BILL NUMBER: SB 1220	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2016
	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator McGuire

                        FEBRUARY 18, 2016

   An act to amend  Sections 369.5 and 739.5  
Section 16501.1  of the Welfare and Institutions Code, relating
to  foster care.   child welfare services. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1220, as amended, McGuire.  Foster care: psychotropic
medication.   Child welfare services: case plans:
behavioral health services.  
   Existing law requires a county social worker to create a case plan
for foster youth within a specified timeframe after the child is
introduced into the foster care system. Existing law requires the
case plan to be developed considering the recommendations of the
child and family team according to specified requirements, including,
among others, a requirement that the child be involved in developing
the case plan as age and developmentally appropriate.  
   This bill would also require, for a child who has been assessed as
needing behavioral health services, the case plan to include a
summary or copy of the treatment plan developed for the child, or, if
the treatment plan has not yet been finalized, the case plan to
indicate that fact and be updated at the next regular court hearing
after the treatment plan has been finalized. By imposing this duty on
county social workers, 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 no reimbursement is required by this
act for a specified reason.  
   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.
 
   This bill would, except under emergency conditions, authorize the
juvenile court to make an order for the administration of
psychotropic medication only if a treatment plan is attached to the
physician's request. The bill would, for these purposes, require a
treatment plan to include, among other things, appropriate treatments
and interventions to address root causes contributing to the child's
emotional, cognitive, or behavioral dysregulation. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 16501.1 of the  
Welfare and Institutions Code   is amended to read: 
   16501.1.  (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
   (3) The agency shall consider the recommendations of the child and
family team, as defined in paragraph (4) of subdivision (a) of
Section 16501, if any are available. The agency shall document the
rationale for any inconsistencies between the case plan and the child
and family team recommendations.
   (b) (1) A case plan shall be based upon the principles of this
section and the input from the child and family team.
   (2) The case plan shall document that a preplacement assessment of
the service needs of the child and family, and preplacement
preventive services, have been provided, and that reasonable efforts
to prevent out-of-home placement have been made. Preplacement
services may include intensive mental health services in the home or
a community setting and the reasonable efforts made to prevent
out-of-home placement.
   (3) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
   (4) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, detained
by the United States Department of Homeland Security, or deported to
his or her country of origin, the case plan shall include
information, to the extent possible, about a parent's incarceration
in a county jail or the state prison, detention by the United States
Department of Homeland Security, or deportation during the time that
a minor child of that parent is involved in dependency care.
   (5) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
   (6) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) If out-of-home placement is used to attain case plan goals,
the case plan shall consider the recommendations of the child and
family team.
   (d) (1) The case plan shall include a description of the type of
home or institution in which the child is to be placed, and the
reasons for that placement decision. The decision regarding choice of
placement shall be based upon selection of a safe setting that is
the least restrictive family setting that promotes normal childhood
experiences and the most appropriate setting that meets the child's
individual needs and is available, in proximity to the parent's home,
in proximity to the child's school, and consistent with the
selection of the environment best suited to meet the child's special
needs and best interests. The selection shall consider, in order of
priority, placement with relatives, nonrelated extended family
members, and tribal members; foster family homes, resource families,
and nontreatment certified homes of foster family agencies; followed
by treatment and intensive treatment certified homes of foster family
agencies; or multidimensional treatment foster care homes or
therapeutic foster care homes; group care placements in the order of
short-term residential treatment centers, group homes, community
treatment facilities, and out-of-state residential treatment pursuant
to Part 5 (commencing with Section 7900) of Division 12 of the
Family Code.
   (2) If a short-term intensive treatment center placement is
selected for a child, the case plan shall indicate the needs of the
child that necessitate this placement, the plan for transitioning the
child to a less restrictive environment, and the projected timeline
by which the child will be transitioned to a less restrictive
environment. This section of the case plan shall be reviewed and
updated at least semiannually.
   (A) The case plan for placements in a group home, or commencing
January 1, 2017, in a short-term residential treatment center, shall
indicate that the county has taken into consideration Section
16010.8.
   (B) After January 1, 2017, a child and family team meeting as
defined in Section 16501 shall be convened by the county placing
agency for the purpose of identifying the supports and services
needed to achieve permanency and enable the child or youth to be
placed in the least restrictive family setting that promotes normal
childhood experiences.
