SB 238: Foster care: psychotropic medication.

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 of the court who has been removed from the physical custody of his or her parent, as specified. 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 childs or wards 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. Existing law requires the Judicial Council to adopt rules of court and develop appropriate forms for the implementation of these provisions.

This bill would require the Judicial Council, on or before July 1, 2016, to amend and adopt rules of court and develop appropriate forms for the implementation of these provisions, in consultation with the State Department of Social Services, the State Department of Health Care Services, and specified stakeholders. The bill would require the rules of court and forms to address, among other things, that the child or ward and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed, and would require the rules of court and forms to include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications. The bill would also require a county child welfare department, probation agency, or other person who requests authorization for the administration of psychotropic medication to provide the childs caregiver with a copy of the resulting court order, thereby imposing a state-mandated local program.

This bill would also require the State Department of Social Services, in consultation with specified parties, to develop and distribute a monthly report to each county placing agency that is a signatory to a specified data sharing agreement, and would require this report to include specified information regarding each child for whom one or more psychotropic medications have been paid for under Medi-Cal, including, among others things, the psychotropic medications that have been authorized for the child. The bill would also require a county placing agency to share information pertaining to the child with the juvenile court, the childs attorney, the county department of behavioral health, and the childs court-appointed special advocate, if one has been appointed. By imposing additional duties on county employees, the bill would impose a state-mandated local program.

Existing law requires certain individuals involved in the care and oversight of children in foster care, including group home administrators, foster parents, relative caregivers, nonrelative extended family member caregivers, social workers, judges, and attorneys, to receive training on various topics.

This bill would require the training to include training developed by the State Department of Social Services, in consultation with specified parties, regarding the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, trauma, and substance use disorder and mental health treatments for those children. The bill would also require foster care public health nurses to receive this training. By imposing additional training requirements on social workers and public health nurses, the bill would impose a state-mandated local program.

This bill would incorporate additional changes proposed by AB 224, AB 403, SB 319, and SB 794, which would become operative only if this bill is chaptered last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.