversible  
          tremors, tics, weight gain and drowsiness. According to the  
          author, this bill utilizes public health nurses to oversee the  
          medical monitoring of psychotropic drugs to increase oversight  
          and reduce the number of children prescribed these drugs.


          The Health Care Program for Children in Foster Care (HCPCFC) 

          HCPCFC implements California statute establishing a program of  
          public health nursing within the child welfare services system.  
          According to the Department of Health Care Services, the program  
          provides public health nurse expertise to meet the medical,  
          dental, mental and developmental needs of children and youth in  
          foster care. Currently, administrative responsibilities for the  
          program are managed by the local Child Health and Disability  









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          Prevention (CHDP) program. Under the program, public health  
          nurses provide the following services in consultation and  
          collaboration with social workers and probation officers.

                   "          Medical and health care case planning
                   "          Assistance foster caregivers in obtaining  
                     timely health assessments and dental examinations for  
                     children
                   "          Expediting referrals for medical, dental,  
                     mental health and developmental services
                   "          Coordinating health services for children in  
                     out-of-county and out-of-state placements;
                   "          Providing medical education through the  
                     interpretation of medical reports and training
                   "          Participating in the creation and updating  
                     of the Health and Education Passport


          Child Health and Disability Prevention Program (CHDP)

          According to the Department of Health Care Services which  
          oversees CHDP, this preventive program delivers "periodic health  
          assessments and services to low income children and youth in  
          California including care coordination to assist families with  
          medical appointment scheduling, transportation, and access to  
          diagnostic and treatment services. Health assessments are  
          provided by enrolled private physicians, local health  
          departments, community clinics, managed care plans, and some  
          local school districts. The CHDP program provides complete  
          health assessments for the early detection and prevention of  
          disease and disabilities for low-income children and youth. A  
          health assessment consists of a health history, physical  
          examination, developmental assessment, nutritional assessment,  
          dental assessment, vision and hearing tests, a tuberculin test,  
          laboratory tests, immunizations, health education/anticipatory  
          guidance, and referral for any needed diagnosis and  
          treatment."<1>


          Psychotropic Medication Use in Children


          ---------------------------
          <1>  http://www.dhcs.ca.gov/services/chdp/Pages/default.aspx  










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          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. The category of psychotropic  
          medication is fairly broad, intending to treat symptoms of  
          conditions ranging from ADHD to childhood schizophrenia. Some of  
          the drugs used to treat these conditions are FDA-approved,  
          including stimulants like Ritalin for ADHD, however only about  
          31 percent of psychotropic medications have been approved by the  
          U.S. Food and Drug Administration (FDA) for use in children or  
          adolescents. It is estimated that more than 75 percent of the  
          prescriptions written for psychiatric illness in this population  
          are "off label" in usage, meaning they have not been approved by  
          the FDA for the prescribed use, though the practice is legal and  
          common across all manner of pharmaceuticals.<2>


          Anti-psychotic medications, used to treat more severe mental  
          health conditions, include powerful brand-name drugs such as  
          Haldol, Risperdal, Abilify, Seroquel and Zyprexa. They have very  
          limited approval by the FDA for pediatric use beyond rare and  
          severe conduct problems that are resistant to other forms of  
          treatment, such as Tourette's syndrome, behavioral symptoms  
          associated with autistic disorder, childhood schizophrenia, and  
          bipolar disorder.<3> However, the off-label use of these  
          anti-psychotics among children is high, particularly among  
          foster children. According to a study published in 2011,  
          children who took antipsychotic medications were likely to  
          suffer ill health effects including "cardio metabolic and  


          ---------------------------


          <2>https://www.magellanprovider.com/mhs/mgl/providing_care/clinic 
          al_guidelines/clin_monographs/psychotropicdrugsinkids.pdf


          <3> Harrison, et al, "Antipsychotic Medication Prescribing  
          Trends in Children and Adolescents," Journal of Pediatric Health  
          care, March 2012.















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          endocrine side-effects" as well as significant weight gain.<4>  
          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." 


