SB 238: Foster care: psychotropic medication.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-10-06
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.
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.
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 updates 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, and the county department of behavioral health, 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.
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 no reimbursement is required by this act for a specified reason.
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.
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 the 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, 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, develop updates to the implementation of these provisions with regard to dependent children or a ward of the court and related forms. stakeholders. The bill would require the updates to ensure, 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 a meaningful an opportunity to provide input on the medications being prescribed, and would require the updates to include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications. The bill would require the Judicial Council, on or before July 1, 2016, to adopt or amend rules of court and forms to implement the updates. 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 provide distribute a monthly report to each county child welfare services placing agency that is a signatory to a specified data sharing agreement, and would require this report to include specified information regarding each child receiving services from the county child welfare services agency and for whom one or more psychotropic medications have been authorized, 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 child welfare placing agency to share information pertaining to the child with the juvenile court, the childs attorney, and the county department of behavioral health, the childs court-appointed special advocate, if one has been appointed, specified information regarding an individual child receiving child welfare services, including, among other things, the psychotropic medications that have been authorized for the child. The bill would require the State Department of Social Services, in consultation with specified parties, to develop, or ensure access to, a system that automatically alerts a childs social worker when psychotropic medication has been prescribed that fits certain descriptions, and would require the social worker to take specified actions upon receipt of an alert from that system. appointed. By imposing additional duties on social workers and county child welfare agencies, county employees, the bill would impose a state-mandated local program.
Existing law requires certain individuals involved in the care and oversight of dependent children, 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 on developed by the State Department of Social Services, in consultation with specified parties, regarding the authorization, uses, risks, benefits, administration, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral and substance use disorder and mental health treatments, for those children. The bill would require the State Department of Social Services, in consultation with specified parties, to develop training that may be used for these purposes. The bill would also require foster care public health nurses to receive this training. By imposing additional training requirements on social workers, workers and public health nurses, the bill would impose a state-mandated local program.
Existing law requires the State Department of Social Services to establish a program of public health nursing in the child welfare services program, and requires counties to use the services of the foster care public health nurse under this program. Existing law requires the foster care public health nurse to perform specified duties, including participating in medical care planning and coordinating for a child in foster care.
This bill would require a foster care public health nurse to receive training on the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for those children. By imposing additional duties on a foster care public health nurse, the bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
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. parent, as specified. Existing law requires the 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, in consultation with the State Department of Social Services, the State Department of Health Care Services, and specified stakeholders, develop updates to the implementation of these provisions with regard to dependent children or a ward of the court and related forms. The bill would require the updates to ensure, among other things, that the child or ward and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed, and would require the updates to include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications. The bill would require the Judicial Council, on or before July 1, 2016, to adopt or amend rules of court and forms to implement the updates.
This bill would also require the State Department of Social Services, in consultation with specified parties, to develop and provide a monthly report to each county child welfare services agency, and would require this report to include specified information regarding each child receiving services from the county child welfare services agency and for whom one or more psychotropic medications have been authorized, including, among others things, the psychotropic medications that have been authorized for the child. The bill would also require a county child welfare agency to share with the juvenile court, the childs attorney, and the county department of behavioral health, the childs court-appointed special advocate, if one has been appointed, specified information regarding an individual child receiving child welfare services, including, among other things, the psychotropic medications that have been authorized for the child. The bill would require the State Department of Social Services, in consultation with specified parties, to develop, or ensure access to, a system that automatically alerts a childs social worker when psychotropic medication has been prescribed that fits certain descriptions, and would require the social worker to take specified actions upon receipt of an alert from that system. By imposing additional duties on social workers and county child welfare agencies, this the bill would impose a state-mandated local program.
Existing law requires certain individuals involved in the care and oversight of dependent children, 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 on the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for those children. The bill would require the State Department of Social Services, in consultation with specified parties, to develop training that may be used for these purposes. By imposing additional training requirements on social workers, this the bill would impose a state-mandated local program.
Existing law requires the State Department of Social Services to establish a program of public health nursing in the child welfare services program, and requires counties to use the services of the foster care public health nurse under this program. Existing law requires the foster care public health nurse to perform specified duties, including participating in medical care planning and coordinating for a child in foster care.
This bill would require a foster care public health nurse to receive training on the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for those children. By imposing additional duties on a foster care public health nurse, the bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
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 the 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, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, develop updates to the implementation of these provisions with regard to dependent children and related forms. The bill would require the updates to ensure, among other things, that the child and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed, and would require the updates to include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications. The bill would require the Judicial Council, on or before July 1, 2016, to adopt or amend rules of court and forms to implement the updates.
This bill would also require the State Department of Social Services, in consultation with specified parties, to develop and provide a monthly report to each county child welfare services agency, and would require this report to include specified information regarding each child receiving services from the county child welfare services agency and for whom one or more psychotropic medications have been authorized, including, among others things, the psychotropic medications that have been authorized for the child. The bill would also require a county child welfare agency to share, on a monthly basis, share with the juvenile court, the childs attorney, and the childs court-appointed special advocate, if one has been appointed, specified information regarding an individual child receiving child welfare services, including, among other things, the psychotropic medications that have been authorized for the child. The bill would require the State Department of Social Services, in consultation with specified parties, to develop, or ensure access to, a system that automatically alerts a childs social worker when psychotropic medication has been prescribed that fits certain descriptions, and would require the social worker to take specified actions upon receipt of an alert from that system. By imposing additional duties on social workers and county child welfare agencies, this bill would impose a state-mandated local program.
Existing law requires certain individuals involved in the care and oversight of dependent children, 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 on the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for those children. The bill would require the State Department of Social Services, in consultation with specified parties, to develop training that may be used for these purposes. By imposing additional training requirements on social workers, this bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
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 the 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, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, develop updates to the implementation of these provisions with regard to dependent children and related forms. The bill would require the updates to ensure, among other things, that the child and his or her caregiver and court-appointed special advocate, if any, have an a meaningful opportunity to provide input on the medications being prescribed, and would require the updates to include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications. The bill would require the Judicial Council, on or before July 1, 2016, to adopt or amend rules of court and forms to implement the updates.
This bill would also require the State Department of Social Services, in consultation with specified parties, to develop and provide a monthly report to each county child welfare services agency, and would require this report to include specified information regarding each child receiving services from the county child welfare services agency and for whom one or more psychotropic medications have been authorized, including, among others things, the psychotropic medications that have been authorized for the child. The bill would also require a county child welfare agency to provide, share, on a monthly basis, to with the juvenile court, the childs attorney, and the childs court-appointed special advocate, if one has been appointed, specified information regarding a an individual child receiving child welfare services, including, among other things, the psychotropic medications that have been authorized for the child. The bill would require the State Department of Social Services, in consultation with specified parties, to develop, or ensure access to, a system that automatically alerts a childs social worker when psychotropic medication has been prescribed that fits certain descriptions, and would require the social worker to take specified actions upon receipt of an alert from that system. By imposing additional duties on social workers and county child welfare agencies, this bill would impose a state-mandated local program.
Existing law requires certain individuals involved in the care and oversight of dependent children, 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 on the authorization for administration, authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental behavioral health, and other available mental behavioral health treatments, for those children. The bill would require the State Department of Social Services, in consultation with specified parties, to develop training that may be used for these purposes. By imposing additional training requirements on social workers, this bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
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 the 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 state the intent of the Legislature to enact legislation that would improve the ability of the child welfare system to track and oversee the use of psychotropic medications for children in foster care by requiring, among other things, the development of a system that triggers an alert to medical practitioners treating children in foster care when there could be potentially dangerous interactions between psychotropic medications and other prescribed medications, or when psychotropic medications have been prescribed, or prescribed in dosages, that are unusual for a child or a child of that age.
This bill would require the Judicial Council, on or before July 1, 2016, to, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, develop updates to the implementation of these provisions with regard to dependent children and related forms. The bill would require the updates to ensure, among other things, that the child 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 updates to include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications. The bill would require the Judicial Council, on or before July 1, 2016, to adopt or amend rules of court and forms to implement the updates.
This bill would also require a county child welfare agency to provide, on a monthly basis, to the juvenile court, the childs attorney, and the childs court-appointed special advocate, if one has been appointed, specified information regarding a child receiving child welfare services, including, among other things, the psychotropic medications that have been authorized for the child. The bill would require the State Department of Social Services, in consultation with specified parties, to develop, or ensure access to, a system that automatically alerts a childs social worker when psychotropic medication has been prescribed that fits certain descriptions, and would require the social worker to take specified actions upon receipt of an alert from that system. By imposing additional duties on social workers and county child welfare agencies, this bill would impose a state-mandated local program.
Existing law requires certain individuals involved in the care and oversight of dependent children, 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 on the authorization for administration, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and other available mental health treatments, for those children. The bill would require the State Department of Social Services, in consultation with specified parties, to develop training that may be used for these purposes. By imposing additional training requirements on social workers, this bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
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 the 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.
This bill would state the intent of the Legislature to enact legislation that would improve the ability of the child welfare system to track and oversee the use of psychotropic medications for children in foster care by requiring, among other things, the development of a system that triggers an alert to medical practitioners treating children in foster care when there could be potentially dangerous interactions between psychotropic medications and other prescribed medications, or when psychotropic medications have been prescribed, or prescribed in dosages, that are unusual for a child or a child of that age.
(a)The director, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish a certification program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home facility shall successfully complete a department-approved certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home on the effective date of this section shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)Individuals applying for certification under this section shall successfully complete an approved certification program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home facility. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home facility administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community college course hours approved by the regional centers shall be accepted by the department for certification.
(2)Every administrator of a group home facility shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j).
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group home facilities.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home facility as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 1.5.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs of facility residents.
(G)Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
SEC. 2.1.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to best practices for providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 2.2.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The information described in subdivision (d) of Section 16501.4.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 317 of the Welfare and Institutions Code is amended to read:317.(a)(1)When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section.
(2)When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the provisions of Section 1912(b) of Title 25 of the United States Code and Section 23.13 of Title 25 of the Code of Federal Regulations shall apply.
(b)When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(c)(1)If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent.
(3)Counsel may be a district attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interests conflict with the childs or nonminor dependents interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest.
(4)The court may fix the compensation for the services of appointed counsel.
(5)(A)The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001.
(B)The training requirements imposed pursuant to subparagraph (A) shall include instruction on both of the following:
(i)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(ii)The information described in subdivision (d) of Section 16501.4.
(d)Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services.
(e)(1)Counsel shall be charged in general with the representation of the childs interests. To that end, counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the childs welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent.
(2)If the child is four years of age or older, counsel shall interview the child to determine the childs wishes and assess the childs well-being, and shall advise the court of the childs wishes. Counsel shall not advocate for the return of the child if, to the best of his or her knowledge, return of the child conflicts with the protection and safety of the child.
(3)Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child.
(4)(A)At least once every year, if the list of educational liaisons is available on the Internet Web site for the State Department of Education, both of the following shall apply:
(i)Counsel shall provide his or her contact information to the educational liaison, as described in subdivision (b) of Section 48853.5 of the Education Code, of each local educational agency serving counsels foster child clients in the county of jurisdiction.
(ii)If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons.
(B)The childs caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the childs attorney to the childs local educational agency.
(C)Counsel for the child and counsels agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the childs return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate.
(5)Nothing in this subdivision shall be construed to permit counsel to violate a childs attorney-client privilege.
(6)The changes made to this subdivision during the 201112 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law.
(7)The court shall take whatever appropriate action is necessary to fully protect the interests of the child.
(f)Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling his or her obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a child care custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a childs guardian ad litem, shall be provided to the childs counsel within 30 days of the request.
(g)In a county of the third class, if counsel is to be provided to a child at the countys expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record.
(h)In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the countys expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record.
SEC. 4.5.Section 317 of the Welfare and Institutions Code is amended to read:317.(a)(1)When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section.
(2)When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the provisions of Section 1912(b) of Title 25 of the United States Code and Section 23.13 of Title 25 of the Code of Federal Regulations shall apply.
(b)When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(c)(1)If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent.
(3)Counsel may be a district attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interests conflict with the childs or nonminor dependents interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest.
(4)The court may fix the compensation for the services of appointed counsel.
(5)(A)The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001.
(B)The training requirements imposed pursuant to subparagraph (A) shall include instruction on both of the following:
(i)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(ii)The information described in subdivision (d) of Section 16501.4.
(d)Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services.
(e)(1)Counsel shall be charged in general with the representation of the childs interests. To that end, counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the childs welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent.
(2)If the child is four years of age or older, counsel shall interview the child to determine the childs wishes and assess the childs well-being, and shall advise the court of the childs wishes. Counsel shall not advocate for the return of the child if, to the best of his or her knowledge, return of the child conflicts with the protection and safety of the child.
(3)Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child.
(4)(A)At least once every year, if the list of educational liaisons is available on the Internet Web site for the State Department of Education, both of the following shall apply:
(i)Counsel shall provide his or her contact information to the educational liaison, as described in subdivision (c) of Section 48853.5 of the Education Code, of each local educational agency serving counsels foster child clients in the county of jurisdiction.
(ii)If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons.
(B)The childs caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the childs attorney to the childs local educational agency.
(C)Counsel for the child and counsels agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the childs return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate.
(5)Nothing in this subdivision shall be construed to permit counsel to violate a childs attorney-client privilege.
(6)The changes made to this subdivision during the 201112 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law.
(7)The court shall take whatever appropriate action is necessary to fully protect the interests of the child.
(f)Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling his or her obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a child care custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a childs guardian ad litem, shall be provided to the childs counsel within 30 days of the request.
(g)In a county of the third class, if counsel is to be provided to a child at the countys expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record.
(h)In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the countys expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record.
SEC. 5.Section 369.5 of the Welfare and Institutions Code is amended to read:369.5.(a)(1)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 under Section 361, 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 upon making findings on the record that the parent 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 childs diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.
(2)(A)On or before July 1, 2016, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this section, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, associations representing current and former foster children, caregivers, and childrens attorneys. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 739.5.
(B)The rules of court and forms developed pursuant to subparagraph (A) shall address all of the following:
(i)The child and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed.
(ii)Information regarding the childs overall mental health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the childs response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the childs symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The rules of court and forms developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and childs observations regarding the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other mental health treatments that are a part of the childs overall treatment plan. The periodic oversight shall be facilitated by the county social worker, public health nurse, or other appropriate county staff. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county child welfare agency.
(b)(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.
(c)(1)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 childs attorney, or upon its own motion, set the matter for hearing.
(2)Notwithstanding Section 827 or any other law, upon the approval or denial by the juvenile court judicial officer of a request for authorization for the administration of psychotropic medication, the county child welfare agency or other person or entity who submitted the request shall provide a copy of the court order approving or denying the request to the childs caregiver.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 6.Section 739.5 of the Welfare and Institutions Code is amended to read:739.5.(a)(1)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 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 upon making findings on the record that the parent 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 minors diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.
(2)(A)On or before July 1, 2016, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this section, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, associations representing current and former foster children, caregivers, and minors attorneys. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 369.5.
(B)The rules of court and forms developed pursuant to subparagraph (A) shall address all of the following:
(i)The minor and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed.
(ii)Information regarding the minors overall mental health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the minors response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the minors symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The rules of court and forms developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and minors observations regarding the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other mental health treatments that are a part of the minors overall treatment plan. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county probation agency.
(b)(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.
(c)(1)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 minors attorney, or upon its own motion, set the matter for hearing.
