BILL NUMBER: AB 82 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Evans
DECEMBER 23, 2008
An act to amend Sections 369.5 and 739.5 of the Welfare and
Institutions Code, relating to dependent children.
LEGISLATIVE COUNSEL'S DIGEST
AB 82, as introduced, Evans. Dependent children: psychotropic
medications.
Existing law authorizes only a juvenile court judicial officer to
make orders regarding the administration of psychotropic medications
for a dependent child or a ward who has been removed from the
physical custody of his or her parent. Existing law requires the
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 expand the authority of a juvenile court judicial
officer to make orders regarding the administration of psychotropic
medications to include a dependent child or ward who has been removed
from the physical custody of his or her parent or guardian, or a
child who has been removed from the physical custody of a parent or
guardian pending adjudication as a dependent child. The bill would
require the physician or other health care professional submitting
the request for psychotropic medication to have conducted an
examination of the child or ward. The bill would require the request
to indicate additional information, including the child's medical
history and a description of any clinically indicated therapy
recommended for the child to participate in during the 6-month period
until the next court review of the psychotropic medication. The bill
would require the juvenile court judicial officer, before
authorizing the administration of psychotropic medication, to make
certain findings, including that the child's or ward's caregiver has
been informed, and the child or ward has been informed in an age and
developmentally appropriate manner, about the recommended
medications, the anticipated benefits, the nature, degree, duration,
and probability of side effects and significant risks, and any other
recommended treatments, that the child or ward has been informed of
the right to request a hearing, and that a plan is in place for
regular monitoring of the medication, as specified.
This bill would require a dependent child or ward to be present in
court for any hearing on the request for authorization to administer
psychotropic medication, except as specified. The bill would require
the court to make specified orders upon authorizing the
administration of psychotropic medication to a child or ward. The
bill would authorize the court to inquire about specified information
in any proceeding in the juvenile court following court
authorization for the administration of psychotropic medication to a
child or ward.
This bill would require the State Department of Mental Health, on
or before July 1, 2010, to identify or develop and make available
written materials to assist county welfare agencies and mental health
care providers in providing age-appropriate information to minors
concerning psychotropic medications.
The bill would require the Judicial Council to adopt rules and
forms to implement these provisions on or before July 1, 2010.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 369.5 of the Welfare and Institutions Code is
amended 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 or guardian under Section 361,
or if the child has been removed from the physical custody of a
parent or guardian pending adjudication pursuant to Section 319,
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 or guardian upon
making findings on the record that the parent or guardian
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 or other health care professional , indicating
the reasons for the request, a description of the child's diagnosis
and behavior, the child's medical history, the expected
results of the medication, the nature, degree, duration, and
probability of side effects and significant risks commonly known by
the medical profession and a description of any
side effects of clinically indicated therapy
recommended for the medication. On or before July 1,
2000, child to participate in during the
Judicial Council shall adopt rules of
six-month period until the next court and develop
appropriate forms for implementation review of
this section psychotropic medication .
(b) The physician or other health care professional submitting the
request for psychotropic medication shall have conducted an
examination of the child in compliance with Section 2242 of the
Business and Professions Code.
(c) Before authorizing the administration of psychotropic
medication, the juvenile court judicial officer shall make the
following findings:
(1) The child's caregiver has been informed, and the child has
been informed in an age and developmentally appropriate manner, about
the recommended medications, the anticipated benefits, the nature,
degree, duration, and probability of side effects and significant
risks commonly known by the medical profession, and any other
recommended treatments, and that the child has been informed of the
right to request a hearing pursuant to subdivision (g). On or before
July 1, 2010, the State Department of Mental Health shall identify or
develop and make available written materials to assist county
welfare agencies and mental health care providers in providing
age-appropriate information to minors concerning psychotropic
medications.
(2) A plan is in place for regular monitoring of the child's
medication plan, the effectiveness of the medication, and any
potential side effects, by the physician or other health care
professional in consultation with the child's caregiver, mental
health care provider, and others who have contact with the child, as
appropriate.
(d) If a hearing is conducted pursuant to subdivision (g), the
child shall be present in court for the hearing unless the child
waives the right to attend after consulting with counsel or the court
finds that there is good cause for the child's absence from the
proceedings.