          Compounding the potential for unintended side effects is the use  
          of combinations of psychotropic medications, which foster youth  
          are particularly likely to be prescribed, despite limited  
          evidence of clinical efficacy.<5> Protecting the health and  
          well-being of children who are taking one or more psychotropic  
          medication requires extensive and ongoing health and metabolic  
          screenings to identify potential adverse effects quickly,  
          however in practice many children many fail to receive ongoing  
          screenings and adverse effects may go undetected causing  
          permanent injury or death.


          Drugging our Children Media Series

          A recent series of stories published in the San Jose Mercury  
          News<6> and most recently in the Los Angeles Times, 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  
          series detailed significant challenges in accessing pharmacy  
          benefits claims data held by the California Department of Health  
          Care Services (DHCS), eventually overcome through a Public  
          Records Act request and lengthy negotiations, and demonstrated  
          that prescribing rates were far higher than had been anticipated  
          by child welfare system experts.

          ---------------------------
          <4> DeHert, Dobbelaere, Sheridan, et al "Metabolic and endocrine  
          adverse effects of second-generation antipsychotics in children  
          and adolescents: A systematic review of randomized, placebo  
          controlled trials and guidelines for clinical practice,"  
          European Psychiatry, April 2011, pgs 144-58.


          <5>  http://www.ncbi.nlm.nih.gov/pubmed/25022817  


          <6> Drugging our Kids. Karen De Sa. San Jose Mercury News.










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          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:<7> 

                 The reasons for the request;
                 A description of the child's diagnosis and behavior;
                 The expected results of the medication; 
                 A description of any side effects of the medication. 


          Related legislation:


          SB 238 (Mitchell, 2015) requires specified certification and  
          training programs for group home administrators, foster parents,  
          child welfare social workers, dependency court judges and court  
          appointed council to include training on psychotropic  
          medication, trauma, and behavioral health, as specified, for  
          children receiving child welfare services. This bill requires  
          the Judicial Council to update court forms pertaining to the  
          authorization of psychotropic medication, and requires CDSS to  
          develop an individualized monthly report, a form to share  
          information and an alert system, used by county child welfare  
          agencies, regarding the administration of psychotropic  
          medication for a foster youth.


          SB 253 (Monning, 2015) provides that an order of the juvenile  
          court authorizing psychotropic medication shall require clear  
          and convincing evidence of specified conditions. This bill also  
          prohibits the authorization of psychotropic medications without  
          a second independent medical opinion under specified  
          circumstances. Furthermore, this bill prohibits the  
          authorization of psychotropic medications unless the court is  
          provided documentation that appropriate lab screenings,  
          measurements, or tests have been completed, as specified. This  
          bill also requires the court, no later than 45 days following an  
          authorization for psychotropic medication, to conduct a review  



          ---------------------------


          <7> WIC 369.5






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          to determine specified information regarding the efficacy of the  
          child's treatment plan.


          SB 484 (Beall, 2015) requires the CDSS to publish and make  
          available to interested persons specified information regarding  
          the administration of psychotropic medication in residential  
          facilities serving dependent children. Additionally, this bill  
          requires CDSS to inspect facilities at least once per year, as  
          specified, if the facility is determined to have a higher than  
          average rate of psychotropic medication authorization rate for  
          children residing in the facility and to monitor corrective  
          action plans, as specified.


            POSITIONS
                                          
          Support:
               National Center for Youth Law (Sponsor)
               Advokids
               Alameda County Board of Supervisors
               Alameda County Foster Youth Alliance
               California Alliance
               California Court Appointed Special Advocates (CASA)
               California Nurses Association
               California Youth Connection 
               Children's Advocacy Institute
               Children Now
               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
               John Burton Foundation for Children Without Homes
               Legal Advocates for Children and Youth
               LIUNA Locals 777 & 792
               Peers Envisioning and Engaging in Recovery Services
               Public Counsel's Children's Rights Project
               Youth Law Center
               9 individuals
                    

          Oppose:
               None.









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