(2)Notwithstanding Section 827 or any other law, upon the approval or denial by the juvenile court judicial officer of a request for authorization for the administration of psychotropic medication, the county probation agency or other person or entity who submitted the request shall provide a copy of the court order approving or denying the request to the minors caregiver.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 7.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
SEC. 7.1.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 7.2.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(12)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(9)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
SEC. 7.3.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(12)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(9)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 8.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The information described in subdivision (d) of Section 16501.4.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 9.Section 16501.3 of the Welfare and Institutions Code is amended to read:16501.3.(a)The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to identify, respond to, and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system.
(b)Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate.
(c)The duties of a foster care public health nurse shall include, but need not be limited to, the following:
(1)Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice.
(2)Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child.
(3)Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, advocating for the health care needs of the child and ensuring the creation of linkage among various providers of care.
(4)Providing followup contact to assess the childs progress in meeting treatment goals.
(5)At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assist the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, and to assist the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management.
(d)The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other provision of law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
(e)(1)The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section.
(2)Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies.
(f)(1)Notwithstanding Section 10101, prior to the 201112 fiscal year, there shall be no required county match of the nonfederal cost of this program.
(2)Commencing in the 201112 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(g)Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4.
SEC. 9.5.Section 16501.3 of the Welfare and Institutions Code is amended to read:16501.3.(a)The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to promote and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system.
(b)Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate. In order to fulfill these duties, the foster care public health nurse shall have access to the childs medical, dental, and mental health care information, in a manner that is consistent with all relevant privacy requirements.
(c)The duties of a foster care public health nurse shall include, but need not be limited to, the following:
(1)Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice.
(2)Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child.
(3)Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, monitoring and oversight of psychotropic medications, advocating for the health care needs of the child, and ensuring the creation of linkage among various providers of care.
(4)Providing followup contact to assess the childs progress in meeting treatment goals.
(5)At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assisting the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, assisting the nonminor dependent to make informed decisions about his or her health care by, at a minimum, providing educational materials, and assisting the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management.
(d)The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX of the federal Social Security Act at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
(e)(1)The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section.
(2)Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies.
(f)(1)Notwithstanding Section 10101, prior to the 201112 fiscal year, there shall be no required county match of the nonfederal cost of this program.
(2)Commencing in the 201112 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(g)Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4.
SEC. 10.Section 16501.4 is added to the Welfare and Institutions Code, to read:16501.4.In order to ensure the oversight of psychotropic medications that are prescribed for children pursuant to Section 369.5 or 739.5, all of the following shall occur:
(a)The State Department of Health Care Services shall provide to the State Department of Social Services, pursuant to a data sharing agreement meeting the requirements of applicable state and federal law and regulations, information for administration, oversight, and implementation of federal and state health and public social service programs for children in foster care. The departments shall also develop, in consultation with counties, a data sharing agreement in which county placing agencies may opt to participate, which shall enable the county to, at a minimum, receive data reports developed pursuant to this section.
(b)(1)In consultation with the State Department of Health Care Services, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop the content and format for monthly, county-specific reports that describe each child for whom one or more psychotropic medications have been paid for under Medi-Cal, including paid claims and managed care encounters. At a minimum, the report shall include the following information:
(A)Psychotropic medications that have been authorized for the child pursuant to Section 369.5 or 739.5.
(B)Pharmacy data, based on paid claims and managed care encounters, including the name of the psychotropic medication, quantity, and dose prescribed for the child.
(C)Other available data, including, but not limited to, information regarding psychosocial interventions and incidents of polypharmacy.
(2)The report shall include one or more indicators, developed in consultation with the stakeholders identified in paragraph (1), that note children for whom additional followup may be appropriate. The indicators may include, but need not be limited to, an indicator that identifies each child under five years of age for whom one or more psychotropic medications is prescribed and an indicator that identifies each child of any age for whom three or more psychotropic medications are prescribed.
(c)(1)The State Department of Social Services shall distribute to a county placing agency the monthly report for children under its jurisdiction, if the placing agency is a signatory to the data sharing agreement described in subdivision (a).
(2)A county placing agency shall use the form developed pursuant to paragraph (3) to share information pertaining to a child with the appropriate juvenile court, the childs attorney, the county department of behavioral health, and the court-appointed special advocate, if one has been appointed.
(A)In the case of the juvenile court, the information described in subdivision (a) shall be shared in conjunction with reports prepared for each regularly scheduled court hearing.
(B)In the case of the childs attorney, the county department of behavioral health, and court-appointed special advocate, the information described in subdivision (a) shall be shared initially for each child served by these individuals upon the authorization of psychotropic medication, and subsequently when that information changes.
(3)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop a form to be utilized in sharing the information required by paragraph (2).
(d)In consultation with the State Department of Health Care Services, the Judicial Council, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop training that may be provided to county child welfare social workers, probation officers, courts hearing cases pursuant to Section 300, 601, or 602, childrens attorneys, childrens caregivers, court-appointed special advocates, and other relevant staff who work with children under the jurisdiction of the juvenile court that addresses the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, trauma, and substance use disorder and mental health treatments, including how to access those treatments.
SEC. 11.(a)Sections 1.5, 2.1, and 2.2 of this bill incorporate amendments to Sections 1522.41 and 1529.2 of the Health and Safety Code proposed by both this bill and Assembly Bill 403. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Sections 1522.41 and 1529.2 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 403, in which case Sections 1 and 2 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 317 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 224. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 317 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 224, in which case Section 4 of this bill shall not become operative.
(c)(1)Section 7.1 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 403. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, and (3) Senate Bill 794 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 403, in which case Sections 7, 7.2, and 7.3 of this bill shall not become operative.
(2)Section 7.2 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, (3) Assembly Bill 403 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 794, in which case Sections 7, 7.1, and 7.3 of this bill shall not become operative.
(3)Section 7.3 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by this bill, Assembly Bill 403, and Senate Bill 794. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 16003 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 403 and Senate Bill 794, in which case Sections 7, 7.1, and 7.2 of this bill shall not become operative.
(d)Section 9.5 of this bill incorporates amendments to Section 16501.3 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 319. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501.3 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 319, in which case Section 9 of this bill shall not become operative.
SEC. 12.(a)To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation, Section 36 of Article XIII of the California Constitution shall govern this acts application to local agencies and the states funding of those programs or levels of service.
(b)However, if the Commission on State Mandates determines that this act contains other costs mandated by the state for programs or levels of service not described in subdivision (a), reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The director, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish a certification program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home facility shall successfully complete a department-approved certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home on the effective date of this section shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)Individuals applying for certification under this section shall successfully complete an approved certification program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home facility. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home facility administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community college course hours approved by the regional centers shall be accepted by the department for certification.
(2)Every administrator of a group home facility shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j).
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group home facilities.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home facility as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 1.5.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment.
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs of facility residents.
(G)Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)(A)Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. The department shall accept for certification, community college course hours approved by the regional centers.
(2)Every administrator of a group home or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(l)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
SEC. 2.1.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to best practices for providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 2.2.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1)Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1)Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1)Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The information described in subdivision (d) of Section 16501.4.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 317 of the Welfare and Institutions Code is amended to read:317.(a)(1)When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section.
(2)When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the provisions of Section 1912(b) of Title 25 of the United States Code and Section 23.13 of Title 25 of the Code of Federal Regulations shall apply.
(b)When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(c)(1)If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent.
(3)Counsel may be a district attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interests conflict with the childs or nonminor dependents interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest.
(4)The court may fix the compensation for the services of appointed counsel.
(5)(A)The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001.
(B)The training requirements imposed pursuant to subparagraph (A) shall include instruction on both of the following:
(i)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(ii)The information described in subdivision (d) of Section 16501.4.
(d)Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services.
(e)(1)Counsel shall be charged in general with the representation of the childs interests. To that end, counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the childs welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent.
(2)If the child is four years of age or older, counsel shall interview the child to determine the childs wishes and assess the childs well-being, and shall advise the court of the childs wishes. Counsel shall not advocate for the return of the child if, to the best of his or her knowledge, return of the child conflicts with the protection and safety of the child.
(3)Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child.
(4)(A)At least once every year, if the list of educational liaisons is available on the Internet Web site for the State Department of Education, both of the following shall apply:
(i)Counsel shall provide his or her contact information to the educational liaison, as described in subdivision (b) of Section 48853.5 of the Education Code, of each local educational agency serving counsels foster child clients in the county of jurisdiction.
(ii)If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons.
(B)The childs caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the childs attorney to the childs local educational agency.
(C)Counsel for the child and counsels agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the childs return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate.
(5)Nothing in this subdivision shall be construed to permit counsel to violate a childs attorney-client privilege.
(6)The changes made to this subdivision during the 201112 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law.
(7)The court shall take whatever appropriate action is necessary to fully protect the interests of the child.
(f)Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling his or her obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a child care custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a childs guardian ad litem, shall be provided to the childs counsel within 30 days of the request.
(g)In a county of the third class, if counsel is to be provided to a child at the countys expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record.
(h)In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the countys expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record.
SEC. 4.5.Section 317 of the Welfare and Institutions Code is amended to read:317.(a)(1)When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section.
(2)When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the provisions of Section 1912(b) of Title 25 of the United States Code and Section 23.13 of Title 25 of the Code of Federal Regulations shall apply.
(b)When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(c)(1)If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent.
(3)Counsel may be a district attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interests conflict with the childs or nonminor dependents interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest.
(4)The court may fix the compensation for the services of appointed counsel.
(5)(A)The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001.
(B)The training requirements imposed pursuant to subparagraph (A) shall include instruction on both of the following:
(i)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(ii)The information described in subdivision (d) of Section 16501.4.
(d)Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services.
(e)(1)Counsel shall be charged in general with the representation of the childs interests. To that end, counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the childs welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent.
(2)If the child is four years of age or older, counsel shall interview the child to determine the childs wishes and assess the childs well-being, and shall advise the court of the childs wishes. Counsel shall not advocate for the return of the child if, to the best of his or her knowledge, return of the child conflicts with the protection and safety of the child.
(3)Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child.
(4)(A)At least once every year, if the list of educational liaisons is available on the Internet Web site for the State Department of Education, both of the following shall apply:
(i)Counsel shall provide his or her contact information to the educational liaison, as described in subdivision (c) of Section 48853.5 of the Education Code, of each local educational agency serving counsels foster child clients in the county of jurisdiction.
(ii)If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons.
(B)The childs caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the childs attorney to the childs local educational agency.
(C)Counsel for the child and counsels agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the childs return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate.
(5)Nothing in this subdivision shall be construed to permit counsel to violate a childs attorney-client privilege.
(6)The changes made to this subdivision during the 201112 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law.
(7)The court shall take whatever appropriate action is necessary to fully protect the interests of the child.
(f)Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling his or her obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a child care custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a childs guardian ad litem, shall be provided to the childs counsel within 30 days of the request.
(g)In a county of the third class, if counsel is to be provided to a child at the countys expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record.
(h)In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the countys expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record.
SEC. 5.Section 369.5 of the Welfare and Institutions Code is amended to read:369.5.(a)(1)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 under Section 361, 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 upon making findings on the record that the parent 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 childs diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.
(2)(A)On or before July 1, 2016, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this section, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, associations representing current and former foster children, caregivers, and childrens attorneys. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 739.5.
(B)The rules of court and forms developed pursuant to subparagraph (A) shall address all of the following:
(i)The child and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed.
(ii)Information regarding the childs overall mental health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the childs response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the childs symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The rules of court and forms developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and childs observations regarding the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other mental health treatments that are a part of the childs overall treatment plan. The periodic oversight shall be facilitated by the county social worker, public health nurse, or other appropriate county staff. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county child welfare agency.
(b)(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.
(c)(1)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 childs attorney, or upon its own motion, set the matter for hearing.
(2)Notwithstanding Section 827 or any other law, upon the approval or denial by the juvenile court judicial officer of a request for authorization for the administration of psychotropic medication, the county child welfare agency or other person or entity who submitted the request shall provide a copy of the court order approving or denying the request to the childs caregiver.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 6.Section 739.5 of the Welfare and Institutions Code is amended to read:739.5.(a)(1)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 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 upon making findings on the record that the parent 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 minors diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.
(2)(A)On or before July 1, 2016, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this section, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, associations representing current and former foster children, caregivers, and minors attorneys. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 369.5.
(B)The rules of court and forms developed pursuant to subparagraph (A) shall address all of the following:
(i)The minor and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed.
(ii)Information regarding the minors overall mental health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the minors response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the minors symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The rules of court and forms developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and minors observations regarding the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other mental health treatments that are a part of the minors overall treatment plan. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county probation agency.
(b)(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.
(c)(1)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 minors attorney, or upon its own motion, set the matter for hearing.
(2)Notwithstanding Section 827 or any other law, upon the approval or denial by the juvenile court judicial officer of a request for authorization for the administration of psychotropic medication, the county probation agency or other person or entity who submitted the request shall provide a copy of the court order approving or denying the request to the minors caregiver.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 7.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
SEC. 7.1.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 7.2.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(12)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(9)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
SEC. 7.3.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(12)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(9)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 8.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The information described in subdivision (d) of Section 16501.4.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 9.Section 16501.3 of the Welfare and Institutions Code is amended to read:16501.3.(a)The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to identify, respond to, and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system.
(b)Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate.
(c)The duties of a foster care public health nurse shall include, but need not be limited to, the following:
(1)Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice.
(2)Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child.
(3)Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, advocating for the health care needs of the child and ensuring the creation of linkage among various providers of care.
(4)Providing followup contact to assess the childs progress in meeting treatment goals.
(5)At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assist the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, and to assist the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management.
(d)The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other provision of law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
(e)(1)The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section.
(2)Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies.
(f)(1)Notwithstanding Section 10101, prior to the 201112 fiscal year, there shall be no required county match of the nonfederal cost of this program.
(2)Commencing in the 201112 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(g)Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4.
SEC. 9.5.Section 16501.3 of the Welfare and Institutions Code is amended to read:16501.3.(a)The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to promote and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system.
(b)Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate. In order to fulfill these duties, the foster care public health nurse shall have access to the childs medical, dental, and mental health care information, in a manner that is consistent with all relevant privacy requirements.
(c)The duties of a foster care public health nurse shall include, but need not be limited to, the following:
(1)Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice.
(2)Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child.
(3)Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, monitoring and oversight of psychotropic medications, advocating for the health care needs of the child, and ensuring the creation of linkage among various providers of care.
(4)Providing followup contact to assess the childs progress in meeting treatment goals.
(5)At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assisting the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, assisting the nonminor dependent to make informed decisions about his or her health care by, at a minimum, providing educational materials, and assisting the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management.
(d)The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX of the federal Social Security Act at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
(e)(1)The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section.
(2)Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies.
(f)(1)Notwithstanding Section 10101, prior to the 201112 fiscal year, there shall be no required county match of the nonfederal cost of this program.
(2)Commencing in the 201112 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(g)Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4.
SEC. 10.Section 16501.4 is added to the Welfare and Institutions Code, to read:16501.4.In order to ensure the oversight of psychotropic medications that are prescribed for children pursuant to Section 369.5 or 739.5, all of the following shall occur:
(a)The State Department of Health Care Services shall provide to the State Department of Social Services, pursuant to a data sharing agreement meeting the requirements of applicable state and federal law and regulations, information for administration, oversight, and implementation of federal and state health and public social service programs for children in foster care. The departments shall also develop, in consultation with counties, a data sharing agreement in which county placing agencies may opt to participate, which shall enable the county to, at a minimum, receive data reports developed pursuant to this section.
