BILL ANALYSIS Ó SB 484 Page 1 Date of Hearing: July 14, 2015 ASSEMBLY COMMITTEE ON HUMAN SERVICES Kansen Chu, Chair SB 484 (Beall) - As Amended July 8, 2015 SENATE VOTE: 40-0 SUBJECT: Juveniles. SUMMARY: Requires the collection of data on the administration of psychotropic medications to foster youth placed in group homes, and adopts measures aimed at reforming the practices of those group homes with high and inappropriate levels of such administration. Specifically, this bill: 1)Requires the director of the Department of Social Services (DSS) to compile, at least once per year, data from existing data systems, as specified, on the number of children in each facility: a) to whom psychotropic medications were administered; b) ages 6 to 11 to whom psychotropic medications were SB 484 Page 2 administered; c) ages 12 to 17 to whom psychotropic medications were administered; d) for whom the juvenile court preauthorized the administration of psychotropic medication; e) to whom psychotropic medications were administered on an emergency basis; f) to whom antipsychotic, mood stabilizing, or antidepressant medications were administered; g) who received two or more drugs from the same class, as specified; h) who received two or more psychotropic medications concurrently, as specified; i) who received one or more medications for more than 90 days; j) who received psychosocial services alongside psychotropic medication, as specified; aa) who received a dosage of a psychotropic medication that exceeded the maximum dosage approved by the Food and Drug Administration (FDA); SB 484 Page 3 bb) who received metabolic monitoring, as specified, while they receive psychotropic medication; and cc) who were prescribed antipsychotic medications for a use not approved by the FDA. 2)Requires DSS to consult with the foster care ombudsman and the Quality Improvement Project Clinical Workgroup to establish a methodology, by July 1, 2016, for identifying group homes with disproportionately high and inappropriate levels of psychotropic drug usage, per specified criteria. Further, requires periodic review of this methodology. 3)Requires DSS to inspect annually any facility found to have potentially high and inappropriate levels of psychotropic drug usage. Further, requires this annual inspection to include, but not be limited to, the following: a) A review of the facility's: plan of operation, policies, procedures, and practices; child-to-staff ratios; staff qualifications and training; implementation of children's needs and services plans; availability of psychosocial and other alternative treatments to the use of psychotropic medications; other factors that the department determines contribute to disproportionately high and inappropriate levels of psychotropic drug usage; and b) Confidential interviews with youth currently and recently living in the facility and confidential discussions with prescribing physicians, as specified. 4)Requires any facility found through the inspection to have SB 484 Page 4 disproportionately high and inappropriate levels of psychotropic drug usage to submit a plan of correction to DSS, as specified, that may include, but not be limited to: a) An improved crisis management plan, as specified; b) An overall behavioral management plan which shall be trauma-informed; c) A quantifiable goal to decrease the use of antipsychotic medications for behavioral control, multiple prescriptions, and pro re nata ("as needed") medications; and d) A quantifiable goal for improving appropriate metabolic monitoring, as specified. 5)Requires DSS to monitor a facility's implementation of its plan of correction to determine progress, as specified. 6)Requires DSS's Community Care Licensing Division (CCLD) to provide a report to specified entities following an inspection. Further, requires CCLD, under specified circumstances, to report certain concerns to the Medical Board of California and/or to conduct appropriate investigations. 7)Requires DSS to adopt emergency regulations by January 1, 2017, to implement this bill, as specified, and to adopt final regulations by January 1, 2018. Further, permits DSS to implement this bill through all-county letters or similar instructions from the director until emergency regulations are filed with the Secretary of the State. SB 484 Page 5 8)States that nothing in this bill is intended to replace or alter other requirements regarding group home complaints, inspections, or visits. 9)Requires DSS, by January 1, 2017, and in consultation with specified entities, to develop additional performance standards and outcome measures that require group homes to implement programs and services to reduce the utilization of psychotropic medications for children in group homes, as specified. 