BILL NUMBER: AB 82 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Evans
DECEMBER 23, 2008
An act to amend Sections 369.5 and 739.5
add and repeal Sections 369.6 and 739.6 of the Welfare and
Institutions Code, relating to dependent children.
LEGISLATIVE COUNSEL'S DIGEST
AB 82, as amended, 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 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 , in a pilot project operative only until
January 1, 2013, in 3 counties that meet specified
criteria and that are selected by the State Department of Social
Services, 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
pilot project would require the physician
submitting the request for psychotropic medication to have conducted
an examination of the child or ward. The bill
pilot project 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
pilot project 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
The pilot project 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
pilot project 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 State Department of Social Services,
after consultation with the State Department of Mental Health, to
report to the Legislature regarding the pilot project before July 1,
2013.
The bill would require the Judicial Council to adopt rules and
forms to implement these provisions on or before July 1, 2010.
These provisions would remain in effect until January 1, 2014.
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 369.6 is added to the
Welfare and Institutions Code , to read:
369.6. (a) Notwithstanding Section 369.5, this section
establishes a pilot project operative only until January 1, 2013, in
three counties, one each from the northern, southern, and central
areas of the state and each with a population of less than two
million five hundred thousand (2,500,000), to be selected by the
department.
(b) 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 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 clinically indicated therapy recommended for the child to
participate in during the six-month period until the next court
review of psychotropic medication.
(c) The physician 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.
(d) 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 (h).
(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 in consultation with the
child's caregiver, mental health care provider, and others who have
contact with the child, as appropriate.
(e) If a hearing is conducted pursuant to subdivision (h), 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.
(f) 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.
(g) (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.
(h) 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.
(i) 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.
(j) Nothing in this section is intended to supersede local court
rules regarding a 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.
(l) The department, after consultation with the State Department
of Mental Health, shall report to the Legislature regarding the
findings of the pilot project established pursuant to this section
before July 1, 2013.
(m) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 2. Section 739.6 is added to the
Welfare and Institutions Code , to read:
739.6. (a) Notwithstanding Section 739.5, this section
establishes a pilot project operative only until January 1, 2013, in
three counties, one each from the northern, southern, and central
areas of the state and each with a population of less than two
million five hundred thousand (2,500,000), to be selected by the
department.
(b) 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,
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
probability of side effects and significant risks commonly known by
the medical profession, and a description of any clinically indicated
therapy recommended for the minor to participate in during the
six-month period until the next court review of psychotropic
medication.
(c) The physician 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.
(d) 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 (h).
(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 in consultation with the
minor's caregiver, mental health care providers, and others who have
contact with the minor, as appropriate.
(e) If a hearing is conducted pursuant to subdivision (h), 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.
(f) 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, 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 minor.
(3) Any statements or concerns expressed by the minor regarding
the medication.
(g) (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.
(h) 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.
(i) 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.
(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.
(l) The department shall, after consultation with the State
Department of Mental Health, report to the Legislature regarding the
findings of the pilot project established pursuant to this section
before July 1, 2013.
(m) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
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 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 clinically indicated therapy recommended for the child to
participate in during the six-month period until the next court
review of psychotropic medication.
(b) The physician 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 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, 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.
(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.
(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.
(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) Nothing in this section is intended to supersede local court
rules regarding a child's right to participate in mental health
decisions.
(j) 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
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
probability of side effects and significant risks commonly known by
the medical profession, and a description of any clinically indicated
therapy recommended for the minor to participate in during the
six-month period until the next court review of 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 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 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, 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 minor.
(3) Any statements or concerns expressed by the minor regarding
the medication.
(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.
(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.
(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) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.
(j) The Judicial Council shall adopt rules and forms to implement
the provisions of this section on or before July 1, 2010.