   (3) On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving AFDC-FC
benefits up to 21 years of age pursuant to Section 11403, in
addition to the above requirements, the selection of the placement,
including a supervised independent living placement, as described in
subdivision (w) of Section 11400, shall also be based upon the
developmental needs of young adults by providing opportunities to
have incremental responsibilities that prepare a nonminor dependent
to transition to successful adulthood. If admission to, or
continuation in, a group home or short-term residential treatment
center placement is being considered for a nonminor dependent, the
group home or short-term residential treatment center placement
approval decision shall include a youth-driven, team-based case
planning process, as defined by the department, in consultation with
stakeholders. The case plan shall consider the full range of
placement options, and shall specify why admission to, or
continuation in, a group home placement is the best alternative
available at the time to meet the special needs or well-being of the
nonminor dependent, and how the placement will contribute to the
nonminor dependent's transition to successful adulthood. The case
plan shall specify the treatment strategies that will be used to
prepare the nonminor dependent for discharge to a less restrictive
family setting that promotes normal childhood experiences, including
a target date for discharge from the group home placement. The
placement shall be reviewed and updated on a regular, periodic basis
to ensure that continuation in the group home placement remains in
the best interests of the nonminor dependent and that progress is
being made in achieving case plan goals leading to successful
adulthood. The group home placement planning process shall begin as
soon as it becomes clear to the county welfare department or
probation office that a foster child in group home placement is
likely to remain in group home placement on his or her 18th birthday,
in order to expedite the transition to a less restrictive family
setting that promotes normal childhood experiences, if he or she
becomes a nonminor dependent. The case planning process shall include
informing the youth of all of his or her options, including, but not
limited to, admission to or continuation in a group home placement.
Consideration for continuation of existing group home placement for a
nonminor dependent under 19 years of age may include the need to
stay in the same placement in order to complete high school. After a
nonminor dependent either completes high school or attains his or her
19th birthday, whichever is earlier, continuation in or admission to
a group home placement is prohibited unless the nonminor dependent
satisfies the conditions of paragraph (5) of subdivision (b) of
Section 11403, and group home placement functions as a short-term
transition to the appropriate system of care. Treatment services
provided by the group home placement to the nonminor dependent to
alleviate or ameliorate the medical condition, as described in
paragraph (5) of subdivision (b) of Section 11403, shall not
constitute the sole basis to disqualify a nonminor dependent from the
group home placement.
   (4) In addition to the requirements of paragraphs (1) to (3),
inclusive, and taking into account other statutory considerations
regarding placement, the selection of the most appropriate home that
will meet the child's special needs and best interests shall also
promote educational stability by taking into consideration proximity
to the child's school of origin, and school attendance area, the
number of school transfers the child has previously experienced, and
the child's school matriculation schedule, in addition to other
indicators of educational stability that the Legislature hereby
encourages the State Department of Social Services and the State
Department of Education to develop.
   (e) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing
conducted pursuant to Section 366.26, but no less frequently than
once every six months. Each updated case plan shall include a
description of the services that have been provided to the child
under the plan and an evaluation of the appropriateness and
effectiveness of those services.
   (1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
   (2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services/Case
Management System (CWS/CMS) to account for the 60-day timeframe for
preparing a written case plan.
   (f) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (g) The case plan shall be developed considering the
recommendations of the child and family team, as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the placement agency contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or probation officer, or a social worker or probation
officer on the staff of the agency in the state in which the child
has been placed, shall visit the child in a foster family home or the
home of a relative, consistent with federal law and in accordance
with the department's approved state plan. For children in
out-of-state group home facilities, visits shall be conducted at
least monthly, pursuant to Section 16516.5. At least once every six
months, at the time of a regularly scheduled placement agency contact
with the foster child, the child's social worker or probation
officer shall inform the child of his or her rights as a foster
child, as specified in Section 16001.9. The social worker or
probation officer shall provide the information to the child in a
manner appropriate to the age or developmental level of the child.
