BILL ANALYSIS
AB 82
Page 1
GOVERNOR'S VETO
AB 82 (Evans)
As Amended September 2, 2009
2/3 vote
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|ASSEMBLY: |78-0 |(June 2, 2009) |SENATE: |37-0 |(September 9, |
| | | | | |2009) |
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|ASSEMBLY: |79-0 |(September 10, | | | |
| | |2009) | | | |
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Original Committee Reference: HUM. S.
SUMMARY : Establishes a pilot project in three counties,
operative until January 1, 2013, implementing requirements that
must be met before and after a juvenile court judicial officer
authorizes the administration of psychotropic medications to
children who are dependents or wards of the court.
The Senate amendments :
1)Require that the Department of Social Services consult with
the County Welfare Directors Association, the Judicial
Council, and the California Mental Health Directors
Association in selecting the three counties to participate in
the pilot project.
2)Delete the geographic and population criteria for selecting
the three counties to participate in the pilot project and,
instead, provide that the counties are to be selected from
among those counties expressing an interest in participating.
3)Clarify, consistent with current law, that psychotropic
medications may be administered without court authorization in
an emergency situation; but, require that court authorization
be sought as soon as possible thereafter consistent with the
AB 82
Page 2
provisions of this bill and related rules of court developed
pursuant to this bill.
4)Require that the report to the Legislature required by this
bill include:
a) Demographic data on foster and probation youth on
psychotropic medications and data on mental health outcome
measures for these youth; and,
b) Input from stakeholders about reportable outcomes.
5)Authorize each pilot county and the courts in the county to
develop outcome measures based on available data and data that
are feasible to measure with the county's and courts' existing
information system, and provide that such data shall be
collected to the extent possible using existing resources or
private funding sources.
AS PASSED BY THE ASSEMBLY , this bill established a pilot project
in three counties, operative until January 1, 2013, implementing
requirements that must be met before and after a juvenile court
judicial officer authorizes the administration of psychotropic
medications to children who are dependents or wards of the
court.
FISCAL EFFECT : According to the Senate Appropriations
Committee, annual costs of $50,000 [$32,000 General Fund (GF)]
in 2009-10 and 2011-12 and $80,000 ($56,000 GF) in 2010-11 for
workload associated with implementing the pilot and the
reporting requirement.
COMMENTS : This bill establishes a pilot project that would
create additional requirements in the court approval process for
requests to administer psychotropic medications to dependants
and wards of the court. The Senate amendments make changes to
the criteria and process for selection of participating
counties, to procedures that apply in emergency situations, and
to data collection and reporting requirements, but do not
significantly change, and are consistent with, the
Assembly-approved provisions of this bill.
AB 82
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GOVERNOR'S VETO MESSAGE :
"While this bill advances an appropriate policy objective that I
would normally be inclined to support, I cannot in this current
fiscal environment. The implementation and oversight of a new
pilot program, requiring increased monitoring and evaluation is
labor-intensive, especially as both state and county welfare
programs are struggling with their existing mandated
activities."
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089
FN: 0003432