(b)(1)In consultation with the State Department of Health Care Services, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop the content and format for monthly, county-specific reports that describe each child for whom one or more psychotropic medications have been paid for under Medi-Cal, including paid claims and managed care encounters. At a minimum, the report shall include the following information:
(A)Psychotropic medications that have been authorized for the child pursuant to Section 369.5 or 739.5.
(B)Pharmacy data, based on paid claims and managed care encounters, including the name of the psychotropic medication, quantity, and dose prescribed for the child.
(C)Other available data, including, but not limited to, information regarding psychosocial interventions and incidents of polypharmacy.
(2)The report shall include one or more indicators, developed in consultation with the stakeholders identified in paragraph (1), that note children for whom additional followup may be appropriate. The indicators may include, but need not be limited to, an indicator that identifies each child under five years of age for whom one or more psychotropic medications is prescribed and an indicator that identifies each child of any age for whom three or more psychotropic medications are prescribed.
(c)(1)The State Department of Social Services shall distribute to a county placing agency the monthly report for children under its jurisdiction, if the placing agency is a signatory to the data sharing agreement described in subdivision (a).
(2)A county placing agency shall use the form developed pursuant to paragraph (3) to share information pertaining to a child with the appropriate juvenile court, the childs attorney, the county department of behavioral health, and the court-appointed special advocate, if one has been appointed.
(A)In the case of the juvenile court, the information described in subdivision (a) shall be shared in conjunction with reports prepared for each regularly scheduled court hearing.
(B)In the case of the childs attorney, the county department of behavioral health, and court-appointed special advocate, the information described in subdivision (a) shall be shared initially for each child served by these individuals upon the authorization of psychotropic medication, and subsequently when that information changes.
(3)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop a form to be utilized in sharing the information required by paragraph (2).
(d)In consultation with the State Department of Health Care Services, the Judicial Council, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop training that may be provided to county child welfare social workers, probation officers, courts hearing cases pursuant to Section 300, 601, or 602, childrens attorneys, childrens caregivers, court-appointed special advocates, and other relevant staff who work with children under the jurisdiction of the juvenile court that addresses the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, trauma, and substance use disorder and mental health treatments, including how to access those treatments.
SEC. 11.(a)Sections 1.5, 2.1, and 2.2 of this bill incorporate amendments to Sections 1522.41 and 1529.2 of the Health and Safety Code proposed by both this bill and Assembly Bill 403. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Sections 1522.41 and 1529.2 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 403, in which case Sections 1 and 2 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 317 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 224. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 317 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 224, in which case Section 4 of this bill shall not become operative.
(c)(1)Section 7.1 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 403. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, and (3) Senate Bill 794 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 403, in which case Sections 7, 7.2, and 7.3 of this bill shall not become operative.
(2)Section 7.2 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, (3) Assembly Bill 403 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 794, in which case Sections 7, 7.1, and 7.3 of this bill shall not become operative.
(3)Section 7.3 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by this bill, Assembly Bill 403, and Senate Bill 794. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 16003 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 403 and Senate Bill 794, in which case Sections 7, 7.1, and 7.2 of this bill shall not become operative.
(d)Section 9.5 of this bill incorporates amendments to Section 16501.3 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 319. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501.3 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 319, in which case Section 9 of this bill shall not become operative.
SEC. 12.(a)To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation, Section 36 of Article XIII of the California Constitution shall govern this acts application to local agencies and the states funding of those programs or levels of service.
(b)However, if the Commission on State Mandates determines that this act contains other costs mandated by the state for programs or levels of service not described in subdivision (a), reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The director, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish a certification program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home facility shall successfully complete a department-approved certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home on the effective date of this section shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)Individuals applying for certification under this section shall successfully complete an approved certification program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home facility. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home facility administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community college course hours approved by the regional centers shall be accepted by the department for certification.
(2)Every administrator of a group home facility shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j).
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group home facilities.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home facility as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 1.5.Section 1522.41 of the Health and Safety Code is amended to read:1522.41.(a)(1)The director, department, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish a an administrator certification training program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(2)The department shall develop and establish an administrator certification training program to ensure that administrators of short-term residential treatment center facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home facility or short-term residential treatment center shall successfully complete a specified department-approved training certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home on the effective date of this section shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases where when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs for group homes shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents. residents, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs for of facility residents.
(G)Administration, Assistance with self-administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and and related best practices for, for providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(2)The administrator certification programs for short-term residential treatment centers shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations and management and supervision of staff, including staff training.
(C)Physical and psychosocial needs of the children, including behavior management, de-escalation techniques, and trauma informed crisis management planning.
(D)Permanence, well-being, and educational needs of the children.
(E)Community and support services, including accessing local behavioral and mental health supports and interventions, substance use disorder treatments, and culturally relevant services, as appropriate.
(F)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(G)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(H)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(I)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code.
(d)Administrators who possess a valid group home license, issued by the department, are exempt from completing an approved initial certification training program and taking a written test, provided the individual completes 12 hours of classroom instruction in the following uniform core of knowledge areas:
(1)Laws, regulations, and policies and procedural standards that impact the operations of a short-term residential treatment center.
(2)(A) Authorization, uses, benefits, side effects, interactions, assistance with self-administration, misuse, documentation, and storage of medications.
(B)Metabolic monitoring of children prescribed psychotropic medications.
(3)Admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(4)The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children as including culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
(5)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(6)Physical and psychosocial needs of children, including behavior management, deescalation techniques, and trauma informed crisis management planning.
(3)
(e)Individuals applying for administrator certification under this section shall successfully complete an approved administrator certification training program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) (f) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)
(f)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)
(g)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home facility. or short-term residential treatment center. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)
(h)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home facility or short-term residential treatment center administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community The department shall accept for certification, community college course hours approved by the regional centers shall be accepted by the department for certification. centers.
(2)Every administrator of a group home facility or short-term residential treatment center shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), this subdivision, and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)
(i)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)
(j)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving administrator certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j). department.
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group home facilities. homes or short-term residential treatment centers.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes or short-term residential treatment centers and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect administrator certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)
(k)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)
(l)Notwithstanding any provision of law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home facility or short-term residential treatment center as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
SEC. 2.1.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and to best practices for, for providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free harassment- and violence-free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
(d)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 2.2.Section 1529.2 is added to the Health and Safety Code, to read:1529.2.(a)It is the intent of the Legislature that all foster parents have the necessary knowledge, skills, and abilities to support the safety, permanency, and well-being of children in foster care. Initial and ongoing preparation and training of foster parents should support the foster parents role in parenting vulnerable children, youth, and young adults, including supporting the childrens connection with their families. Their training should be ongoing in order to provide foster parents with information on new practices and requirements and other helpful topics within the child welfare and probation systems and may be offered in a classroom setting, online, or individually.
(b)A licensed or certified foster parent shall complete a minimum of eight training hours annually, a portion of which shall be from one or more of the following topics, as prescribed by the department, pursuant to subdivision (a):
(1)Age-appropriate child and adolescent development.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(3)Positive discipline and the importance of self-esteem.
(4)Preparation of children and youth for a successful transition to adulthood.
(5)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(6)Instruction on cultural competency and sensitivity and related best practices for providing adequate care for children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(c)In addition to any training required by this section, a foster parent may be required to receive specialized training, as relevant, for the purpose of preparing the foster parent to meet the needs of a particular child in care. This training may include, but is not limited to, the following:
(1)Understanding how to use best practices for providing care and supervision to commercially sexually exploited children.
(2)Understanding cultural needs of children, including, but not limited to, cultural competency and sensitivity and related best practices for providing adequate care to children across diverse ethnic and racial backgrounds, as well as children identifying as lesbian, gay, bisexual, or transgender.
(3)Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
(4)Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership and connection to the tribal community and traditions.
(5)Understanding how to use best practices for providing care and supervision to nonminor dependents.
(6)Understanding how to use best practices for providing care and supervision to children with special health care needs.
(d)No child shall be placed with a foster parent unless each foster parent in the home meets the requirements of this section.
(e)(1) Upon the request of the licensed or certified foster parent for a hardship waiver from the annual training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the training requirement or extend any established deadline for a period not to exceed one year, if the training requirement presents a severe and unavoidable obstacle to continuing as a foster parent.
(2)Obstacles for which a county may grant a hardship waiver or extension are:
(A)Lack of access to training due to the cost or travel required or lack of child care to participate in the training, when online resources are not available.
(B)Family emergency.
(3)Before a waiver or extension may be granted, the licensed or certified foster parent should explore the opportunity of receiving training online or by video or written materials.
(f)(1) Foster parent training may be obtained through sources that include, but are not necessarily limited to, community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, online resources, adult schools, and certified foster parent instructors.
(2)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(g)(1) Training certificates shall be submitted to the appropriate licensing or foster family agency.
(2)Upon completion, a licensed or certified parent shall submit a certificate of completion for the annual training requirements.
(h)Nothing in this section shall preclude a county or a foster family agency from requiring foster parent training in excess of the requirements in this section.
(i)This section shall become operative on January 1, 2017.
(j)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The information described in subdivision (d) of Section 16501.4.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 317 of the Welfare and Institutions Code is amended to read:317.(a)(1)When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section.
(2)When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the provisions of Section 1912(b) of Title 25 of the United States Code and Section 23.13 of Title 25 of the Code of Federal Regulations shall apply.
(b)When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(c)(1)If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent.
(3)Counsel may be a district attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interests conflict with the childs or nonminor dependents interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest.
(4)The court may fix the compensation for the services of appointed counsel.
(5)(A)The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001.
(B)The training requirements imposed pursuant to subparagraph (A) shall include instruction on both of the following:
(i)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(ii)The information described in subdivision (d) of Section 16501.4.
(d)Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services.
(e)(1)Counsel shall be charged in general with the representation of the childs interests. To that end, counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the childs welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent.
(2)If the child is four years of age or older, counsel shall interview the child to determine the childs wishes and assess the childs well-being, and shall advise the court of the childs wishes. Counsel shall not advocate for the return of the child if, to the best of his or her knowledge, return of the child conflicts with the protection and safety of the child.
(3)Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child.
(4)(A)At least once every year, if the list of educational liaisons is available on the Internet Web site for the State Department of Education, both of the following shall apply:
(i)Counsel shall provide his or her contact information to the educational liaison, as described in subdivision (b) of Section 48853.5 of the Education Code, of each local educational agency serving counsels foster child clients in the county of jurisdiction.
(ii)If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons.
(B)The childs caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the childs attorney to the childs local educational agency.
(C)Counsel for the child and counsels agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the childs return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate.
(5)Nothing in this subdivision shall be construed to permit counsel to violate a childs attorney-client privilege.
(6)The changes made to this subdivision during the 201112 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law.
(7)The court shall take whatever appropriate action is necessary to fully protect the interests of the child.
(f)Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling his or her obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a child care custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a childs guardian ad litem, shall be provided to the childs counsel within 30 days of the request.
(g)In a county of the third class, if counsel is to be provided to a child at the countys expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record.
(h)In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the countys expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record.
SEC. 4.5.Section 317 of the Welfare and Institutions Code is amended to read:317.(a)(1)When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section.
(2)When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the provisions of Section 1912(b) of Title 25 of the United States Code and Section 23.13 of Title 25 of the Code of Federal Regulations shall apply.
(b)When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(c)(1) If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent.
(c)If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding. A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent. Counsel
(3)Counsel may be a district attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interests conflict with the childs or nonminor dependents interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest. The court may fix the compensation for the services of appointed counsel. The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001. Those training requirements shall include instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(4)The court may fix the compensation for the services of appointed counsel.
(5)(A) The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001.
(B)The training requirements imposed pursuant to subparagraph (A) shall include instruction on both of the following:
(i)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(ii)The information described in subdivision (d) of Section 16501.4.
(d)Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services.
(e)(1)Counsel shall be charged in general with the representation of the childs interests. To that end, counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the childs welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent.
(2)If the child is four years of age or older, counsel shall interview the child to determine the childs wishes and assess the childs well-being, and shall advise the court of the childs wishes. Counsel shall not advocate for the return of the child if, to the best of his or her knowledge, return of the child conflicts with the protection and safety of the child.
(3)Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child.
(4)(A)At least once every year, if the list of educational liaisons is available on the Internet Web site for the State Department of Education, both of the following shall apply:
(i)Counsel shall provide his or her contact information to the educational liaison, as described in subdivision (b) (c) of Section 48853.5 of the Education Code, of each local educational agency serving counsels foster child clients in the county of jurisdiction.
(ii)If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons.
(B)The childs caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the childs attorney to the childs local educational agency.
(C)Counsel for the child and counsels agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the childs return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate.
(5)Nothing in this subdivision shall be construed to permit counsel to violate a childs attorney-client privilege.
(6)The changes made to this subdivision during the 201112 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law.
(7)The court shall take whatever appropriate action is necessary to fully protect the interests of the child.
(f)Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling his or her obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a child care custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a childs guardian ad litem, shall be provided to the childs counsel within 30 days of the request.
(g)In a county of the third class, if counsel is to be provided to a child at the countys expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record.
(h)In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the countys expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record.
SEC. 5.Section 369.5 of the Welfare and Institutions Code is amended to read:369.5.(a)(1)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 under Section 361, 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 upon making findings on the record that the parent 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 childs diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.
(2)(A)On or before July 1, 2016, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this section, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, associations representing current and former foster children, caregivers, and childrens attorneys. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 739.5.
(B)The rules of court and forms developed pursuant to subparagraph (A) shall address all of the following:
(i)The child and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed.
(ii)Information regarding the childs overall mental health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the childs response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the childs symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The rules of court and forms developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and childs observations regarding the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other mental health treatments that are a part of the childs overall treatment plan. The periodic oversight shall be facilitated by the county social worker, public health nurse, or other appropriate county staff. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county child welfare agency.
(b)(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.
(c)(1)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 childs attorney, or upon its own motion, set the matter for hearing.
(2)Notwithstanding Section 827 or any other law, upon the approval or denial by the juvenile court judicial officer of a request for authorization for the administration of psychotropic medication, the county child welfare agency or other person or entity who submitted the request shall provide a copy of the court order approving or denying the request to the childs caregiver.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 6.Section 739.5 of the Welfare and Institutions Code is amended to read:739.5.(a)(1)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 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 upon making findings on the record that the parent 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 minors diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.
(2)(A)On or before July 1, 2016, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this section, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, associations representing current and former foster children, caregivers, and minors attorneys. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 369.5.
(B)The rules of court and forms developed pursuant to subparagraph (A) shall address all of the following:
(i)The minor and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed.
(ii)Information regarding the minors overall mental health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the minors response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the minors symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The rules of court and forms developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and minors observations regarding the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other mental health treatments that are a part of the minors overall treatment plan. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county probation agency.
(b)(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.
(c)(1)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 minors attorney, or upon its own motion, set the matter for hearing.
(2)Notwithstanding Section 827 or any other law, upon the approval or denial by the juvenile court judicial officer of a request for authorization for the administration of psychotropic medication, the county probation agency or other person or entity who submitted the request shall provide a copy of the court order approving or denying the request to the minors caregiver.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 7.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
SEC. 7.1.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 7.2.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student School Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(12)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student School Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(9)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
SEC. 7.3.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker caregiver as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to training, pursuant to Sections 1522.44 and 1529.2 of the Health and Safety Code, to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but child. The training shall include, but is not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(12)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(1)Child and adolescent development, including sexual orientation, gender identity, and expression.