   (5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
   (B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) A case plan shall ensure the educational stability of the
child while in foster care and shall include both of the following:
   (A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
   (B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for the
child and appropriate local educational agencies to ensure that the
child remains in the school in which the child is enrolled at the
time of placement or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
   (9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
   (11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
Commencing January 1, 2012, for nonminor dependents, as defined in
subdivision (v) of Section 11400, who are receiving AFDC-FC or
CalWORKs assistance up to 21 years of age pursuant to Section 11403,
the transitional independent living case plan, as set forth in
subdivision (y) of Section 11400, shall be developed with, and signed
by, the nonminor.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21, 366.22, or 366.25 of this code as evidence.
   (13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
   (14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
   (15) (A) If the case plan has as its goal for the child a
permanent plan of adoption or legal guardianship, it shall include a
statement of the child's wishes regarding their permanent placement
plan and an assessment of those stated wishes. The agency shall also
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, or a legal guardian, and to finalize the adoption
or legal guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption.
Regardless of whether the child has been freed for adoption,
documentation shall include a description of any barriers to
achieving legal permanence and the steps the agency will take to
address those barriers. If the plan is for kinship guardianship, the
case plan shall document how the child meets the kinship guardianship
eligibility requirements.
   (B) When the child is 16 years of age or older and is in another
planned permanent living arrangement, the case plan shall identify
the intensive and ongoing efforts to return the child to the home of
the parent, place the child for adoption, place the child for tribal
customary adoption in the case of an Indian child, establish a legal
guardianship, or place the child nonminor dependent with a fit and
willing relative, as appropriate. Efforts shall include the use of
technology, including social media, to find biological family members
of the child.
   (16) (A) (i) For a child who is 14 or 15 years of age, the case
plan shall include a written description of the programs and services
that will help the child, consistent with the child's best
interests, to prepare for the transition from foster care to
successful adulthood. The description may be included in the document
described in subparagraph (A) of paragraph (18).
   (ii) When appropriate, for a child who is 16 years of age or older
and, commencing January 1, 2012, for a nonminor dependent, the case
plan shall include the transitional independent living plan (TILP), a
written description of the programs and services that will help the
child, consistent with the child's best interests, to prepare for the
transition from foster care to successful adulthood, and, in
addition, whether the youth has an in-progress application pending
for Title XVI Supplemental Security Income benefits or for Special
Immigrant Juvenile Status or other applicable application for legal
residency and an active dependency case is required for that
application. When appropriate, for a nonminor dependent, the
transitional independent living case plan, as described in
subdivision (v) of Section 11400, shall include the TILP, a written
description of the programs and services that will help the nonminor
dependent, consistent with his or her best interests, to prepare for
transition from foster care and assist the youth in meeting the
eligibility criteria set forth in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403. If applicable, the case plan
shall describe the individualized supervision provided in the
supervised independent living placement as defined in subdivision (w)
of Section 11400. The case plan shall be developed with the child or
nonminor dependent and individuals identified as important to the
child or nonminor dependent, and shall include steps the agency is
taking to ensure that the child or nonminor dependent achieves
permanence, including maintaining or obtaining permanent connections
to caring and committed adults.
   (B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)
(iii)), whether during that period foster care maintenance payments
are being made on the child's behalf or the child is receiving
benefits or services under Section 477 of the federal Social Security
Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency
staff or probation officer and other representatives of the
participant, as appropriate, shall provide the youth or nonminor
dependent with assistance and support in developing the written
90-day transition plan, that is personalized at the direction of the
child, information as detailed as the participant elects that shall
include, but not be limited to, options regarding housing, health
insurance, education, local opportunities for mentors and continuing
support services, and workforce supports and employment services, a
power of attorney for health care, and information regarding the
advance health care directive form.
   (C) For youth 14 years of age or older, the case plan shall
include documentation that a consumer credit report was requested
annually from each of the three major credit reporting agencies at no
charge to the youth and that any results were provided to the youth.
For nonminor dependents, the case plan shall include documentation
that the county assisted the nonminor dependent in obtaining his or
her reports. The case plan shall include documentation of barriers,
if any, to obtaining the credit reports. If the consumer credit
report reveals any accounts, the case plan shall detail how the
county ensured the youth received assistance with interpreting the
credit report and resolving any inaccuracies, including any referrals
made for the assistance.
