BILL NUMBER: SB 543 CHAPTERED 09/28/99 CHAPTER 552 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 1999 APPROVED BY GOVERNOR SEPTEMBER 28, 1999 PASSED THE SENATE AUGUST 31, 1999 PASSED THE ASSEMBLY AUGUST 26, 1999 AMENDED IN ASSEMBLY AUGUST 16, 1999 AMENDED IN ASSEMBLY JUNE 30, 1999 AMENDED IN ASSEMBLY JUNE 22, 1999 AMENDED IN SENATE APRIL 21, 1999 AMENDED IN SENATE APRIL 5, 1999 INTRODUCED BY Senator Bowen FEBRUARY 19, 1999 An act to amend Section 16010 of, and to add Section 369.5 to, the Welfare and Institutions Code, relating to children. LEGISLATIVE COUNSEL'S DIGEST SB 543, Bowen. Children: psychotropic medication: foster care. Existing law requires that the case plan of a child when he or she is placed in foster care, to the extent available and accessible, include the health and education records of the child, as specified. Existing law requires that at the time a child is placed in foster care the child's health and education records be reviewed and updated and supplied to the foster parent or foster care provider with whom the child is placed. This bill would revise these provisions by requiring the case plan for each child and specified court reports and assessments to include a health and education summary, as specified, for each child. The bill would require the child protection agency to provide the caretaker with a current summary, as specified. The bill would also require the child's caretaker to maintain information regarding the minor's health and education, and would require the child protection agency or its designee to inquire of the caretaker whether there is any new information to be added to the child's summary. The bill would also require the court, at the initial hearing, to direct each parent to provide the child protective agency complete health and education information, including specified information regarding the child's parents. To the extent that these requirements would increase the duties of local public employees, this bill would impose a state-mandated local program. This bill would also provide that if a child is adjudged a dependent child of the juvenile court and the child is taken from the physical custody of the parent, only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for that child, except that 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. The bill would also authorize a court to permit the administration of psychotropic medication to the child only as specified, and would require the Judicial Council to adopt rules of court and develop appropriate forms for these purposes on or before July 1, 2000. It would also provide, however, that these provisions do not supersede local court rules regarding a minor's right to participate in mental health decisions. 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 369.5 is added to the Welfare and Institutions Code, to read: 369.5. (a) 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. On or before July 1, 2000, the Judicial Council shall adopt rules of court and develop appropriate forms for implementation of this section. (b) 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. (c) Nothing in this section is intended to supersede local court rules regarding a minor's right to participate in mental health decisions. SEC. 2. Section 16010 of the Welfare and Institutions Code is amended to read: 16010. (a) When a child is placed in foster care, the case plan for each child recommended pursuant to Section 358.1 shall include a summary of the health and education information or records, including mental health information or records, of the child. The summary may be maintained in the form of a health and education passport, or a comparable format designed by the child protective agency. The health and education summary shall include, but not be limited to, the names and addresses of the child's health, dental, and education providers, the child's grade level performance, the child's school record, assurances that the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement, a record of the child's immunizations and allergies, the child's known medical problems, the child's current medications, past health problems and hospitalizations, a record of the child's relevant mental health history, the child's known mental health condition and medications, and any other relevant mental health, dental, health, and education information concerning the child determined to be appropriate by the Director of Social Services. If any other provision of law imposes more stringent information requirements, then that section shall prevail. (b) Additionally, any court report or assessment required pursuant to subdivision (g) of Section 361.5, Section 366.1, subdivision (d) of Section 366.21, or subdivision (b) of Section 366.22 shall include a copy of the current health and education summary described in subdivision (a). (c) As soon as possible, but not later than 30 days after initial placement of a child into foster care, the child protective agency shall provide the caretaker with the child's current health and education summary as described in subdivision (a). For each subsequent placement, the child protective agency shall provide the caretaker with a current summary as described in subdivision (a) within 48 hours of the placement. (d) The child's caretaker shall be responsible for obtaining and maintaining accurate and thorough information from physicians and educators for the child's summary as described in subdivision (a) during the time that the child is in the care of the caretaker. On each required visit, the child protective agency or its designee family foster agency shall inquire of the caretaker whether there is any new information that should be added to the child's summary as described in subdivision (a). The child protective agency shall update the summary with such information as appropriate, but not later than the next court date or within 48 hours of a change in placement. The child protective agency or its designee family foster agency shall take all necessary steps to assist the caretaker in obtaining relevant health and education information for the child's health and education summary as described in subdivision (a). (e) At the initial hearing, the court shall direct each parent to provide to the child protective agency complete medical, dental, mental health, and educational information, and medical background, of the child and of the child's mother and the child's biological father if known. The Judicial Council shall create a form for the purpose of obtaining health and education information from the child' s parents or guardians at the initial hearing. The court shall determine at the hearing held pursuant to Section 358 whether the medical, dental, mental health, and educational information has been provided to the child protective agency. SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.