10)Requires DSS to, at least once per year, post a statewide summary of the data gathered pursuant to this bill on its Internet Web site, as specified. EXISTING LAW: 1)Establishes the California Community Care Facilities Act to provide for the licensure and regulation of community care facilities. (HSC 1500 et seq.) 2)Defines "community care facility" to mean any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, individuals with physical disabilities or mental impairments and abused or neglected children. Includes within this definition, among a number of other facilities: group homes, foster family homes, small family homes, full-service adoption SB 484 Page 6 agencies, noncustodial adoption agencies, and transitional shelters. (HSC 1502) 3)Requires community care facilities operating in California, as specified, to have a valid license. (HSC 1503.5) 4)Requires DSS to conduct unannounced visits of each licensed community care facility, except for foster family homes, and requires that no facility or center be visited less frequently than once every five years. Further requires DSS to conduct annual unannounced visits of licensed facilities under specified circumstances, such as when a license is on probation. Additionally requires annual visits of a random sample of at least 20% of facilities and centers not subject to annual inspections for specified circumstances and states that, should the total citations for this 20% of facilities and centers exceed the previous year's by 10%, the random sample subject to annual inspection shall increase in the next year by 10%. Because of this trigger, 30% of eligible facilities and centers are now randomly sampled each year for inspection. (HSC 1534) 5)Requires DSS, in consultation with group home providers and other stakeholders, to develop performance standards to measure group home program performance. (WIC 11469) 6)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.) SB 484 Page 7 7)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) 8)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)) 9)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, analysis by the Senate Appropriations Committee, this bill may result in the following costs: 1)One-time costs of about $250,000 to compile information on group homes, consult with stakeholders, and develop a methodology to identify group homes for additional scrutiny (Technical Assistance Fund). SB 484 Page 8 2)Ongoing costs of $300,000 to $600,000 per year to conduct annual site visits at group homes identified as having disproportionately high levels of psychotropic medication use by foster youth (Technical Assistance Fund). COMMENTS: Continuum of Care Reform: There has been growing consensus in the field of child welfare, at both the national and state levels, that institutionalized settings for foster youth should be used sparingly. The placement of maltreated children in group home settings has been increasingly viewed as a temporary solution in instances where emergency or crisis treatment is warranted. Yet, as of January 2015, 48% of youth placed in group homes in California via the Child Welfare Services (CWS) system had been there over two years, and 23% had been there over five years. Prior to placement in a group home, it is common for a child to have multiple foster care placements. This type of history can be interpreted as the child being difficult-to-place. However, the Legislature has worked, and continues to work, with various entities in and around the CWS system to focus on family reunification and permanency by seeking ways to best address the needs of foster youth through less restrictive, more supportive placements and services. SB 1013 (Senate Budget and Fiscal Review) Chapter 35, Statutes of 2012, realigned CWS to counties, established a moratorium on the licensing of new group homes, and required DSS to convene a workgroup. This workgroup was charged with examining the use of group homes in California and providing recommendations to the Legislature and the Governor on how to reform this use. In SB 484 Page 9 January 2015, DSS submitted the Continuum of Care (CCR) workgroup report to the Legislature, which included general and fiscal recommendations, alongside recommendations on home-based family care, residential treatment, and performance measures and outcomes. The report reinforced the view that group home settings are best used sparingly and temporarily, stating that: "The foundation of [these] recommendations is that all children, including those in out-of-home care, deserve to grow up in families and develop a sense of community. Their families, including foster families, also at times need assistance and support to address stressors to avert crises. For those children and youth in crisis or whom otherwise initially cannot safely get the appropriate breadth and/or intensity of services they require in a family based setting, they can access high quality, short term, treatment oriented congregate care (which includes planning for a move to home-based family care as soon as reasonably possible)." AB 403 (Stone), currently set to be heard in the Senate Human Services Committee, seeks to implement many of the changes proposed in the CCR workgroup report. 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 SB 484 Page 10 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 FDA originally approved each drug. While off-label use is not illegal, there are concerns about how well-understood 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 shared by the author's office 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, the Department of Health Care Services (DHCS) and 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 SB 484 Page 11 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. 