(2)Health issues in foster care. care, including, but not limited to, the information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code). Code.
(9)Knowledge of, and skills related to, the application of the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, as set forth in Section 1522.44 of the Health and Safety Code.
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
(g)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
SEC. 8.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The information described in subdivision (d) of Section 16501.4.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 9.Section 16501.3 of the Welfare and Institutions Code is amended to read:16501.3.(a)The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to identify, respond to, and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system.
(b)Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate.
(c)The duties of a foster care public health nurse shall include, but need not be limited to, the following:
(1)Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice.
(2)Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child.
(3)Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, advocating for the health care needs of the child and ensuring the creation of linkage among various providers of care.
(4)Providing followup contact to assess the childs progress in meeting treatment goals.
(5)At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assist the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, and to assist the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management.
(d)The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other provision of law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
(e)(1)The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section.
(2)Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies.
(f)(1)Notwithstanding Section 10101, prior to the 201112 fiscal year, there shall be no required county match of the nonfederal cost of this program.
(2)Commencing in the 201112 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(g)Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4.
SEC. 9.5.Section 16501.3 of the Welfare and Institutions Code is amended to read:16501.3.(a)The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of healthcare health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to identify, respond to, promote and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system.
(b)Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate. In order to fulfill these duties, the foster care public health nurse shall have access to the childs medical, dental, and mental health care information, in a manner that is consistent with all relevant privacy requirements.
(c)The duties of a foster care public health nurse shall include, but need not be limited to, the following:
(1)Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice.
(2)Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child.
(3)Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, monitoring and oversight of psychotropic medications, advocating for the health care needs of the child child, and ensuring the creation of linkage among various providers of care.
(4)Providing followup contact to assess the childs progress in meeting treatment goals.
(5)At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assist assisting the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, and to assist assisting the nonminor dependent to make informed decisions about his or her health care by, at a minimum, providing educational materials, and assisting the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management.
(d)The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX of the federal Social Security Act at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other provision of law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
(e)(1)The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section.
(2)Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies.
(f)(1)Notwithstanding Section 10101, prior to the 201112 fiscal year, there shall be no required county match of the nonfederal cost of this program.
(2)Commencing in the 201112 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(g)Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4.
SEC. 10.Section 16501.4 is added to the Welfare and Institutions Code, to read:16501.4.In order to ensure the oversight of psychotropic medications that are prescribed for children pursuant to Section 369.5 or 739.5, all of the following shall occur:
(a)The State Department of Health Care Services shall provide to the State Department of Social Services, pursuant to a data sharing agreement meeting the requirements of applicable state and federal law and regulations, information for administration, oversight, and implementation of federal and state health and public social service programs for children in foster care. The departments shall also develop, in consultation with counties, a data sharing agreement in which county placing agencies may opt to participate, which shall enable the county to, at a minimum, receive data reports developed pursuant to this section.
(b)(1)In consultation with the State Department of Health Care Services, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop the content and format for monthly, county-specific reports that describe each child for whom one or more psychotropic medications have been paid for under Medi-Cal, including paid claims and managed care encounters. At a minimum, the report shall include the following information:
(A)Psychotropic medications that have been authorized for the child pursuant to Section 369.5 or 739.5.
(B)Pharmacy data, based on paid claims and managed care encounters, including the name of the psychotropic medication, quantity, and dose prescribed for the child.
(C)Other available data, including, but not limited to, information regarding psychosocial interventions and incidents of polypharmacy.
(2)The report shall include an indicator that identifies one or more indicators, developed in consultation with the stakeholders identified in paragraph (1), that note children for whom additional followup may be appropriate. The indicators may include, but need not be limited to, an indicator that identifies each child under five years of age for whom one or more psychotropic medications is prescribed and an indicator that identifies each child of any age for whom three or more psychotropic medications are prescribed.
(c)(1)The State Department of Social Services shall distribute to a county placing agency the monthly report for children under its jurisdiction, if the placing agency is a signatory to the data sharing agreement described in subdivision (a).
(2)A county placing agency shall use the form developed pursuant to paragraph (3) to share information pertaining to a child with the appropriate juvenile court, the childs attorney, the county department of behavioral health, and the court-appointed special advocate, if one has been appointed.
(A)In the case of the juvenile court, the information described in subdivision (a) shall be shared in conjunction with reports prepared for each regularly scheduled court hearing.
(B)In the case of the childs attorney, the county department of behavioral health, and court-appointed special advocate, the information described in subdivision (a) shall be shared initially for each child served by these individuals upon the authorization of psychotropic medication, and subsequently when that information changes.
(3)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop a form to be utilized in sharing the information required by paragraph (2).
(d)In consultation with the State Department of Health Care Services, the Judicial Council, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, the State Department of Social Services shall develop training that may be provided to county child welfare social workers, probation officers, courts hearing cases pursuant to Section 300, 601, or 602, childrens attorneys, childrens caregivers, court-appointed special advocates, and other relevant staff who work with children under the jurisdiction of the juvenile court that addresses the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, trauma, and substance use disorder and mental health treatments, including how to access those treatments.
SEC. 11.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
SEC. 11.(a)Sections 1.5, 2.1, and 2.2 of this bill incorporate amendments to Sections 1522.41 and 1529.2 of the Health and Safety Code proposed by both this bill and Assembly Bill 403. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Sections 1522.41 and 1529.2 of the Health and Safety Code, and (3) this bill is enacted after Assembly Bill 403, in which case Sections 1 and 2 of this bill shall not become operative.
(b)Section 4.5 of this bill incorporates amendments to Section 317 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 224. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 317 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 224, in which case Section 4 of this bill shall not become operative.
(c)(1)Section 7.1 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 403. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, and (3) Senate Bill 794 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 403, in which case Sections 7, 7.2, and 7.3 of this bill shall not become operative.
(2)Section 7.2 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 794. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16003 of the Welfare and Institutions Code, (3) Assembly Bill 403 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 794, in which case Sections 7, 7.1, and 7.3 of this bill shall not become operative.
(3)Section 7.3 of this bill incorporates amendments to Section 16003 of the Welfare and Institutions Code proposed by this bill, Assembly Bill 403, and Senate Bill 794. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 16003 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 403 and Senate Bill 794, in which case Sections 7, 7.1, and 7.2 of this bill shall not become operative.
(d)Section 9.5 of this bill incorporates amendments to Section 16501.3 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 319. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 16501.3 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 319, in which case Section 9 of this bill shall not become operative.
SEC. 12.(a)To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation, Section 36 of Article XIII of the California Constitution shall govern this acts application to local agencies and the states funding of those programs or levels of service.
(b)However, if the Commission on State Mandates determines that this act contains other costs mandated by the state for programs or levels of service not described in subdivision (a), reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The director, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish a certification program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home facility shall successfully complete a department-approved certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home on the effective date of this section shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments. information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)Individuals applying for certification under this section shall successfully complete an approved certification program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home facility. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home facility administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community college course hours approved by the regional centers shall be accepted by the department for certification.
(2)Every administrator of a group home facility shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j).
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group home facilities.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home facility as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments. information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments. information described in subdivision (d) of Section 16501.4 of the Welfare and Institutions Code.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(3)The information described in subdivision (d) of Section 16501.4.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 317 of the Welfare and Institutions Code is amended to read:317.(a)(1)When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section.
(2)When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the provisions of Section 1912(b) of Title 25 of the United States Code and Section 23.13 of Title 25 of the Code of Federal Regulations shall apply.
(b)When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(c)(1)If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent.
(3)Counsel may be a district attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interests conflict with the childs or nonminor dependents interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest.
(4)The court may fix the compensation for the services of appointed counsel.
(5)(A)The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001.
(B)The training requirements imposed pursuant to subparagraph (A) shall include instruction on both of the following:
(i)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(ii)The authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(ii)The information described in subdivision (d) of Section 16501.4.
(d)Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services.
(e)(1)Counsel shall be charged in general with the representation of the childs interests. To that end, counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the childs welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent.
(2)If the child is four years of age or older, counsel shall interview the child to determine the childs wishes and assess the childs well-being, and shall advise the court of the childs wishes. Counsel shall not advocate for the return of the child if, to the best of his or her knowledge, return of the child conflicts with the protection and safety of the child.
(3)Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child.
(4)(A)At least once every year, if the list of educational liaisons is available on the Internet Web site for the State Department of Education, both of the following shall apply:
(i)Counsel shall provide his or her contact information to the educational liaison, as described in subdivision (b) of Section 48853.5 of the Education Code, of each local educational agency serving counsels foster child clients in the county of jurisdiction.
(ii)If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons.
(B)The childs caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the childs attorney to the childs local educational agency.
(C)Counsel for the child and counsels agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the childs return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate.
(5)Nothing in this subdivision shall be construed to permit counsel to violate a childs attorney-client privilege.
(6)The changes made to this subdivision during the 201112 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law.
(7)The court shall take whatever appropriate action is necessary to fully protect the interests of the child.
(f)Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling his or her obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a child care custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a childs guardian ad litem, shall be provided to the childs counsel within 30 days of the request.
(g)In a county of the third class, if counsel is to be provided to a child at the countys expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record.
(h)In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the countys expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record.
SEC. 5.Section 369.5 of the Welfare and Institutions Code is amended to read:369.5.(a)(1)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 under Section 361, 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 upon making findings on the record that the parent 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 childs diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.
(2)(A)On or before July 1, 2016, the Judicial Council shall, shall amend and adopt rules of court and develop appropriate forms for the implementation of this section, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, associations representing current and former foster children, county behavioral health departments, the Chief Probation Officers of California, caregivers, and childrens attorneys, develop updates to the implementation of this section and related forms. caregivers, and childrens attorneys. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 739.5.
(B)The implementation updates rules of court and forms developed pursuant to subparagraph (A) shall ensure address all of the following:
(i)The child and his or her caregiver and court-appointed special advocate, if any, have a meaningful an opportunity to provide input on the medications being prescribed.
(ii)Information regarding the childs overall behavioral mental health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the childs response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the childs symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The implementation updates rules of court and forms developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and childs observations relating to regarding the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other behavioral mental health treatments that are a part of the childs overall treatment plan. The periodic oversight shall be facilitated by the county social worker, public health nurse, or other appropriate county staff. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county child welfare agency.
(D)On or before July 1, 2016, the Judicial Council shall adopt or amend rules of court and forms to implement the updates developed pursuant to this paragraph.
(b)(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.
(c)(1)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 childs attorney, or upon its own motion, set the matter for hearing.
(2)Notwithstanding Section 827 or any other law, upon the approval or denial by the juvenile court judicial officer of a request for authorization for the administration of psychotropic medication, the county child welfare agency or other person or entity who submitted the request shall provide a copy of the court order approving or denying the request to the childs caregiver.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 6.Section 739.5 of the Welfare and Institutions Code is amended to read:739.5.(a)(1)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 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 upon making findings on the record that the parent 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 minors diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.
(2)(A)On or before July 1, 2016, the Judicial Council shall, shall amend and adopt rules of court and develop appropriate forms for the implementation of this section, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, associations representing current and former foster children, county behavioral health departments, the Chief Probation Officers of California, caregivers, and childrens attorneys, develop updates to the implementation of this section and related forms. caregivers, and minors attorneys. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 369.5.
(B)The implementation of the updates rules of court and forms developed pursuant to subparagraph (A) shall ensure address all of the following:
(i)The child minor and his or her caregiver and court-appointed special advocate, if any, have a meaningful an opportunity to provide input on the medications being prescribed.
(ii)Information regarding the childs minors overall behavioral mental health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the childs minors response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the childs minors symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The implementation updates rules of court and forms developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and childs minors observations relating to regarding the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other behavioral mental health treatments that are a part of the childs minors overall treatment plan. The periodic oversight shall be facilitated by the county social worker, public health nurse, or other appropriate county staff. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county child welfare probation agency.
(D)On or before July 1, 2016, the Judicial Council shall adopt or amend rules of court and forms to implement the updates developed pursuant to this paragraph.
(b)(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.
(c)(1)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 minors attorney, or upon its own motion, set the matter for hearing.
(2)Notwithstanding Section 827 or any other law, upon the approval or denial by the juvenile court judicial officer of a request for authorization for the administration of psychotropic medication, the county probation agency or other person or entity who submitted the request shall provide a copy of the court order approving or denying the request to the minors caregiver.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 7.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments. information described in subdivision (d) of Section 16501.4.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments. information described in subdivision (d) of Section 16501.4.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
SEC. 8.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(14)The information described in subdivision (d) of Section 16501.4.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 9.Section 16501.3 of the Welfare and Institutions Code is amended to read:16501.3.(a)The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of healthcare health care to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to identify, respond to, and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system.
(b)Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate.
(c)The duties of a foster care public health nurse shall include, but need not be limited to, the following:
(1)Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice.
(2)Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child.
(3)Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, advocating for the health care needs of the child and ensuring the creation of linkage among various providers of care.
(4)Providing followup contact to assess the childs progress in meeting treatment goals.
(5)At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assist the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, and to assist the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management.
(d)The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other provision of law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
(e)(1)The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section.
(2)Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies.
(f)(1)Notwithstanding Section 10101, prior to the 201112 fiscal year, there shall be no required county match of the nonfederal cost of this program.
(2)Commencing in the 201112 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(g)Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4 regarding the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments for children receiving child welfare services, including how to access those treatments. subdivision (d) of Section 16501.4.
SEC. 10.Section 16501.4 is added to the Welfare and Institutions Code, to read:16501.4.In order to ensure the oversight of psychotropic medications that are prescribed for children receiving child welfare services, pursuant to Section 369.5 or 739.5, all of the following shall occur:
(a)The State Department of Health Care Services shall provide to the State Department of Social Services, pursuant to a data sharing agreement meeting the requirements of applicable state and federal law and regulations, information for administration, oversight, and implementation of federal and state health and public social service programs for children in foster care. The departments shall also develop, in consultation with counties, a data sharing agreement in which county placing agencies may opt to participate, which shall enable the county to, at a minimum, receive data reports developed pursuant to this section.
(a)
(b)(1)In consultation with the State Department of Health Care Services, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and other stakeholders, the State Department of Social Services shall develop and provide an individualized monthly report to each county child welfare services agency. At a minimum, that report shall include all of the following information regarding each child receiving child welfare services from the county child welfare services agency and for whom one or more psychotropic medications have been authorized: the content and format for monthly, county-specific reports that describe each child for whom one or more psychotropic medications have been paid for under Medi-Cal, including paid claims and managed care encounters. At a minimum, the report shall include the following information:
(1)
(A)Psychotropic medications that have been authorized for the child pursuant to Section. Section 369.5 or 739.5.
(2)Data for medications that have been dispensed to the child, including both psychotropic and nonpsychotropic medication.
(3)Durational information relating to the childs authorized psychotropic medication, including, but not limited to, the length of time a medication has been authorized and the length of time for which a medication has been dispensed by a pharmacy.
(4)Behavioral health services provided to the child, other than psychotropic medication.
(5)The dosage of psychotropic medications that have been authorized for the child and that have been dispensed.
(B)Pharmacy data, based on paid claims and managed care encounters, including the name of the psychotropic medication, quantity, and dose prescribed for the child.
(C)Other available data, including, but not limited to, information regarding psychosocial interventions and incidents of polypharmacy.
(2)The report shall include an indicator that identifies each child under five years of age for whom one or more psychotropic medications is prescribed and each child of any age for whom three or more psychotropic medications are prescribed.