(e) In any proceeding in the juvenile court following court
authorization for the administration of psychotropic medication to a
child, the court may inquire about all of the following:
(1) As reported by the child's physician or other health care
professional, the effectiveness of the medication and any side
effects experienced by the child, the child's progress toward meeting
the goals outlined in the child's treatment plan and in any
concurrent therapy or other mental health treatment, and, if
applicable, any steps recommended to increase the effectiveness of
the medication, to reduce side effects, or to obviate the need for
continued administration of the medication.
(2) Any behavior changes and possible side effects that have been
observed by individuals who have regular contact with the child.
(3) Any statements or concerns expressed by the child regarding
the medication.
(b)
(f) (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)
(g) 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.
(d)
(h) 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.
(i) For purposes of this section, a "health care professional" is
a licensed professional authorized to prescribe psychotropic
medications pursuant to Division 2 (commencing with Section 500) of
the Business and Professions Code.
(e)
(j) Nothing in this section is intended to supersede
local court rules regarding a minor's child's
right to participate in mental health decisions.
(k) The Judicial Council shall adopt rules and forms to implement
the provisions of this section on or before July 1, 2010.
SEC. 2. Section 739.5 of the Welfare and Institutions Code is
amended to read:
739.5. (a) 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 or guardian 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 or guardian upon making findings on the record
that the parent or guardian 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 or other health care
professional , indicating the reasons for the request, a
description of the minor's diagnosis and behavior, the minor's
medical history, the expected results of the medication,
the nature, degree, duration, and p robability of side
effects and significant risks commonly known by the medical
profession, and a description of any side effects
clinically indicated therapy recommended for the minor
to participate in during the six-month period until the next court
review of the psychotropic
medication. On or before July 1, 2008, the Judicial Council shall
adopt rules of court and develop appropriate forms for implementation
of this section.
(b) The physician or other health care professional submitting the
request for psychotropic medication shall have conducted an
examination of the minor in compliance with Section 2242 of the
Business and Professions Code.
(c) Before authorizing the administration of psychotropic
medication, the juvenile court judicial officer shall make the
following findings:
(1) The minor's caregiver has been informed, and the minor has
been informed in an age and developmentally appropriate manner, about
the recommended medications, the anticipated benefits, the nature,
degree, duration, and probability of side effects and significant
risks commonly known by the medical profession, and any other
recommended treatments, and that the minor has been informed of the
right to request a hearing pursuant to subdivision (g). On or before
July 1, 2010, the State Department of Mental Health shall identify or
develop and make available written materials to assist county
welfare agencies and mental health care providers in providing
age-appropriate information to minors concerning psychotropic
medications.
(2) A plan is in place for regular monitoring of the minor's
medication plan, the effectiveness of the medication, and any
potential side effects, by the physician or other health care
professional in consultation with the minor's caregiver, mental
health care providers, and others who have contact with the minor, as
appropriate.
(d) If a hearing is conducted pursuant to subdivision (g), the
minor shall be present in a court for the hearing unless the minor
waives the right to attend after consulting with counsel or the court
finds that there is good cause for the minor's absence from the
proceedings.
(e) In any proceeding in the juvenile court following court
authorization for the administration of psychotropic medication to a
minor, the court may inquire about all of the following:
(1) As reported by the minor's physician or other health care
professional, the effectiveness of the medication and any side
effects experienced by the minor, the minor's progress toward meeting
the goals outlined in the minor's treatment plan and in any
concurrent therapy or other mental health treatment, and, if
applicable, any steps recommended to increase the effectiveness of
the medication, to reduce side effects, or to obviate the need for
continued administration of the medication.
(2) Any behavior changes and possible side effects that have been
observed by individuals who have regular contact with the child.
(3) Any statements or concerns expressed by the minor regarding
the medication.
(b)
(f) (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)
(g) 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.
(d)
(h) 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.
(i) For purposes of this section, a "health care professional" is
a licensed professional authorized to prescribe psychotropic
medications pursuant to Division 2 (commencing with Section 500) of
the Business and Professions Code.
(e)
(j) Nothing in this section is intended to supersede
local court rules regarding a minor's right to participate in mental
health decisions.
(k) The Judicial Council shall adopt rules and forms to implement
the provisions of this section on or before July 1, 2010.