BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 913|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 913
Author: Pavley (D)
Amended: 4/14/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 04/05/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SUBJECT : Juvenile offenders: medical care
SOURCE : Los Angeles County Board of Supervisors
DIGEST : This bill provides that probation officers with
the statutory authority to order a medical exam for an
arrested minor, as specified; and order medical, surgical,
dental or other remedial care recommended by an attending
health care professional for an arrested minor where the
officer has made reasonable efforts to notify and obtain
the consent of a parent or guardian, and the parent or
guardian does not object, as specified.
ANALYSIS : Current law generally authorizes a peace
officer to take a minor into temporary custody without a
warrant where the officer has reasonable cause to believe
the minor is delinquent, a ward of the court, or in need of
medical care, as specified. (Welfare and Institutions Code
("WIC") � 625.)
Current law generally provides statutory authority for how
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minors who have been taken into temporary custody can
receive medical, surgical, dental or other remedial care.
(WIC � 739.)
Current law specifically provides that the "probation
officer shall notify 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." If there is no
parent or other person capable or willing to authorize
treatment, current law authorizes the court to make an
order for the performance of the necessary care, as
specified.
This bill provides statutory authority for the probation
officer to authorize a medical exam that complies with the
regulations promulgated by the Corrections Standards
Authority.
This bill authorizes probation officers to authorize any
follow-up treatment recommended by the physician as a
result of the medical exam, if the minor remains in the
temporary custody of the probation officer.
This bill further provides that if the person is in need of
medical care, surgical, dental, or other remedial care, and
the probation officer has made a reasonable, but
unsuccessful effort to notify the parent, guardian, or
person standing in loco parentis of the person, the
probation officer would be authorized to order the care if
the officer makes "reasonable efforts to notify and obtain
the consent" of a parent or guardian, as specified. The
bill retains existing law which provides that if the parent
or guardian, as specified, objects, the care shall be given
only upon order of the court.
This bill provides that nothing in the section this bill is
amending "shall be construed to interfere with a minor's
right to make medical decisions pursuant to existing law."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
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SUPPORT : (Verified 4/28/11)
Los Angeles County Board of Supervisors (source)
California State Association of Counties
Chief Probation Officers of California
Los Angeles County Probation Department
California Probation, Parole and Correctional Association
ARGUMENTS IN SUPPORT : According to the author's office:
State regulations require a routine physical
examination of all minors within 96-hours of being
taken into custody and detained in juvenile halls.
The routine physical examination includes, but is not
limited to, blood tests and other lab work,
immunizations, administration of medication, x-rays,
all of which requires the consent of a parent or legal
guardian. In most cases, the parent or legal guardian
cannot be found or does not respond to requests for
consent, which could leave the minor, as well as other
juvenile detainees, at risk for undetected medical
conditions. It is critical that statutory authority
be given to County Probation Officers to provide
consent for routine medical examinations if the parent
or legal guardian cannot be found or does not respond
to requests for consent. A minor's health could be
jeopardized without receiving prompt medical attention
once detained, as well as the health of the other
detainees and the staff of the Probation Department.
State law mandates that consent from a parent or legal
guardian be obtained in order to perform or administer
blood tests and other lab work, immunizations,
medications, and x-rays on a minor. There are many
cases when a minor's medical care is delayed because
medical consent cannot be obtained from a parent or
legal guardian. Delay in treatment may ultimately
land the child in the emergency room, thus aggravating
overcrowded ERs and exacerbating costs.
RJG:nl 4/28/11 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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