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. Institutionalized settings for foster youth like group homes have come to be seen as placements that should be used sparingly, and only for short periods of time. The concerns raised by group home placements are compounded when considering that one-half of all foster youth placed in them are prescribed psychotropic medications. California is working to reform the continuum of foster care to better serve youth through, among other things, reducing reliance on group homes. However, such reform is involved and complex and therefore will take time. This bill provides a more immediate solution in the interim, aiming to redress the particular problem of high and inappropriate administration of psychotropic medications to youth living in group homes. According to the author: "More than half of the children in our state's institutions for foster children ('group homes') are medicated with powerful psychotropic drugs. Resistance to taking the drugs can be, and is, punished by expulsion from the facility. The most problematic of the medications are the 'antipsychotic' SB 484 Page 12 drugs designed to suppress the most uncontrollable behavior of schizophrenics. As a witness at last year's Congressional hearing said, 'these drugs are too often misused as "chemical straitjackets." This is a haphazard attempt to simply control and suppress undesirable behavior, rather than treat, nurture and develop these treasured young people.' Causes of overmedication include: poorly trained staff; sedated children allow for reduced staffing ratios; lack of therapeutic intervention alternatives; energetic promotion by manufacturers; and lack of state oversight." The sponsor of this bill, the National Center for Youth Law, states that: "This bill addresses a longstanding crisis in many of the group homes in which California foster children are living - the medication of children and youth, often with powerful antipsychotic drugs, to sedate and control behaviors that are natural responses to grief, suffering, and trauma. Nearly four thousand children and adolescents are placed in more than one thousand group homes throughout California. On average, fifty-six percent of the children in group homes are given one or more psychotropic medications, often in lieu of counseling and appropriate care. In contrast, approximately five percent of children placed with relatives and twelve percent of children in foster family homes are administered psychotropic drugs. These psychotropic drugs can cause crippling sedation, morbid obesity, memory loss, diabetes, heart disease, irreversible tremors, other long-term disabilities, and in extreme cases, death. [This bill] requires the identification of group homes suspected of using psychotropic medications inappropriately and specifies the factors to be used in pinpointing those SB 484 Page 13 facilities. Those group homes identified will be inspected to determine what policies or practices within the facility contribute to the misuse of psychotropic medications. A corrective action plan must be prepared by the facility and its implementation monitored by the Department to determine the extent to which the plan has led to reductions in the use of psychotropic medications and the provision of alternative treatments to children. The state is working on long-term solutions to the problem of group homes but overmedicated children and youth in group homes need action now." 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 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 253 (Monning), 2015, modifies juvenile court practices and requirements regarding the authorization of psychotropic medications for foster youth by, among other things, requiring clear and convincing evidence that administration of the medication is in the best interest of the child and, in specified circumstances, prohibiting the authorization of psychotropic medication administration for a child unless a second opinion is obtained from a child psychiatrist or behavioral pediatrician. SB 484 Page 14 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. AB 403 (Stone), 2015, implements Continuum of Care Reform recommendations to better serve children and youth in California's child welfare services system. REGISTERED SUPPORT / OPPOSITION: Support Abode Services Accessing Health Services For California's Children In Foster Care Task Force Advokids California Department of Justice California Youth Connection (CYC) Children Now SB 484 Page 15 Children's Defense Fund - California (CDF-CA) Children's Law Center of California Citizens Commission on Human Rights (CCHR) Consumer Watchdog Dependency Legal Group of San Diego Family Voices of California First Place for Youth Humboldt County Transition Age Youth Collaboration John Burton Foundation for Children Without Homes Legal Services for Prisoners with Children (LSPC) National Association of Social Workers, CA Chapter (NASW-CA) National Center for Youth Law, sponsor North American Council on Adoptable Children (NACAC) SB 484 Page 16 Santa Clara County Board of Supervisors The Children's Partnership The Jamestown Community Center The Mockingbird Society Youth Law Center (YLC) 4 individuals Opposition None on file. Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089 SB 484 Page 17