BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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               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);









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             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  








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            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.









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          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  








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            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.)









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          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).











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          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  








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          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  








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          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  








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          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'  








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            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  








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            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.








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          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










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          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)










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          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

















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