(c)(1)The State Department of Social Services shall distribute to a county placing agency the monthly report for children under its jurisdiction, if the placing agency is a signatory to the data sharing agreement described in subdivision (a).
(b)(1)
(2)A county child welfare services placing agency shall use the form developed pursuant to paragraph (2) (3) to share information pertaining to a child with the appropriate juvenile court, the childs attorney, the county department of behavioral health, and the court-appointed special advocate, if one has been appointed, the information described in subdivision (a) regarding an individual child receiving child welfare services and for whom one or more psychotropic medications have been authorized. appointed.
(A)In the case of the juvenile court, the information described in subdivision (a) shall be shared in conjunction with reports prepared for each regularly scheduled court hearing.
(B)In the case of the childs attorney, the county department of behavioral health, and court-appointed special advocate, the information described in subdivision (a) shall be shared initially for each child served by these individuals upon the authorization of psychotropic medication, and subsequently when that information changes.
(2)
(3)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and other stakeholders, the State Department of Social Services shall develop a form to be utilized in sharing the information required by paragraph (1) (2).
(c)(1)In consultation with the State Department of Health Care Services, the County Welfare Directors Association of California, and other stakeholders, the State Department of Social Services shall either develop, or ensure access to, a system that automatically alerts the social worker of a child receiving child welfare services when psychotropic medication has been prescribed that fits any of the following descriptions:
(A)The psychotropic medication has been prescribed in combination with another psychotropic medication and the combination is unusual or has the potential for a dangerous interaction.
(B)The psychotropic medication is prescribed in a dosage that is unusual for a child of that age.
(C)The psychotropic medication has the potential for a dangerous interaction with other prescribed psychotropic or nonpsychotropic medications.
(D)The psychotropic medication is not typically indicated for a child of that age.
(2)If a childs social worker receives an alert from the system described in paragraph (1), upon receipt of the alert, the social worker shall indicate to the childs attorney, the county department of behavioral health, the childs caregiver, and the childs court-appointed special advocate, if one has been appointed, that the alert has been received. The social worker shall also include a discussion of the alert and the resolution, if any, of the issue raised by the alert in the next court report filed in the childs case.
(d)In consultation with the State Department of Health Care Services, the Judicial Council, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and other stakeholders, the State Department of Social Services shall develop training that may be provided to county child welfare social workers, probation officers, courts hearing cases pursuant to Section 300, 601, or 602, childrens attorneys, childrens caregivers, court-appointed special advocates, and other relevant staff who work with children receiving child welfare services under the jurisdiction of the juvenile court that addresses the authorization, uses, risks, benefits, administration, assistance with self-administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral and substance use disorder and mental health treatments, for children receiving child welfare services, including how to access those treatments.
SEC. 11.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
(a)The director, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish a certification program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home facility shall successfully complete a department-approved certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home on the effective date of this section shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)Individuals applying for certification under this section shall successfully complete an approved certification program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home facility. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home facility administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community college course hours approved by the regional centers shall be accepted by the department for certification.
(2)Every administrator of a group home facility shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j).
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group home facilities.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home facility as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 317 of the Welfare and Institutions Code is amended to read:317.(a)(1)When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section.
(2)When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the provisions of Section 1912(b) of Title 25 of the United States Code and Section 23.13 of Title 25 of the Code of Federal Regulations shall apply.
(b)When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(c)(1)If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent.
(3)Counsel may be a district attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interests conflict with the childs or nonminor dependents interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest.
(4)The court may fix the compensation for the services of appointed counsel.
(5)(A)The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001.
(B)The training requirements imposed pursuant to subparagraph (A) shall include instruction on both of the following:
(i)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(ii)The authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(d)Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services.
(e)(1)Counsel shall be charged in general with the representation of the childs interests. To that end, counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the childs welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent.
(2)If the child is four years of age or older, counsel shall interview the child to determine the childs wishes and assess the childs well-being, and shall advise the court of the childs wishes. Counsel shall not advocate for the return of the child if, to the best of his or her knowledge, return of the child conflicts with the protection and safety of the child.
(3)Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child.
(4)(A)At least once every year, if the list of educational liaisons is available on the Internet Web site for the State Department of Education, both of the following shall apply:
(i)Counsel shall provide his or her contact information to the educational liaison, as described in subdivision (b) of Section 48853.5 of the Education Code, of each local educational agency serving counsels foster child clients in the county of jurisdiction.
(ii)If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons.
(B)The childs caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the childs attorney to the childs local educational agency.
(C)Counsel for the child and counsels agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the childs return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate.
(5)Nothing in this subdivision shall be construed to permit counsel to violate a childs attorney-client privilege.
(6)The changes made to this subdivision during the 201112 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law.
(7)The court shall take whatever appropriate action is necessary to fully protect the interests of the child.
(f)Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling his or her obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a child care custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a childs guardian ad litem, shall be provided to the childs counsel within 30 days of the request.
(g)In a county of the third class, if counsel is to be provided to a child at the countys expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record.
(h)In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the countys expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record.
SEC. 5.Section 369.5 of the Welfare and Institutions Code is amended to read:369.5.(a)(1)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 under Section 361, 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 upon making findings on the record that the parent 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 childs diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.
(2)(A)On or before July 1, 2016, the Judicial Council shall, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, associations representing current and former foster children, county behavioral health departments, the Chief Probation Officers of California, caregivers, and childrens attorneys, develop updates to the implementation of this section and related forms. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 739.5.
(B)The implementation updates developed pursuant to subparagraph (A) shall ensure all of the following:
(i)The child and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed.
(ii)Information regarding the childs overall behavioral health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the childs response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the childs symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The implementation updates developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and childs observations relating to the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other behavioral health treatments that are a part of the childs overall treatment plan. The periodic oversight shall be facilitated by the county social worker, public health nurse, or other appropriate county staff. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county child welfare agency.
(D)On or before July 1, 2016, the Judicial Council shall adopt or amend rules of court and forms to implement the updates developed pursuant to this paragraph.
(b)(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.
(c)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 childs attorney, or upon its own motion, set the matter for hearing.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 6.Section 739.5 of the Welfare and Institutions Code is amended to read:739.5.(a)(1)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 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 upon making findings on the record that the parent 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 minors diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. On or before July 1, 2008, the Judicial Council shall adopt rules of court and develop appropriate forms for implementation of this section.
(2)(A)On or before July 1, 2016, the Judicial Council shall, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, associations representing current and former foster children, county behavioral health departments, the Chief Probation Officers of California, caregivers, and childrens attorneys, develop updates to the implementation of this section and related forms. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 369.5.
(B)The implementation of the updates developed pursuant to subparagraph (A) shall ensure all of the following:
(i)The child and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed.
(ii)Information regarding the childs overall behavioral health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the childs response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the childs symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The implementation updates developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and childs observations relating to the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other behavioral health treatments that are a part of the childs overall treatment plan. The periodic oversight shall be facilitated by the county social worker, public health nurse, or other appropriate county staff. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county child welfare agency.
(D)On or before July 1, 2016, the Judicial Council shall adopt or amend rules of court and forms to implement the updates developed pursuant to this paragraph.
(b)(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.
(c)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 minors attorney, or upon its own motion, set the matter for hearing.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 6.SEC. 7.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access to those treatments.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
SEC. 7.SEC. 8.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 9.Section 16501.3 of the Welfare and Institutions Code is amended to read:16501.3.(a)The State Department of Social Services shall establish and maintain a program of public health nursing in the child welfare services program that meets the federal requirements for the provision of healthcare to minor and nonminor dependents in foster care consistent with Section 30026.5 of the Government Code. The purpose of the public health nursing program shall be to identify, respond to, and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system.
(b)Under this program, counties shall use the services of a foster care public health nurse. The foster care public health nurse shall work with the appropriate child welfare services workers to coordinate health care services and serve as a liaison with health care professionals and other providers of health-related services. This shall include coordination with county mental health plans and local health jurisdictions, as appropriate.
(c)The duties of a foster care public health nurse shall include, but need not be limited to, the following:
(1)Documenting that each child in foster care receives initial and followup health screenings that meet reasonable standards of medical practice.
(2)Collecting health information and other relevant data on each foster child as available, receiving all collected information to determine appropriate referral and services, and expediting referrals to providers in the community for early intervention services, specialty services, dental care, mental health services, and other health-related services necessary for the child.
(3)Participating in medical care planning and coordinating for the child. This may include, but is not limited to, assisting case workers in arranging for comprehensive health and mental health assessments, interpreting the results of health assessments or evaluations for the purpose of case planning and coordination, facilitating the acquisition of any necessary court authorizations for procedures or medications, advocating for the health care needs of the child and ensuring the creation of linkage among various providers of care.
(4)Providing followup contact to assess the childs progress in meeting treatment goals.
(5)At the request of and under the direction of a nonminor dependent, as described in subdivision (v) of Section 11400, assist the nonminor dependent in accessing physical health and mental health care, coordinating the delivery of health and mental health care services, advocating for the health and mental health care that meets the needs of the nonminor dependent, and to assist the nonminor dependent to assume responsibility for his or her ongoing physical and mental health care management.
(d)The services provided by foster care public health nurses under this section shall be limited to those for which reimbursement may be claimed under Title XIX at an enhanced rate for services delivered by skilled professional medical personnel. Notwithstanding any other provision of law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
(e)(1)The State Department of Health Care Services shall seek any necessary federal approvals for child welfare agencies to appropriately claim enhanced federal Title XIX funds for services provided pursuant to this section.
(2)Commencing in the fiscal year immediately following the fiscal year in which the necessary federal approval pursuant to paragraph (1) is secured, county child welfare agencies shall provide health care oversight and coordination services pursuant to this section, and may accomplish this through agreements with local public health agencies.
(f)(1)Notwithstanding Section 10101, prior to the 201112 fiscal year, there shall be no required county match of the nonfederal cost of this program.
(2)Commencing in the 201112 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
(g)Public health nurses shall receive training developed pursuant to subdivision (d) of Section 16501.4 regarding the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments for children receiving child welfare services, including how to access those treatments.
SEC. 8.SEC. 10.Section 16501.4 is added to the Welfare and Institutions Code, to read:16501.4.In order to ensure the oversight of psychotropic medications that are prescribed for children receiving child welfare services, all of the following shall occur:
(a)In consultation with the State Department of Health Care Services, the County Welfare Directors Association of California, and other stakeholders, the State Department of Social Services shall develop and provide an individualized monthly report to each county child welfare services agency. At a minimum, that report shall include all of the following information regarding each child receiving child welfare services from the county child welfare services agency and for whom one or more psychotropic medications have been authorized:
(1)Psychotropic medications that have been authorized for the child pursuant to Section 369.5.
(2)Data for medications that have been dispensed to the child, including both psychotropic and nonpsychotropic medication.
(3)Durational information relating to the childs authorized psychotropic medication, including, but not limited to, the length of time a medication has been authorized and the length of time for which a medication has been dispensed by a pharmacy.
(4)Claims paid for behavioral Behavioral health services provided to the child, other than claims paid for psychotropic medication.
(5)The dosage of psychotropic medications that have been authorized for the child and that have been dispensed.
(b)(1)A county child welfare services agency shall use the form developed pursuant to paragraph (2) to share with the juvenile court, the childs attorney, the county department of behavioral health, and the court-appointed special advocate, if one has been appointed, the information described in subdivision (a) regarding an individual child receiving child welfare services and for whom one or more psychotropic medications have been authorized.
(A)In the case of the juvenile court, the information described in subdivision (a) shall be shared in conjunction with reports prepared for each regularly scheduled court hearing.
(B)In the case of the childs attorney attorney, the county department of behavioral health, and court-appointed special advocate, the information described in subdivision (a) shall be shared initially for each child upon the authorization of psychotropic medication, and subsequently when that information changes.
(2)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, and other stakeholders, the State Department of Social Services shall develop a form to be utilized in sharing the information required by paragraph (1).
(c)(1)In consultation with the State Department of Health Care Services, the County Welfare Directors Association of California, and other stakeholders, the State Department of Social Services shall either develop, or ensure access to, a system that automatically alerts the social worker of a child receiving child welfare services when psychotropic medication has been prescribed that fits any of the following descriptions:
(A)The psychotropic medication has been prescribed in combination with another psychotropic medication and the combination is unusual or has the potential for a dangerous interaction.
(B)The psychotropic medication is prescribed in a dosage that is unusual for a child of that age.
(C)The psychotropic medication has the potential for a dangerous interaction with other prescribed psychotropic or nonpsychotropic medications.
(D)The psychotropic medication is not typically indicated for a child of that age.
(2)If a childs social worker receives an alert from the system described in paragraph (1), upon receipt of the alert, the social worker shall indicate to the childs attorney, the county department of behavioral health, the childs caregiver, and the childs court-appointed special advocate, if one has been appointed, that the alert has been received. The social worker shall also include a discussion of the alert and the resolution, if any, of the issue raised by the alert in the next court report filed in the childs case.
(d)In consultation with the State Department of Health Care Services, the Judicial Council, the County Welfare Directors Association of California, and other stakeholders, the State Department of Social Services shall develop training that may be provided to county child welfare social workers, courts, courts hearing cases pursuant to Section 300, 601, or 602, childrens attorneys, childrens caregivers, court-appointed special advocates, and other relevant staff who work with children receiving child welfare services that addresses the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
SEC. 9.SEC. 11.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
(a)The director, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish a certification program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home facility shall successfully complete a department-approved certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home on the effective date of this section shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)Individuals applying for certification under this section shall successfully complete an approved certification program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home facility. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home facility administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community college course hours approved by the regional centers shall be accepted by the department for certification.
(2)Every administrator of a group home facility shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j).
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group home facilities.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home facility as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student School Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 317 of the Welfare and Institutions Code is amended to read:317.(a)(1)When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section.
(2)When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the provisions of Section 1912(b) of Title 25 of the United States Code and Section 23.13 of Title 25 of the Code of Federal Regulations shall apply.
(b)When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(c)(1)If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent.
(3)Counsel may be a district attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interests conflict with the childs or nonminor dependents interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest.
(4)The court may fix the compensation for the services of appointed counsel.
(5)(A)The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001.
(B)The training requirements imposed pursuant to subparagraph (A) shall include instruction on both of the following:
(i)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(ii)The authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(d)Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services.
(e)(1)Counsel shall be charged in general with the representation of the childs interests. To that end, counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the childs welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent.
(2)If the child is four years of age or older, counsel shall interview the child to determine the childs wishes and assess the childs well-being, and shall advise the court of the childs wishes. Counsel shall not advocate for the return of the child if, to the best of his or her knowledge, return of the child conflicts with the protection and safety of the child.
(3)Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child.
(4)(A)At least once every year, if the list of educational liaisons is available on the Internet Web site for the State Department of Education, both of the following shall apply:
(i)Counsel shall provide his or her contact information to the educational liaison, as described in subdivision (b) of Section 48853.5 of the Education Code, of each local educational agency serving counsels foster child clients in the county of jurisdiction.
(ii)If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons.
(B)The childs caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the childs attorney to the childs local educational agency.
(C)Counsel for the child and counsels agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the childs return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate.
(5)Nothing in this subdivision shall be construed to permit counsel to violate a childs attorney-client privilege.
(6)The changes made to this subdivision during the 201112 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law.
(7)The court shall take whatever appropriate action is necessary to fully protect the interests of the child.