   (17) For youth 14 years of age or older and nonminor dependents,
the case plan shall be developed in consultation with the youth. At
the youth's option, the consultation may include up to two members of
the case planning team who are chosen by the youth and who are not
foster parents of, or caseworkers for, the youth. The agency, at any
time, may reject an individual selected by the youth to be a member
of the                                             case planning team
if the agency has good cause to believe that the individual would
not act in the youth's best interest. One individual selected by the
youth to be a member of the case planning team may be designated to
be the youth's adviser and advocate with respect to the application
of the reasonable and prudent parent standard to the youth, as
necessary.
   (18) For youth in foster care 14 years of age and older and
nonminor dependents, the case plan shall include both of the
following:
   (A) A document that describes the youth's rights with respect to
education, health, visitation, and court participation, the right to
be annually provided with copies of his or her credit reports at no
cost while in foster care pursuant to Section 10618.6, and the right
to stay safe and avoid exploitation.
   (B) A signed acknowledgment by the youth that he or she has been
provided a copy of the document and that the rights described in the
document have been explained to the youth in an age-appropriate
manner.
   (19) The case plan for a child or nonminor dependent who is, or
who is at risk of becoming, the victim of commercial sexual
exploitation, shall document the services provided to address that
issue. 
   (20) The case plan for a child who has been assessed as needing
behavioral health services shall include a summary or copy of the
treatment plan developed for the child. If the treatment plan has not
been finalized, the case plan shall indicate that fact and shall be
updated at the next regular court hearing after the treatment plan
has been finalized. Information that is otherwise confidential
regarding the child's condition or treatment shall be redacted for
purposes of including the treatment plan as a part of the case plan
pursuant to this paragraph. The summary or copy of the treatment plan
shall be provided to the social worker by the child's physician or
county clinician. The social worker shall attach the treatment plan
to a request to authorize the administration of psychotropic
medication submitted to the court pursuant to Section 369.5. 
   (h) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
   (i) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Service/Case Management System
(CWS/CMS) is implemented on a statewide basis.
   (j) When a child is 10 years of age or older and has been in
out-of-home placement for six months or longer, the case plan shall
include an identification of individuals, other than the child's
siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker or probation officer shall ask every child who is 10
years of age or older and who has been in out-of-home placement for
six months or longer to identify individuals other than the child's
siblings who are important to the child, and may ask any other child
to provide that information, or may seek that information from the
child and family team, as appropriate. The social worker or probation
officer shall make efforts to identify other individuals who are
important to the child, consistent with the child's best interests.
   (k) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services. The nonminor dependent's
caregiver shall be provided with a copy of the nonminor's TILP.
   (l) Each county shall ensure that the total number of visits made
by caseworkers on a monthly basis to children in foster care during a
federal fiscal year is not less than 95 percent of the total number
of those visits that would occur if each child were visited once
every month while in care and that the majority of the visits occur
in the residence of the child. The county child welfare and probation
departments shall comply with data reporting requirements that the
department deems necessary to comply with the federal Child and
Family Services Improvement Act of 2006 (Public Law 109-288) and the
federal Child and Family Services Improvement and Innovation Act of
2011 (Public Law 112-34). 
   (l) 
    (m)  The implementation and operation of the amendments
to subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
   SEC. 2.    To the extent that this act has an overall
effect of increasing the costs already borne by a local agency for
programs or levels of service mandated by the 2011 Realignment
Legislation within the meaning of Section 36 of Article XIII of the
California Constitution, it shall apply to local agencies only to the
extent that the state provides annual funding for the cost increase.
Any new program or higher level of service provided by a local
agency pursuant to this act above the level for which funding has
been provided shall not require a subvention of funds by the state
nor otherwise be subject to Section 6 of   Article XIII B of
the California Constitution.  
  SECTION 1.    Section 369.5 of the Welfare and
Institutions Code is amended to read:
   369.5.  (a) (1) If a child is adjudged a dependent child of the
court under Section 300 and the child has been removed from the
physical custody of the parent under Section 361, only a juvenile
court judicial officer shall have authority to make orders regarding
the administration of psychotropic medications for that child. The
juvenile court may issue a specific order delegating this authority
to a parent upon making findings on the record that the parent poses
no danger to the child and has the capacity to authorize psychotropic
medications. Court authorization for the administration of
psychotropic medication shall be based on a request from a physician,
indicating the reasons for the request, a description of the child's
diagnosis and behavior, the expected results of the medication, and
a description of any side effects of the medication.
