SB 1220, as introduced, McGuire. Foster care: psychotropic medication.
Under existing law, only a juvenile court judicial officer may make orders regarding the administration of psychotropic medications for a dependent child or a ward of the court who has been removed from the physical custody of his or her parent, as specified. Existing law requires court authorization for the administration of psychotropic medication to be based on a request from a physician, indicating the reasons for the request, a description of the child’s or ward’s diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Existing law requires the officer to approve or deny the request for authorization to administer psychotropic medication, or set the matter for hearing, as specified, within 7 court days.
This bill would instead require the officer to take one of those actions within 5 court days.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 369.5 of the Welfare and Institutions
2Code is amended to read:
(a) (1) If a child is adjudged a dependent child of the
2court under Section 300 and the child has been removed from the
3physical custody of the parent under Section 361, only a juvenile
4court judicial officer shall have authority to make orders regarding
5the administration of psychotropic medications for that child. The
6juvenile court may issue a specific order delegating this authority
7to a parent upon making findings on the record that the parent
8poses no danger to the child and has the capacity to authorize
9psychotropic medications. Court authorization for the
10administration of psychotropic medication shall be based on a
11request from a physician, indicating the reasons for the request, a
12description of the child’s diagnosis and behavior, the expected
13results of the medication, and a description of any
side effects of
14the medication.
15(2) (A) On or before July 1, 2016, the Judicial Council shall
16amend and adopt rules of court and develop appropriate forms for
17the implementation of this section, in consultation with the State
18Department of Social Services, the State Department of Health
19Care Services, and stakeholders, including, but not limited to, the
20County Welfare Directors Association of California, the County
21Behavioral Health Directors Association of California, the Chief
22Probation Officers of California, associations representing current
23and former foster children, caregivers, and children’s attorneys.
24This effort shall be undertaken in coordination with the updates
25required under paragraph (2) of subdivision (a) of Section 739.5.
26(B) The rules of court and forms developed pursuant to
27subparagraph (A) shall address all of the following:
28(i) The child and his or her caregiver and court-appointed special
29advocate, if any, have an opportunity to provide input on the
30medications being prescribed.
31(ii) Information regarding the child’s overall mental health
32assessment and treatment plan is provided to the court.
33(iii) Information regarding the rationale for the proposed
34medication, provided in the context of past and current treatment
35efforts, is provided to the court. This information shall include,
36but not be limited to, information on other pharmacological and
37nonpharmacological treatments that have been utilized and the
38child’s response to those treatments, a discussion of symptoms not
39alleviated or ameliorated by other current or past treatment efforts,
P3 1and an explanation of how the psychotropic medication being
2prescribed is expected to improve the
child’s symptoms.
3(iv) Guidance is provided to the court on how to evaluate the
4request for authorization, including how to proceed if information,
5otherwise required to be included in a request for authorization
6under this section, is not included in a request for authorization
7submitted to the court.
8(C) The rules of court and forms developed pursuant to
9subparagraph (A) shall include a process for periodic oversight by
10the court of orders regarding the administration of psychotropic
11medications that includes the caregiver’s and child’s observations
12regarding the effectiveness of the medication and side effects,
13information on medication management appointments and other
14followup appointments with medical practitioners, and information
15on the delivery of other mental health treatments that are a part of
16the child’s overall treatment plan. The periodic oversight shall be
17
facilitated by the county social worker, public health nurse, or
18other appropriate county staff. This oversight process shall be
19conducted in conjunction with other regularly scheduled court
20hearings and reports provided to the court by the county child
21welfare agency.
22(b) (1) In counties in which the county child welfare agency
23completes the request for authorization for the administration of
24psychotropic medication, the agency is encouraged to complete
25the request within three business days of receipt from the physician
26of the information necessary to fully complete the request.
27(2) Nothing in this subdivision is intended to change current
28local practice or local court rules with respect to the preparation
29and submission of requests for authorization for the administration
30of psychotropic medication.
31(c) (1) Withinbegin delete sevenend deletebegin insert fiveend insert court days from receipt by the court
32of a completed request, the juvenile court judicial officer shall
33either approve or deny in writing a request for authorization for
34the administration of psychotropic medication to the child, or shall,
35upon a request by the parent, the legal guardian, or the child’s
36attorney, or upon its own motion, set the matter for hearing.
37(2) Notwithstanding Section 827 or any other law, upon the
38approval or denial by the juvenile court judicial officer of a request
39for authorization for the administration of psychotropic medication,
40the county child welfare agency or other person or entity who
P4 1submitted the request shall
provide a copy of the court order
2approving or denying the request to the child’s caregiver.
3(d) Psychotropic medication or psychotropic drugs are those
4medications administered for the purpose of affecting the central
5nervous system to treat psychiatric disorders or illnesses. These
6medications include, but are not limited to, anxiolytic agents,
7antidepressants, mood stabilizers, antipsychotic medications,
8anti-Parkinson agents, hypnotics, medications for dementia, and
9psychostimulants.