(f)Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling his or her obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a child care custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a childs guardian ad litem, shall be provided to the childs counsel within 30 days of the request.
(g)In a county of the third class, if counsel is to be provided to a child at the countys expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record.
(h)In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the countys expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record.
SEC. 5.Section 369.5 of the Welfare and Institutions Code is amended to read:369.5.(a)(1)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 under Section 361, 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 upon making findings on the record that the parent 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 childs diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.
(2)(A)On or before July 1, 2016, the Judicial Council shall, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association, Association of California, associations representing current and former foster children, county behavioral health departments, caregivers, and childrens attorneys, develop updates to the implementation of this section and related forms.
(B)The implementation updates developed pursuant to subparagraph (A) shall ensure all of the following:
(i)The child and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed.
(ii)Information regarding the childs overall behavioral health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the childs response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the childs symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The implementation updates developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and childs observations relating to the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other behavioral health treatments that are a part of the childs overall treatment plan. The periodic oversight shall be facilitated by the county social worker, public health nurse, or other appropriate county staff. This oversight process may shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county child welfare agency.
(D)On or before July 1, 2016, the Judicial Council shall adopt or amend rules of court and forms to implement the updates developed pursuant to this paragraph.
(b)(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.
(c)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 childs attorney, or upon its own motion, set the matter for hearing.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 6.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student School Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care, including, but not limited to, the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access to those treatments.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student School Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
SEC. 7.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act, Article Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. Code). The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 8.Section 16501.4 is added to the Welfare and Institutions Code, to read:16501.4.In order to ensure the oversight of psychotropic medications that are prescribed for children receiving child welfare services, all of the following shall occur:
(a)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, Association of California, and other stakeholders, the State Department of Social Services shall develop and provide an individualized monthly report to each county child welfare services agency. At a minimum, that report shall include all of the following information regarding each child receiving child welfare services from the county child welfare services agency and for whom one or more psychotropic medications have been authorized:
(1)Psychotropic medications that have been authorized for the child pursuant to Section 369.5.
(2)Data for medications that have been dispensed to the child, including both psychotropic and nonpsychotropic medication.
(3)Durational information relating to the childs authorized psychotropicmedication, psychotropic medication, including, but not limited to, the length of time a medication has been authorized and the length of time for which a medication has been dispensed by a pharmacy.
(4)Claims paid for behavioral health services provided to the child, other than claims paid for psychotropic medication.
(5)The dosage of psychotropic medications that have been authorized for the child and that have been dispensed.
(b)(1)On a monthly basis, a A county child welfare services agency shall use the form developed pursuant to paragraph (2) to share with the juvenile court, the childs attorney, and the court-appointed special advocate, if one has been appointed, the information described in subdivision (a) regarding an individual child receiving child welfare services and for whom one or more psychotropic medications have been authorized.
(A)In the case of the juvenile court, the information described in subdivision (a) shall be shared in conjunction with reports prepared for each regularly scheduled court hearing.
(B)In the case of the childs attorney and court-appointed special advocate, the information described in subdivision (a) shall be shared initially for each child upon the authorization of psychotropic medication, and subsequently when that information changes.
(2)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, and other stakeholders, the State Department of Social Services shall develop a form to be utilized in sharing the information required by paragraph (1).
(c)(1)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, Association of California, and other stakeholders, the State Department of Social Services shall either develop, or ensure access to, a system that automatically alerts the social worker of a child receiving child welfare services when psychotropic medication has been prescribed that fits any of the following descriptions:
(A)The psychotropic medication has been prescribed in combination with another psychotropic medication and the combination is unusual or has the potential for a dangerous interaction.
(B)The psychotropic medication is prescribed in a dosage that is unusual for a child of that age.
(C)The psychotropic medication has the potential for a dangerous interaction with other prescribed psychotropic or nonpsychotropic medications.
(D)The psychotropic medication is not typically indicated for a child of that age.
(2)If a childs social worker receives an alert from the system described in paragraph (1), upon receipt of the alert, the social worker shall indicate to the court, the childs attorney, the childs caregiver, and the childs court-appointed special advocate, if one has been appointed, that the alert has been received. The social worker shall also include a discussion of the alert and the resolution, if any, of the issue raised by the alert in the next court report filed in the childs case.
(d)In consultation with the State Department of Health Care Services, the Judicial Council, the County Welfare Directors Association, Association of California, and other stakeholders, the State Department of Social Services shall develop training that may be provided to county child welfare social workers, courts, childrens attorneys, childrens caregivers, court-appointed special advocates, and other relevant staff who work with children receiving child welfare services that addresses the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
SEC. 9.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
(a)The director, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish a certification program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home facility shall successfully complete a department-approved certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home on the effective date of this section shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents, including, but not limited to, the authorization for administration, authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental behavioral health, and other available mental behavioral health treatments, for children receiving child welfare services. services, including how to access those treatments.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)Individuals applying for certification under this section shall successfully complete an approved certification program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home facility. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home facility administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community college course hours approved by the regional centers shall be accepted by the department for certification.
(2)Every administrator of a group home facility shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j).
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group home facilities.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)Notwithstanding any law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home facility as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care, including, but not limited to, the authorization for administration, authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental behavioral health, and other available mental behavioral health treatments, for children receiving child welfare services. services, including how to access those treatments.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care, including, but not limited to, the authorization for administration, authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental behavioral health, and other available mental behavioral health treatments, for children receiving child welfare services. services, including how to access those treatments.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The authorization for administration, authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental behavioral health, and other available mental behavioral health treatments, for children receiving child welfare services. services, including how to access those treatments.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 317 of the Welfare and Institutions Code is amended to read:317.(a)(1)When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section.
(2)When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the provisions of Section 1912(b) of Title 25 of the United States Code and Section 23.13 of Title 25 of the Code of Federal Regulations shall apply.
(b)When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(c)(1)If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent.
(3)Counsel may be a district attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interests conflict with the childs or nonminor dependents interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest.
(4)The court may fix the compensation for the services of appointed counsel.
(5)(A)The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001.
(B)The training requirements imposed pursuant to subparagraph (A) shall include instruction on both of the following:
(i)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(ii)The authorization for administration, authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental behavioral health, and other available mental behavioral health treatments, for children receiving child welfare services. services, including how to access those treatments.
(d)Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services.
(e)(1)Counsel shall be charged in general with the representation of the childs interests. To that end, counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the childs welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent.
(2)If the child is four years of age or older, counsel shall interview the child to determine the childs wishes and assess the childs well-being, and shall advise the court of the childs wishes. Counsel shall not advocate for the return of the child if, to the best of his or her knowledge, return of the child conflicts with the protection and safety of the child.
(3)Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child.
(4)(A)At least once every year, if the list of educational liaisons is available on the Internet Web site for the State Department of Education, both of the following shall apply:
(i)Counsel shall provide his or her contact information to the educational liaison, as described in subdivision (b) of Section 48853.5 of the Education Code, of each local educational agency serving counsels foster child clients in the county of jurisdiction.
(ii)If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons.
(B)The childs caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the childs attorney to the childs local educational agency.
(C)Counsel for the child and counsels agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the childs return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate.
(5)Nothing in this subdivision shall be construed to permit counsel to violate a childs attorney-client privilege.
(6)The changes made to this subdivision during the 201112 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law.
(7)The court shall take whatever appropriate action is necessary to fully protect the interests of the child.
(f)Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling his or her obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a child care custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a childs guardian ad litem, shall be provided to the childs counsel within 30 days of the request.
(g)In a county of the third class, if counsel is to be provided to a child at the countys expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record.
(h)In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the countys expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record.
SEC. 5.Section 369.5 of the Welfare and Institutions Code is amended to read:369.5.(a)(1)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 under Section 361, 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 upon making findings on the record that the parent 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 childs diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication.
(2)(A)On or before July 1, 2016, the Judicial Council shall, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association, associations representing current and former foster children, county behavioral health departments, caregivers, and childrens attorneys, develop updates to the implementation of this section and related forms.
(B)The implementation updates developed pursuant to subparagraph (A) shall ensure all of the following:
(i)The child and his or her caregiver and court-appointed special advocate, if any, have an a meaningful opportunity to provide input on the medications being prescribed.
(ii)Information regarding the childs overall mental behavioral health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and non-pharmacological treatments that have been utilized and the childs response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the childs symptoms.
(iv)Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court.
(C)The implementation updates developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and childs observations relating to the effectiveness of the medication and side effects, information on medication management appointments and other follow-up appointments with medical practitioners, and information on the delivery of other mental behavioral health treatments that are a part of the childs overall treatment plan. The periodic oversight shall be facilitated by the county social worker, public health nurse, or other appropriate county staff. This oversight process may be conducted in conjunction with other court hearings and reports provided to the court by the county child welfare agency.
(D)On or before July 1, 2016, the Judicial Council shall adopt or amend rules of court and forms to implement the updates developed pursuant to this paragraph.
(b)(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.
(c)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 childs attorney, or upon its own motion, set the matter for hearing.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 6.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care, including, but not limited to, the authorization for administration, authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental behavioral health, and other available mental behavioral health treatments, for children receiving child welfare services. services, including how to access those treatments.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care, including, but not limited to, the authorization for administration, authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental behavioral health, and other available mental behavioral health treatments, for children receiving child welfare services. services, including how to access to those treatments.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
SEC. 7.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act, Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The authorization for administration, authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental behavioral health, and other available mental behavioral health treatments, for children receiving child welfare services. services, including how to access those treatments.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 8.Section 16501.4 is added to the Welfare and Institutions Code, to read:16501.4.In order to ensure the oversight of psychotropic medications that are prescribed for children receiving child welfare services, all of the following shall occur:
(a)(1)A county child welfare agency shall use the form developed pursuant to paragraph (2) to provide a monthly report to the juvenile court, the childs attorney, and the childs court-appointed special advocate, if one has been appointed. In consultation with the State Department of Health Care Services, the County Welfare Directors Association, and other stakeholders, the State Department of Social Services shall develop and provide an individualized monthly report to each county child welfare services agency. At a minimum, that report shall include all of the following information regarding a each child receiving child welfare services: services from the county child welfare services agency and for whom one or more psychotropic medications have been authorized:
(A)
(1)Psychotropic medications that have been authorized for the child. child pursuant to Section 369.5.
(B)
(2)Paid claims data Data for medications that have been prescribed dispensed to the child, including both psychotropic and non-psychotropic medication.
(C)
(3)Durational information relating to the childs prescribed authorized psychotropicmedication, including, but not limited to, the length of time a medication has been authorized and the length of time for which claims have been paid for a filled prescription. a medication has been dispensed by a pharmacy.
(D)
(4)Claims paid for mental behavioral health services provided to the child, other than claims paid for psychotropic medication.
(E)
(5)The dosage of psychotropic medications that have been authorized for the child and for which a claim has been paid. that have been dispensed.
(b)(1)On a monthly basis, a county child welfare services agency shall use the form developed pursuant to paragraph (2) to share with the juvenile court, the childs attorney, and the court-appointed special advocate, if one has been appointed, the information described in subdivision (a) regarding an individual child receiving child welfare services and for whom one or more psychotropic medications have been authorized.
(2)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, and other stakeholders, the State Department of Social Services shall develop a form to be utilized in making the reports sharing the information required by paragraph (1).
(b)
(c)(1)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, and other stakeholders, the State Department of Social Services shall either develop, or ensure access to, a system that automatically alerts the social worker of a child receiving child welfare services when psychotropic medication has been prescribed that fits any of the following descriptions:
(A)The psychotropic medication has been prescribed in combination with another psychotropic medication and the combination is unusual or has the potential for a dangerous interaction.
(B)The psychotropic medication is prescribed in a dosage that is unusual for a child of that age.
(C)The psychotropic medication has the potential for a dangerous interaction with other prescribed psychotropic or non-psychotropic medications.
(D)The psychotropic medication is not typically indicated for a child of that age.
(2)If a childs social worker receives an alert from the system described in paragraph (1), upon receipt of the alert, the social worker shall indicate to the court, the childs attorney, the childs caregiver, and the childs court-appointed special advocate, if one has been appointed, that the alert has been received. The social worker shall also include a discussion of the alert and the resolution, if any, of the issue raised by the alert in the next court report filed in the childs case.
(c)
(d)In consultation with the State Department of Health Care Services, the Judicial Council, the County Welfare Directors Association, and other stakeholders, the State Department of Social Services shall develop training that may be provided to county child welfare social workers, courts, childrens attorneys, childrens caregivers, court-appointed special advocates, and other relevant staff who work with children receiving child welfare services that addresses the authorization for administration, authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental behavioral health, and other available mental behavioral health treatments, for children receiving child welfare services. services, including how to access those treatments.
SEC. 9.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
(a)The director, in consultation and collaboration with county placement officials, group home provider organizations, the Director of Health Care Services, and the Director of Developmental Services, shall develop and establish a certification program to ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.
(b)(1)In addition to any other requirements or qualifications required by the department, an administrator of a group home facility shall successfully complete a department-approved certification program, pursuant to subdivision (c), prior to employment. An administrator employed in a group home on the effective date of this section shall meet the requirements of paragraph (2) of subdivision (c).
(2)In those cases where when the individual is both the licensee and the administrator of a facility, the individual shall comply with all of the licensee and administrator requirements of this section.
(3)Failure to comply with this section shall constitute cause for revocation of the license of the facility.
(4)The licensee shall notify the department within 10 days of any change in administrators.
(c)(1)The administrator certification programs shall require a minimum of 40 hours of classroom instruction that provides training on a uniform core of knowledge in each of the following areas:
(A)Laws, regulations, and policies and procedural standards that impact the operations of the type of facility for which the applicant will be an administrator.
(B)Business operations.
(C)Management and supervision of staff.
(D)Psychosocial and educational needs of the facility residents. residents, including, but not limited to, the authorization for administration, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and other available mental health treatments, for children receiving child welfare services.
(E)Community and support services.
(F)Physical needs for facility residents.
(G)Administration, storage, misuse, and interaction of medication used by facility residents.
(H)Resident admission, retention, and assessment procedures, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(I)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(J)Nonviolent emergency intervention and reporting requirements.
(K)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment- and violence-free school environment contained in the School Safety and Violence Prevention Act (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(2)The department shall adopt separate program requirements for initial certification for persons who are employed as group home administrators on the effective date of this section. A person employed as an administrator of a group home facility on the effective date of this section shall obtain a certificate by completing the training and testing requirements imposed by the department within 12 months of the effective date of the regulations implementing this section. After the effective date of this section, these administrators shall meet the requirements imposed by the department on all other group home administrators for certificate renewal.
(3)Individuals applying for certification under this section shall successfully complete an approved certification program, pass a written test administered by the department within 60 days of completing the program, and submit to the department the documentation required by subdivision (d) within 30 days after being notified of having passed the test. The department may extend these time deadlines for good cause. The department shall notify the applicant of his or her test results within 30 days of administering the test.
(d)The department shall not begin the process of issuing a certificate until receipt of all of the following:
(1)A certificate of completion of the administrator training required pursuant to this chapter.
(2)The fee required for issuance of the certificate. A fee of one hundred dollars ($100) shall be charged by the department to cover the costs of processing the application for certification.
(3)Documentation from the applicant that he or she has passed the written test.
(4)Submission of fingerprints pursuant to Section 1522. The department may waive the submission for those persons who have a current clearance on file.
(5)That person is at least 21 years of age.