   (2) (A) On or before July 1, 2016, the Judicial Council shall
amend and adopt rules of court and develop appropriate forms for the
implementation of this section, in consultation with the State
Department of Social Services, the State Department of Health Care
Services, and stakeholders, including, but not limited to, the County
Welfare Directors Association of California, the County Behavioral
Health Directors Association of California, the Chief Probation
Officers of California, associations representing current and former
foster children, caregivers, and children's attorneys. This effort
shall be undertaken in coordination with the updates required under
paragraph (2) of subdivision (a) of Section 739.5.
   (B) The rules of court and forms developed pursuant to
subparagraph (A) shall address all of the following:
   (i) The child and his or her caregiver and court-appointed special
advocate, if any, have an opportunity to provide input on the
medications being prescribed.
   (ii) Information regarding the child's overall mental health
assessment and treatment plan is provided to the court.
   (iii) Information regarding the rationale for the proposed
medication, provided in the context of past and current treatment
efforts, is provided to the court. This information shall include,
but not be limited to, information on other pharmacological and
nonpharmacological treatments that have been utilized and the child's
response to those treatments, a discussion of symptoms not
alleviated or ameliorated by other current or past treatment efforts,
and an explanation of how the psychotropic medication being
prescribed is expected to improve the child's symptoms.
   (iv) Guidance is provided to the court on how to evaluate the
request for authorization, including how to proceed if information,
otherwise required to be included in a request for authorization
under this section, is not included in a request for authorization
submitted to the court.
   (C) The rules of court and forms developed pursuant to
subparagraph (A) shall include a process for periodic oversight by
the court of orders regarding the administration of psychotropic
medications that includes the caregiver's and child's observations
regarding the effectiveness of the medication and side effects,
information on medication management appointments and other followup
appointments with medical practitioners, and information on the
delivery of other mental health treatments that are a part of the
child's overall treatment plan. The periodic oversight shall be
facilitated by the county social worker, public health nurse, or
other appropriate county staff. This oversight process shall be
conducted in conjunction with other regularly scheduled court
hearings and reports provided to the court by the county child
welfare agency.
   (3) (A) Except under emergency conditions, the juvenile court may
only make an order for the administration of psychotropic medication
if a treatment plan is attached to the physician's request.
   (B) For purposes of this paragraph, a treatment plan shall include
all of the following:
   (i) Appropriate treatments and interventions to address root
causes contributing to the child's emotional, cognitive, or
behavioral dysregulation.
   (ii) Evidence-based or best practice nonpharmacological
interventions that are linguistically, culturally, and
developmentally appropriate for the child's needs and symptoms.
   (iii) How, and by whom, symptoms and psychosocial functioning will
be monitored in order to evaluate treatment and intervention
effectiveness.
   (b) (1) In counties in which the county child welfare agency
completes the request for authorization for the administration of
psychotropic medication, the agency is encouraged to complete the
request within three business days of receipt from the physician of
the information necessary to fully complete the request.
   (2) Nothing in this subdivision is intended to change current
local practice or local court rules with respect to the preparation
and submission of requests for authorization for the administration
of psychotropic medication.
   (c) (1) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the child, or shall,
upon a request by the parent, the legal guardian, or the child's
attorney, or upon its own motion, set the matter for hearing.
   (2) Notwithstanding Section 827 or any other law, upon the
approval or denial by the juvenile court judicial officer of a
request for authorization for the administration of psychotropic
medication, the county child welfare agency or other person or entity
who submitted the request shall provide a copy of the court order
approving or denying the request to the child's caregiver.
   (d) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses. These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
   (e) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.
   (f) This section does not apply to nonminor dependents, as defined
in subdivision (v) of Section 11400.  
