BILL NUMBER: SB 913	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 18, 2011

   An act to amend Section 739 of the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 913, as introduced, Pavley. Juvenile offenders: medical care.
   Under existing law, when a minor is taken into temporary custody
and is in need of medical, surgical, dental, or other remedial care,
the probation officer may authorize the performance of the medical,
surgical, dental, or other remedial care, as specified. Existing law
requires the probation officer to notify the minor's parent or
guardian prior to the provision of the medical care.
   This bill would additionally permit a probation officer to
authorize a medical exam that complies with the regulations
promulgated by the Corrections Standards Authority, without regard to
the minor's need for medical care. The bill would also provide that
the officer may, if he or she first makes an unspecified effort,
authorize the performance of reasonable medical or dental care if the
minor is in need of the care and upon the recommendation of the
attending physician or dentist. This bill would also require the
probation officer to make reasonable efforts to notify and obtain the
consent of the minor's parent or guardian prior to the provision of
the medical or dental care.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 739 of the Welfare and Institutions Code is
amended to read:
   739.  (a) Whenever any person is taken into temporary custody
under Article 15 (commencing with Section 625)  and 
 , the probation officer may authorize a medical exam that
complies with the regulations promulgated by the Corrections
Standards Authority. If the person  is in need of medical,
surgical, dental, or other remedial care,  provided the probation
officer first makes a reasonable effort,  the probation officer
may, upon the recommendation of the attending physician and surgeon
or, if the person needs dental care and there is an attending
dentist, the attending dentist, authorize the performance of that
medical, surgical, dental, or other remedial care. The probation
officer shall  make reasonable efforts to  notify  and
obtain the consent of  the parent, guardian, or person standing
in loco parentis of the person, if any, of the care found to be
needed before the care is provided, and if the parent, guardian, or
person standing in loco parentis objects, the care shall be given
only upon order of the court in the exercise of its discretion.
   (b) Whenever it appears to the juvenile court that any person
concerning whom a petition has been filed with the court is in need
of medical, surgical, dental, or other remedial care, and that there
is no parent, guardian, or person standing in loco parentis capable
of authorizing or willing to authorize the remedial care or treatment
for that person, the court, upon the written recommendation of a
licensed physician and surgeon or, if the person needs dental care, a
licensed dentist, and after due notice to the parent, guardian, or
person standing in loco parentis, if any, may make an order
authorizing the performance of the necessary medical, surgical,
dental, or other remedial care for that person.
   (c) Whenever a  ward of the juvenile court  
person  is placed by order of the juvenile  court
within the care and custody or under the supervision of the probation
officer of the county in which the  ward  
person  resides and it appears to the court that there is no
parent, guardian, or person standing in loco parentis capable of
authorizing or willing to authorize medical, surgical, dental, or
other remedial care or treatment for the  ward  
person  , the court may, after due notice to the parent,
guardian, or person standing in loco parentis, if any, order that the
probation officer may authorize the medical, surgical, dental, or
other remedial care for the  ward   person 
by licensed practitioners, as may from time to time appear
necessary.
   (d) Whenever it appears that a minor otherwise within subdivision
(a), (b), or (c) requires immediate emergency medical, surgical, or
other remedial care in an emergency situation, that care may be
provided by a licensed physician and surgeon or, if the minor needs
dental care in an emergency situation, by a licensed dentist, without
a court order and upon authorization of a probation officer. If the
minor needs foot or ankle care within the scope of practice of
podiatric medicine, as defined in Section 2472 of the Business and
Professions Code, a probation officer may authorize the care to be
provided by a podiatrist after obtaining the advice and concurrence
of a physician and surgeon. The probation officer shall make
reasonable efforts to obtain the consent of, or to notify, the
parent, guardian, or person standing in loco parentis prior to
authorizing emergency medical, surgical, dental, or other remedial
care. "Emergency situation," for the purposes of this subdivision
means a minor requires immediate treatment for the alleviation of
severe pain or an immediate diagnosis and treatment of an
unforeseeable medical, surgical, dental, or other remedial condition
or contagious disease which if not immediately diagnosed and treated,
would lead to serious disability or death.
   (e) In any case in which the court orders the performance of any
medical, surgical, dental, or other remedial care pursuant to this
section, the court may also make an order authorizing the release of
information concerning that care to probation officers, parole
officers, or any other qualified individuals or agencies caring for
or acting in the interest and welfare of the minor under order,
commitment, or approval of the court.
   (f) Nothing in this section shall be construed as limiting the
right of a parent, guardian, or person standing in loco parentis, who
has not been deprived of the custody or control of the minor by
order of the court, in providing any medical, surgical, dental, or
other remedial treatment recognized or permitted under the laws of
this state.
   (g) The parent of any person described in this section may
authorize the performance of medical, surgical, dental, or other
remedial care provided for in this section notwithstanding his or her
age or marital status. In nonemergency situations the parent
authorizing the care shall notify the other parent prior to the
administration of the care.