(e)It shall be unlawful for any person not certified under this section to hold himself or herself out as a certified administrator of a group home facility. Any person willfully making any false representation as being a certified administrator or facility manager is guilty of a misdemeanor.
(f)(1)Certificates issued under this section shall be renewed every two years and renewal shall be conditional upon the certificate holder submitting documentation of completion of 40 hours of continuing education related to the core of knowledge specified in subdivision (c). No more than one-half of the required 40 hours of continuing education necessary to renew the certificate may be satisfied through online courses. All other continuing education hours shall be completed in a classroom setting. For purposes of this section, an individual who is a group home facility administrator and who is required to complete the continuing education hours required by the regulations of the State Department of Developmental Services, and approved by the regional center, may have up to 24 of the required continuing education course hours credited toward the 40-hour continuing education requirement of this section. Community college course hours approved by the regional centers shall be accepted by the department for certification.
(2)Every administrator of a group home facility shall complete the continuing education requirements of this subdivision.
(3)Certificates issued under this section shall expire every two years on the anniversary date of the initial issuance of the certificate, except that any administrator receiving his or her initial certification on or after July 1, 1999, shall make an irrevocable election to have his or her recertification date for any subsequent recertification either on the date two years from the date of issuance of the certificate or on the individuals birthday during the second calendar year following certification. The department shall send a renewal notice to the certificate holder 90 days prior to the expiration date of the certificate. If the certificate is not renewed prior to its expiration date, reinstatement shall only be permitted after the certificate holder has paid a delinquency fee equal to three times the renewal fee and has provided evidence of completion of the continuing education required.
(4)To renew a certificate, the certificate holder shall, on or before the certificate expiration date, request renewal by submitting to the department documentation of completion of the required continuing education courses and pay the renewal fee of one hundred dollars ($100), irrespective of receipt of the departments notification of the renewal. A renewal request postmarked on or before the expiration of the certificate shall be proof of compliance with this paragraph.
(5)A suspended or revoked certificate shall be subject to expiration as provided for in this section. If reinstatement of the certificate is approved by the department, the certificate holder, as a condition precedent to reinstatement, shall submit proof of compliance with paragraphs (1) and (2) of subdivision (f), and shall pay a fee in an amount equal to the renewal fee, plus the delinquency fee, if any, accrued at the time of its revocation or suspension. Delinquency fees, if any, accrued subsequent to the time of its revocation or suspension and prior to an order for reinstatement, shall be waived for a period of 12 months to allow the individual sufficient time to complete the required continuing education units and to submit the required documentation. Individuals whose certificates will expire within 90 days after the order for reinstatement may be granted a three-month extension to renew their certificates during which time the delinquency fees shall not accrue.
(6)A certificate that is not renewed within four years after its expiration shall not be renewed, restored, reissued, or reinstated except upon completion of a certification training program, passing any test that may be required of an applicant for a new certificate at that time, and paying the appropriate fees provided for in this section.
(7)A fee of twenty-five dollars ($25) shall be charged for the reissuance of a lost certificate.
(8)A certificate holder shall inform the department of his or her employment status and change of mailing address within 30 days of any change.
(g)Unless otherwise ordered by the department, the certificate shall be considered forfeited under either of the following conditions:
(1)The department has revoked any license held by the administrator after the department issued the certificate.
(2)The department has issued an exclusion order against the administrator pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, after the department issued the certificate, and the administrator did not appeal the exclusion order or, after the appeal, the department issued a decision and order that upheld the exclusion order.
(h)(1)The department, in consultation and collaboration with county placement officials, provider organizations, the State Department of Health Care Services, and the State Department of Developmental Services, shall establish, by regulation, the program content, the testing instrument, the process for approving certification training programs, and criteria to be used in authorizing individuals, organizations, or educational institutions to conduct certification training programs and continuing education courses. The department may also grant continuing education hours for continuing courses offered by accredited educational institutions that are consistent with the requirements in this section. The department may deny vendor approval to any agency or person in any of the following circumstances:
(A)The applicant has not provided the department with evidence satisfactory to the department of the ability of the applicant to satisfy the requirements of vendorization set out in the regulations adopted by the department pursuant to subdivision (j).
(B)The applicant person or agency has a conflict of interest in that the person or agency places its clients in group home facilities.
(C)The applicant public or private agency has a conflict of interest in that the agency is mandated to place clients in group homes and to pay directly for the services. The department may deny vendorization to this type of agency only as long as there are other vendor programs available to conduct the certification training programs and conduct education courses.
(2)The department may authorize vendors to conduct the administrators certification training program pursuant to this section. The department shall conduct the written test pursuant to regulations adopted by the department.
(3)The department shall prepare and maintain an updated list of approved training vendors.
(4)The department may inspect certification training programs and continuing education courses, including online courses, at no charge to the department, to determine if content and teaching methods comply with regulations. If the department determines that any vendor is not complying with the requirements of this section, the department shall take appropriate action to bring the program into compliance, which may include removing the vendor from the approved list.
(5)The department shall establish reasonable procedures and timeframes not to exceed 30 days for the approval of vendor training programs.
(6)The department may charge a reasonable fee, not to exceed one hundred fifty dollars ($150) every two years, to certification program vendors for review and approval of the initial 40-hour training program pursuant to subdivision (c). The department may also charge the vendor a fee, not to exceed one hundred dollars ($100) every two years, for the review and approval of the continuing education courses needed for recertification pursuant to this subdivision.
(7)(A)A vendor of online programs for continuing education shall ensure that each online course contains all of the following:
(i)An interactive portion in which the participant receives feedback, through online communication, based on input from the participant.
(ii)Required use of a personal identification number or personal identification information to confirm the identity of the participant.
(iii)A final screen displaying a printable statement, to be signed by the participant, certifying that the identified participant completed the course. The vendor shall obtain a copy of the final screen statement with the original signature of the participant prior to the issuance of a certificate of completion. The signed statement of completion shall be maintained by the vendor for a period of three years and be available to the department upon demand. Any person who certifies as true any material matter pursuant to this clause that he or she knows to be false is guilty of a misdemeanor.
(B)Nothing in this subdivision shall prohibit the department from approving online programs for continuing education that do not meet the requirements of subparagraph (A) if the vendor demonstrates to the departments satisfaction that, through advanced technology, the course and the course delivery meet the requirements of this section.
(i)The department shall establish a registry for holders of certificates that shall include, at a minimum, information on employment status and criminal record clearance.
(j)Subdivisions (b) to (i), inclusive, shall be implemented upon regulations being adopted by the department, by January 1, 2000.
(k)Notwithstanding any provision of law to the contrary, vendors approved by the department who exclusively provide either initial or continuing education courses for certification of administrators of a group home facility as defined by regulations of the department, an adult residential facility as defined by regulations of the department, or a residential care facility for the elderly as defined in subdivision (k) of Section 1569.2, shall be regulated solely by the department pursuant to this chapter. No other state or local governmental entity shall be responsible for regulating the activity of those vendors.
SEC. 2.Section 1529.2 of the Health and Safety Code is amended to read:1529.2.(a)In addition to the foster parent training provided by community colleges, foster family agencies shall provide a program of training for their certified foster families.
(b)(1)Every licensed foster parent shall complete a minimum of 12 hours of foster parent training, as prescribed in paragraph (3), before the placement of any foster children with the foster parent. In addition, a foster parent shall complete a minimum of eight hours of foster parent training annually, as prescribed in paragraph (4). No child shall be placed in a foster family home unless these requirements are met by the persons in the home who are serving as the foster parents.
(2)(A)Upon the request of the foster parent for a hardship waiver from the postplacement training requirement or a request for an extension of the deadline, the county may, at its option, on a case-by-case basis, waive the postplacement training requirement or extend any established deadline for a period not to exceed one year, if the postplacement training requirement presents a severe and unavoidable obstacle to continuing as a foster parent. Obstacles for which a county may grant a hardship waiver or extension are:
(i)Lack of access to training due to the cost or travel required.
(ii)Family emergency.
(B)Before a waiver or extension may be granted, the foster parent should explore the opportunity of receiving training by video or written materials.
(3)The initial preplacement training shall include, but not be limited to, training courses that cover all of the following:
(A)An overview of the child protective system.
(B)The effects of child abuse and neglect on child development.
(C)Positive discipline and the importance of self-esteem.
(D)Health issues in foster care. care, including, but not limited to, the authorization for administration, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and other available mental health treatments, for children receiving child welfare services.
(E)Accessing education and health services available to foster children.
(F)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(G)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(H)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(4)The postplacement annual training shall include, but not be limited to, training courses that cover all of the following:
(A)Age-appropriate child development.
(B)Health issues in foster care. care, including, but not limited to, the authorization for administration, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and other available mental health treatments, for children receiving child welfare services.
(C)Positive discipline and the importance of self-esteem.
(D)Emancipation and independent living skills if a foster parent is caring for youth.
(E)The right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(F)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(5)Foster parent training may be attained through a variety of sources, including community colleges, counties, hospitals, foster parent associations, the California State Foster Parent Associations Conference, adult schools, and certified foster parent instructors.
(6)A candidate for placement of foster children shall submit a certificate of training to document completion of the training requirements. The certificate shall be submitted with the initial consideration for placements and provided at the time of the annual visit by the licensing agency thereafter.
(c)Nothing in this section shall preclude a county from requiring county-provided preplacement or postplacement foster parent training in excess of the requirements in this section.
SEC. 3.Section 304.7 of the Welfare and Institutions Code is amended to read:304.7.(a)The Judicial Council shall develop and implement standards for the education and training of all judges who conduct hearings pursuant to Section 300. The training shall include, but not be limited to, both all of the following:
(1)A component relating to Section 300 proceedings for newly appointed or elected judges and an annual training session in Section 300 proceedings.
(2)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(3)The authorization for administration, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and other available mental health treatments, for children receiving child welfare services.
(b)A commissioner or referee who is assigned to conduct hearings held pursuant to Section 300 shall meet the minimum standards for education and training established pursuant to subdivision (a), by July 31, 1998.
(c)The Judicial Council shall submit an annual report to the Legislature on compliance by judges, commissioners, and referees with the education and training standards described in subdivisions (a) and (b).
SEC. 4.Section 317 of the Welfare and Institutions Code is amended to read:317.(a)(1)When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section.
(2)When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the provisions of Section 1912(b) of Title 25 of the United States Code and Section 23.13 of Title 25 of the Code of Federal Regulations shall apply.
(b)When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(c)(1)If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding. A
(2)A primary responsibility of counsel appointed to represent a child or nonminor dependent pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent. Counsel
(3)Counsel may be a district attorney, public defender, or other member of the bar, provided that he or she does not represent another party or county agency whose interests conflict with the childs or nonminor dependents interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest. The
(4)The court may fix the compensation for the services of appointed counsel. The
(5)(A)The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001. Those
(B)The training requirements imposed pursuant to subparagraph (A) shall include instruction on cultural both of the following:
(i)Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(ii)The authorization for administration, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and other available mental health treatments, for children receiving child welfare services.
(d)Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services.
(e)(1)Counsel shall be charged in general with the representation of the childs interests. To that end, counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine his or her own witnesses, make recommendations to the court concerning the childs welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent.
(2)If the child is four years of age or older, counsel shall interview the child to determine the childs wishes and assess the childs well-being, and shall advise the court of the childs wishes. Counsel shall not advocate for the return of the child if, to the best of his or her knowledge, return of the child conflicts with the protection and safety of the child.
(3)Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child.
(4)(A)At least once every year, if the list of educational liaisons is available on the Internet Web site for the State Department of Education, both of the following shall apply:
(i)Counsel shall provide his or her contact information to the educational liaison, as described in subdivision (b) of Section 48853.5 of the Education Code, of each local educational agency serving counsels foster child clients in the county of jurisdiction.
(ii)If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons.
(B)The childs caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the childs attorney to the childs local educational agency.
(C)Counsel for the child and counsels agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the childs return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate.
(5)Nothing in this subdivision shall be construed to permit counsel to violate a childs attorney-client privilege.
(6)The changes made to this subdivision during the 201112 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law.
(7)The court shall take whatever appropriate action is necessary to fully protect the interests of the child.
(f)Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling his or her obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a child care custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a childs guardian ad litem, shall be provided to the childs counsel within 30 days of the request.
(g)In a county of the third class, if counsel is to be provided to a child at the countys expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record.
(h)In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the countys expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record.
SEC. 5.Section 369.5 of the Welfare and Institutions Code is amended to read:369.5.(a)(1)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 under Section 361, 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 upon making findings on the record that the parent 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 childs diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. On or before July 1, 2000, the Judicial Council shall adopt rules of court and develop appropriate forms for implementation of this section.
(2)(A)On or before July 1, 2016, the Judicial Council shall, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association, associations representing current and former foster children, county behavioral health departments, caregivers, and childrens attorneys, develop updates to the implementation of this section and related forms.
(B)The implementation updates developed pursuant to subparagraph (A) shall ensure all of the following:
(i)The child and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed.
(ii)Information regarding the childs overall mental health assessment and treatment plan is provided to the court.
(iii)Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court.
(C)The implementation updates developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregivers and childs observations relating to the effectiveness of the medication and side effects, information on medication management appointments and other follow-up appointments with medical practitioners, and information on the delivery of other mental health treatments that are a part of the childs overall treatment plan. The periodic oversight shall be facilitated by the county social worker, public health nurse, or other appropriate county staff. This oversight process may be conducted in conjunction with other court hearings and reports provided to the court by the county child welfare agency.
(D)On or before July 1, 2016, the Judicial Council shall adopt or amend rules of court and forms to implement the updates developed pursuant to this paragraph.
(b)(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.
(c)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 childs attorney, or upon its own motion, set the matter for hearing.
(d)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.
(e)Nothing in this section is intended to supersede local court rules regarding a minors right to participate in mental health decisions.
(f)This section shall does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400.
SEC. 6.Section 16003 of the Welfare and Institutions Code is amended to read:16003.(a)In order to promote the successful implementation of the statutory preference for foster care placement with a relative caretaker as set forth in Section 7950 of the Family Code, each community college district with a foster care education program shall make available orientation and training to the relative or nonrelative extended family member caregiver into whose care the county has placed a foster child pursuant to Section 1529.2 of the Health and Safety Code, including, but not limited to, courses that cover the following:
(1)The role, rights, and responsibilities of a relative or nonrelative extended family member caregiver caring for a child in foster care, including the right of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
(2)An overview of the child protective system.
(3)The effects of child abuse and neglect on child development.
(4)Positive discipline and the importance of self-esteem.
(5)Health issues in foster care. care, including, but not limited to, the authorization for administration, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and other available mental health treatments, for children receiving child welfare services.
(6)Accessing education and health services that are available to foster children.
(7)Relationship and safety issues regarding contact with one or both of the birth parents.
(8)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(9)Information on resources available for those who meet eligibility criteria, including out-of-home care payments, the Medi-Cal program, in-home supportive services, and other similar resources.
(10)Instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care.
(11)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(b)In addition to training made available pursuant to subdivision (a), each community college district with a foster care education program shall make training available to a relative or nonrelative extended family member caregiver that includes, but need not be limited to, courses that cover all of the following:
(1)Age-appropriate child development.
(2)Health issues in foster care. care, including, but not limited to, the authorization for administration, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and other available mental health treatments, for children receiving child welfare services.
(3)Positive discipline and the importance of self-esteem.
(4)Emancipation and independent living.
(5)Accessing education and health services available to foster children.
(6)Relationship and safety issues regarding contact with one or both of the birth parents.