  SEC. 2.    Section 739.5 of the Welfare and
Institutions Code is amended to read:
   739.5.  (a) (1) If a minor who has been adjudged a ward of the
court under Section 601 or 602 is removed from the physical custody
of the parent under Section 726 and placed into foster care, as
defined in Section 727.4, only a juvenile court judicial officer
shall have authority to make orders regarding the administration of
psychotropic medications for that minor. The juvenile court may issue
a specific order delegating this authority to a parent upon making
findings on the record that the parent poses no danger to the minor
and has the capacity to authorize psychotropic medications. Court
authorization for the administration of psychotropic medication shall
be based on a request from a physician, indicating the reasons for
the request, a description of the minor's diagnosis and behavior, the
expected results of the medication, and a description of any side
effects of the medication.
   (2) (A) On or before July 1, 2016, the Judicial Council shall
amend and adopt rules of court and develop appropriate forms for the
implementation of this section, in consultation with the State
Department of Social Services, the State Department of Health Care
Services, and stakeholders, including, but not limited to, the County
Welfare Directors Association of California, the County Behavioral
Health Directors Association of California, the Chief Probation
Officers of California, associations representing current and former
foster children, caregivers, and minor's attorneys. This effort shall
be undertaken in coordination with the updates required under
paragraph (2) of subdivision (a) of Section 369.5.
   (B) The rules of court and forms developed pursuant to
subparagraph (A) shall address all of the following:
   (i) The minor and his or her caregiver and court-appointed special
advocate, if any, have an opportunity to provide input on the
medications being prescribed.
   (ii) Information regarding the minor's overall mental health
assessment and treatment plan is provided to the court.
   (iii) Information regarding the rationale for the proposed
medication, provided in the context of past and current treatment
efforts, is provided to the court. This information shall include,
but not be limited to, information on other pharmacological and
nonpharmacological treatments that have been utilized and the minor's
response to those treatments, a discussion of symptoms not
alleviated or ameliorated by other current or past treatment efforts,
and an explanation of how the psychotropic medication being
prescribed is expected to improve the minor's symptoms.
   (iv) Guidance is provided to the court on how to evaluate the
request for authorization, including how to proceed if information,
otherwise required to be included in a request for authorization
under this section, is not included in a request for authorization
submitted to the court.
   (C) The rules of court and forms developed pursuant to
subparagraph (A) shall include a process for periodic oversight by
the court of orders regarding the administration of psychotropic
medications that includes the caregiver's and minor's observations
regarding the effectiveness of the medication and side effects,
information on medication management appointments and other followup
appointments with medical practitioners, and information on the
delivery of other mental health treatments that are a part of the
minor's overall treatment plan. This oversight process shall be
conducted in conjunction with other regularly scheduled court
hearings and reports provided to the court by the county probation
agency.
   (3) (A) Except under emergency conditions, the juvenile court may
only make an order for the administration of psychotropic medication
if a treatment plan is attached to the physician's request.
   (B) For purposes of this paragraph, a treatment plan shall include
all of the following:
   (i) Appropriate treatments and interventions to address root
causes contributing to the minor's emotional, cognitive, or
behavioral dysregulation.
   (ii) Evidence-based or best practice nonpharmacological
interventions that are linguistically, culturally, and
developmentally appropriate for the minor's needs and symptoms.
   (iii) How, and by whom, symptoms and psychosocial functioning will
be monitored in order to evaluate treatment and intervention
effectiveness.
   (b) (1) The agency that completes the request for authorization
for the administration of psychotropic medication is encouraged to
complete the request within three business days of receipt from the
physician of the information necessary to fully complete the request.

   (2) Nothing in this subdivision is intended to change current
local practice or local court rules with respect to the preparation
and submission of requests for authorization for the administration
of psychotropic medication.
   (c) (1) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the minor, or shall,
upon a request by the parent, the legal guardian, or the minor's
attorney, or upon its own motion, set the matter for hearing.
   (2) Notwithstanding Section 827 or any other law, upon the
approval or denial by the juvenile court judicial officer of a
request for authorization for the administration of psychotropic
medication, the county probation agency or other person or entity who
submitted the request shall provide a copy of the court order
approving or denying the request to the minor's caregiver.
   (d) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses. These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
   (e) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.
   (f) This section does not apply to nonminor dependents, as defined
in subdivision (v) of Section 11400.