10(e) Nothing in this section is intended to supersede local court
11rules regarding a minor’s right to participate in mental health
12decisions.
13(f) This section does not apply to nonminor dependents, as
14defined in subdivision (v) of Section 11400.
Section 739.5 of the Welfare and Institutions Code is
16amended to read:
(a) (1) If a minor who has been adjudged a ward of the
18court under Section 601 or 602 is removed from the physical
19custody of the parent under Section 726 and placed into foster
20care, as defined in Section 727.4, only a juvenile court judicial
21officer shall have authority to make orders regarding the
22administration of psychotropic medications for that minor. The
23juvenile court may issue a specific order delegating this authority
24to a parent upon making findings on the record that the parent
25poses no danger to the minor and has the capacity to authorize
26psychotropic medications. Court authorization for the
27administration of psychotropic medication shall be based on a
28request from a physician, indicating the reasons for the request, a
29description of the minor’s diagnosis and behavior, the expected
30results of
the medication, and a description of any side effects of
31the medication.
32(2) (A) On or before July 1, 2016, the Judicial Council shall
33amend and adopt rules of court and develop appropriate forms for
34the implementation of this section, in consultation with the State
35Department of Social Services, the State Department of Health
36Care Services, and stakeholders, including, but not limited to, the
37County Welfare Directors Association of California, the County
38Behavioral Health Directors Association of California, the Chief
39Probation Officers of California, associations representing current
40and former foster children, caregivers, and minor’s attorneys. This
P5 1effort shall be undertaken in coordination with the updates required
2under paragraph (2) of subdivision (a) of Section 369.5.
3(B) The rules of court and forms developed pursuant to
4subparagraph (A) shall
address all of the following:
5(i) The minor and his or her caregiver and court-appointed
6special advocate, if any, have an opportunity to provide input on
7the medications being prescribed.
8(ii) Information regarding the minor’s overall mental health
9assessment and treatment plan is provided to the court.
10(iii) Information regarding the rationale for the proposed
11medication, provided in the context of past and current treatment
12efforts, is provided to the court. This information shall include,
13but not be limited to, information on other pharmacological and
14nonpharmacological treatments that have been utilized and the
15minor’s response to those treatments, a discussion of symptoms
16not alleviated or ameliorated by other current or past treatment
17efforts, and an explanation of how the psychotropic medication
18being
prescribed is expected to improve the minor’s symptoms.
19(iv) Guidance is provided to the court on how to evaluate the
20request for authorization, including how to proceed if information,
21otherwise required to be included in a request for authorization
22under this section, is not included in a request for authorization
23submitted to the court.
24(C) The rules of court and forms developed pursuant to
25subparagraph (A) shall include a process for periodic oversight by
26the court of orders regarding the administration of psychotropic
27medications that includes the caregiver’s and minor’s observations
28regarding the effectiveness of the medication and side effects,
29information on medication management appointments and other
30followup appointments with medical practitioners, and information
31on the delivery of other mental health treatments that are a part of
32the minor’s overall treatment plan.
This oversight process shall be
33conducted in conjunction with other regularly scheduled court
34hearings and reports provided to the court by the county probation
35agency.
36(b) (1) The agency that completes the request for authorization
37for the administration of psychotropic medication is encouraged
38to complete the request within three business days of receipt from
39the physician of the information necessary to fully complete the
40request.
P6 1(2) Nothing in this subdivision is intended to change current
2local practice or local court rules with respect to the preparation
3and submission of requests for authorization for the administration
4of psychotropic medication.
5(c) (1) Withinbegin delete sevenend deletebegin insert
fiveend insert court days from receipt by the court
6of a completed request, the juvenile court judicial officer shall
7either approve or deny in writing a request for authorization for
8the administration of psychotropic medication to the minor, or
9shall, upon a request by the parent, the legal guardian, or the
10minor’s attorney, or upon its own motion, set the matter for hearing.
11(2) Notwithstanding Section 827 or any other law, upon the
12approval or denial by the juvenile court judicial officer of a request
13for authorization for the administration of psychotropic medication,
14the county probation agency or other person or entity who
15submitted the request shall provide a copy of the court order
16approving or denying the request to the minor’s caregiver.
17(d) Psychotropic medication or psychotropic drugs are those
18medications administered for the purpose of affecting the
central
19nervous system to treat psychiatric disorders or illnesses. These
20medications include, but are not limited to, anxiolytic agents,
21antidepressants, mood stabilizers, antipsychotic medications,
22anti-Parkinson agents, hypnotics, medications for dementia, and
23psychostimulants.
24(e) Nothing in this section is intended to supersede local court
25rules regarding a minor’s right to participate in mental health
26decisions.
27(f) This section does not apply to nonminor dependents, as
28defined in subdivision (v) of Section 11400.
O
99