(7)Permanency options for relative or nonrelative extended family member caregivers, including legal guardianship, the Kinship Guardianship Assistance Payment Program, and kin adoption.
(8)Basic instruction on the existing laws and procedures regarding the safety of foster youth at school and the ensuring of a harassment and violence free school environment contained in the California Student Safety and Violence Prevention Act of 2000 (Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19 of Division 1 of Title 1 of the Education Code).
(c)In addition to the requirements of subdivisions (a) and (b), each community college district with a foster care education program, in providing the orientation program, shall develop appropriate program parameters in collaboration with the counties.
(d)Each community college district with a foster care education program shall make every attempt to make the training and orientation programs for relative or nonrelative extended family member caregivers highly accessible in the communities in which they reside.
(e)When a child is placed with a relative or nonrelative extended family member caregiver, the county shall inform the caregiver of the availability of training and orientation programs and it is the intent of the Legislature that the county shall forward the names and addresses of relative or nonrelative extended family member caregivers to the appropriate community colleges providing the training and orientation programs.
(f)This section shall not be construed to preclude counties from developing or expanding existing training and orientation programs for foster care providers to include relative or nonrelative extended family member caregivers.
SEC. 7.Section 16206 of the Welfare and Institutions Code is amended to read:16206.(a)The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act, Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section.
(b)The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings.
(c)The training provided pursuant to this section shall include all of the following:
(1)Crisis intervention.
(2)Investigative techniques.
(3)Rules of evidence.
(4)Indicators of abuse and neglect.
(5)Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3.
(6)Intervention strategies.
(7)Legal requirements of child protection, including requirements of child abuse reporting laws.
(8)Case management.
(9)Use of community resources.
(10)Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence.
(11)Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children.
(12)The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the childs best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships.
(13)The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment.
(14)The authorization for administration, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and other available mental health treatments, for children receiving child welfare services.
(d)The training provided pursuant to this section may also include any or all of the following:
(1)Child development and parenting.
(2)Intake, interviewing, and initial assessment.
(3)Casework and treatment.
(4)Medical aspects of child abuse and neglect.
(e)The training program in each county shall assess the programs performance at least annually and forward it to the State Department of Social Services for an evaluation. The assessment shall include, at a minimum, all of the following:
(1)Workforce data, including education, qualifications, and demographics.
(2)The number of persons trained.
(3)The type of training provided.
(4)The degree to which the training is perceived by participants as useful in practice.
(5)Any additional information or data deemed necessary by the department for reporting, oversight, and monitoring purposes.
(f)The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services. The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators.
SEC. 8.Section 16501.4 is added to the Welfare and Institutions Code, to read:16501.4.In order to ensure the oversight of psychotropic medications that are prescribed for children receiving child welfare services, all of the following shall occur:
(a)(1)A county child welfare agency shall use the form developed pursuant to paragraph (2) to provide a monthly report to the juvenile court, the childs attorney, and the childs court-appointed special advocate, if one has been appointed. At a minimum, that report shall include all of the following information regarding a child receiving child welfare services:
(A)Psychotropic medications that have been authorized for the child.
(B)Paid claims data for medications that have been prescribed to the child, including both psychotropic and non-psychotropic medication.
(C)Durational information relating to the childs prescribed medication, including, but not limited to, the length of time a medication has been authorized and the length of time for which claims have been paid for a filled prescription.
(D)Claims paid for mental health services provided to the child, other than claims paid for psychotropic medication.
(E)The dosage of psychotropic medications that have been authorized for the child and for which a claim has been paid.
(2)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, and other stakeholders, the State Department of Social Services shall develop a form to be utilized in making the reports required by paragraph (1).
(b)(1)In consultation with the State Department of Health Care Services, the County Welfare Directors Association, and other stakeholders, the State Department of Social Services shall either develop, or ensure access to, a system that automatically alerts the social worker of a child receiving child welfare services when psychotropic medication has been prescribed that fits any of the following descriptions:
(A)The psychotropic medication has been prescribed in combination with another psychotropic medication and the combination is unusual or has the potential for a dangerous interaction.
(B)The psychotropic medication is prescribed in a dosage that is unusual for a child of that age.
(C)The psychotropic medication has the potential for a dangerous interaction with other prescribed psychotropic or non-psychotropic medications.
(D)The psychotropic medication is not typically indicated for a child of that age.
(2)If a childs social worker receives an alert from the system described in paragraph (1), upon receipt of the alert, the social worker shall indicate to the court, the childs attorney, the childs caregiver, and the childs court-appointed special advocate, if one has been appointed, that the alert has been received. The social worker shall also include a discussion of the alert and the resolution, if any, of the issue raised by the alert in the next court report filed in the childs case.
(c)In consultation with the State Department of Health Care Services, the Judicial Council, the County Welfare Directors Association, and other stakeholders, the State Department of Social Services shall develop training that may be provided to county child welfare social workers, courts, childrens attorneys, childrens caregivers, court-appointed special advocates, and other relevant staff who work with children receiving child welfare services that addresses the authorization for administration, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, mental health, and other available mental health treatments, for children receiving child welfare services.
SEC. 9.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state nor otherwise be subject to Section 6 of Article XIII B of the California Constitution.
SECTION 1.It is the intent of the Legislature to enact legislation that would improve the ability of the child welfare system to track and oversee the use of psychotropic medications for children in foster care. In order to effectuate this intent, the legislation shall require all of the following:
(a)The State Department of Social Services and the State Department of Health Care Services to develop monthly data reports that match prescription and claims data with child welfare services records and that are shared with counties, the juvenile court, attorneys appointed to represent children in foster care, medical practitioners treating children in foster care, and court-appointed special advocates.
(b)The development of a system that triggers an alert to medical practitioners treating children in foster care when there could be potentially dangerous interactions between psychotropic medications and other prescribed medications, or when psychotropic medications have been prescribed, or prescribed in dosages, that are unusual for a child or a child of that age.
(c)An update of the JV-220 court form to provide an opportunity for key stakeholders, including, but not limited to, the child for whom psychotropic medication is prescribed, to provide information and feedback and to provide details on the overall mental health treatment plan for the child.
(d)Training for medical practitioners, child welfare social workers, foster children, caregivers, attorneys appointed to represent children in foster care, and Court-Appointed Special Advocates regarding psychotropic medications.
It is the intent of the Legislature to enact legislation that would improve the ability of the child welfare system to track and oversee the use of psychotropic medications for children in foster care. In order to effectuate this intent, the legislation shall require all of the following:
(a)The State Department of Social Services and the State Department of Health Care Services to develop monthly data reports that match prescription and claims data with child welfare services records and that are shared with counties, the juvenile court, attorneys appointed to represent children in foster care, medical practitioners treating children in foster care, and court-appointed special advocates.
(b)The development of a system that triggers an alert to medical practitioners treating children in foster care when there could be potentially dangerous interactions between psychotropic medications and other prescribed medications, or when psychotropic medications have been prescribed, or prescribed in dosages, that are unusual for a child or a child of that age.
(c)An update of the JV-220 court form to provide an opportunity for key stakeholders, including, but not limited to, the child for whom psychotropic medication is prescribed, to provide information and feedback and to provide details on the overall mental health treatment plan for the child.
(d)Training for medical practitioners, child welfare social workers, foster children, caregivers, attorneys appointed to represent children in foster care, and Court-Appointed Special Advocates regarding psychotropic medications.
|
Date
|
Status
|
|---|---|
| Sep 4, 2015 | Read third time and amended. |
| Jun 4, 2015 | In Assembly. Read first time. Held at Desk. |
| Jun 15, 2015 | Referred to Coms. on JUD. and HUM. S. |
| Jun 30, 2015 | From committee: Do pass and re-refer to Com. on HUM. S. (Ayes 10. Noes 0.) (June 30). Re-referred to Com. on HUM. S. |
| Jul 1, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUM. S. |
| Jul 15, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (July 14). Re-referred to Com. on APPR. |
| Aug 19, 2015 | August 19 set for first hearing. Placed on APPR. suspense file. |
| Aug 28, 2015 | From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 27). |
| Aug 28, 2015 | Read second time and amended. Ordered to second reading. |
| Aug 31, 2015 | Read second time. Ordered to third reading. |
| Sep 4, 2015 | Ordered to third reading. |
| Jun 3, 2015 | Read third time. Passed. (Ayes 40. Noes 0.) Ordered to the Assembly. |
| Sep 8, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 8, 2015 | Read third time. Passed. Ordered to the Senate. |
| Sep 8, 2015 | Read third time. Passed. (Ayes 79. Noes 0. Page 2956.) Ordered to the Senate. |
| Sep 10, 2015 | Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 10, 2015 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2662.) Ordered to engrossing and enrolling. |
| Sep 10, 2015 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 11, 2015 | Enrolled and presented to the Governor at 10:45 p.m. |
| Oct 6, 2015 | Approved by the Governor. |
| Oct 6, 2015 | Chaptered by Secretary of State. Chapter 534, Statutes of 2015. |
| Apr 23, 2015 | Set for hearing April 28. |
| Feb 18, 2015 | From printer. May be acted upon on or after March 20. |
| Feb 26, 2015 | Referred to Com. on RLS. |
| Mar 24, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Apr 7, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUMAN S. |
| Apr 7, 2015 | Re-referred to Coms. on HUMAN S. and JUD. |
| Apr 8, 2015 | Set for hearing April 14. |
| Apr 14, 2015 | April 14 hearing postponed by committee. |
| Apr 15, 2015 | Set for hearing April 21. |
| Apr 22, 2015 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 726.) (April 21). Re-referred to Com. on JUD. |
| Feb 17, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 818.) (April 28). Re-referred to Com. on APPR. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| May 1, 2015 | Set for hearing May 11. |
| May 11, 2015 | May 11 hearing: Placed on APPR. suspense file. |
| May 23, 2015 | Set for hearing May 28. |
| Jun 1, 2015 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1150.) (May 28). |
| Jun 1, 2015 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 28). |
| Jun 2, 2015 | Read second time and amended. Ordered to third reading. |
| Jun 3, 2015 | Read third time. Passed. (Ayes 40. Noes 0. Page 1294.) Ordered to the Assembly. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 10, 2015 | Unfinished Business SB238 Mitchell Concurrence | Senate Floor |
Passed |
|
| Sep 8, 2015 | SB 238 Mitchell Senate Third Reading By CHIU | Assembly Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 14, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
|
| Jun 30, 2015 | Do pass and be re-referred to the Committee on [Human Services] | Assembly Standing Committee on Judiciary |
Passed |
|
| Jun 3, 2015 | Senate 3rd Reading SB238 Mitchell | Senate Floor |
Passed |
|
| May 28, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 11, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 21, 2015 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Abode Services | ** Support | Aug 19, 2015 |
| AdvoKids | ** Support | Sep 8, 2015 |
| Alameda County Board of Supervisors | * Support | Jun 30, 2015 |
| Alameda County Foster Youth Alliance | ** Support | Sep 8, 2015 |
| Alameda County Social Services Agency | ** Support | Aug 19, 2015 |
| Behavioral Health Board | * Support | Jun 30, 2015 |
| California Alliance | ** Support | Sep 8, 2015 |
| California Alliance Of Child And Family Services | ** Support | Aug 19, 2015 |
| California CASA Association | ** Support | Aug 19, 2015 |
| California Court Appointed Special Advocates | ** Support | Sep 8, 2015 |
| California Department of Justice | ** Support | Aug 19, 2015 |
| California State Association Of Counties | ** Support | Aug 19, 2015 |
| California State Conference of the NAACP | ** Support | Aug 19, 2015 |
| California Youth Connection | ** Support | Aug 19, 2015 |
| Children Now | ** Support | Aug 19, 2015 |
| Children's Advocacy Institute | ** Support | Sep 8, 2015 |
| Children'S Defense Fund | ** Support | Aug 19, 2015 |
| Children'S Law Center Of California | ** Support | Aug 19, 2015 |
| Citizens Commission on Human Rights | ** Support | Jun 30, 2015 |
| Consumer Watchdog | ** Support | Aug 19, 2015 |
| Contra Costa County Board of Supervisors | ** Support | Aug 19, 2015 |
| County Welfare Directors Association of California | ** Support | Sep 8, 2015 |
| Dependency Legal Group of San Diego | ** Support | Sep 8, 2015 |
| Family Voices of California | ** Support | Aug 19, 2015 |
| First Focus Campaign for Children | ** Support | Sep 8, 2015 |
| First Place for Youth | ** Support | Aug 19, 2015 |
| Humboldt County Transition Age You Collaboration | ** Support | Sep 8, 2015 |
| Humboldt County Transition Youth Collaboration | * Support | Jun 30, 2015 |
| John Burton Foundation for Children Without Homes | ** Support | Aug 19, 2015 |
| Legal Advocates for Children and Youth | ** Support | Sep 8, 2015 |
| National Association of Social Workers - California Chapter | ** Support | Jun 30, 2015 |
| National Center for Youth Law | ** Support | Sep 8, 2015 |
| North American Council on Adoptable Children | ** Support | Aug 19, 2015 |
| Peers Envisioning and Engaging in Recovery Services | ** Support | Sep 8, 2015 |
| Public Counsel's Children's Rights Project | ** Support | Sep 8, 2015 |
| San Joaquin County Human Services Agency | ** Support | Aug 19, 2015 |
| Santa Clara Board of Supervisors | ** Support | Jun 30, 2015 |
| Santa Clara County Board of Supervisors | ** Support | Aug 19, 2015 |
| Stanislaus County Community Services Agency | ** Support | Aug 19, 2015 |
| The Children's Partnership | ** Support | Aug 19, 2015 |
| The Jamestown Community Center | ** Support | Aug 19, 2015 |
| United Ways Of California | * Indeterminate | Apr 21, 2015 |
| Urban Counties Caucus | ** Support | Sep 8, 2015 |
| Ventura County Board of Supervisors | ** Support | Aug 19, 2015 |
| Youth Law Center | ** Support | Sep 8, 2015 |
SB 238
Page 8
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 238
Author: Mitchell (D) and Beall (D), et al.
Amended: 9/4/15
SENATE HUMAN SERVICES COMMITTEE: 5-0, 4/21/15
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE JUDICIARY COMMITTEE: 6-0, 4/28/15
AYES: Jackson, Anderson, Hertzberg, Leno, Monning, Wieckowski
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SENATE FLOOR: 40-0, 6/3/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
ASSEMBLY FLOOR: 79-0, 9/8/15 - See last page for vote
SUBJECT: Foster care: psychotropic medication
SOURCE: County Welfare Directors Association of California
National Center for Youth Law
DIGEST: This bill requires certification and training programs for foster parents, child welfare social workers, group home administrators, public health nurses, dependency court judges and court appointed council to include training on psychotropic medication, trauma, and behavioral health, as specified, for children receiving child welfare services. This bill requires the Judicial Council to amend and adopt rules of court and develop appropriate forms pertaining to the authorization of psychotropic medication for foster youth, on or before July 1, 2016.
Assembly Amendments (1) strike provisions requiring the creation of a system that automatically alerts a social worker when psychotropic medication has been prescribed in specified, high risk, circumstances; (2) require the Department of Health Care Services (DHCS) to provide the Department of Social Services (CDSS), specified information for children in foster care pursuant to a data sharing agreement between the two departments, to which county placing agencies may opt to participate; (3) clarify the scope of the monthly-report to be created by CDSS and provide that the report is required to be provided only to counties that are signatories to the data sharing agreement; and (4) make other technical amendments and add chaptering language pertaining to AB 403 (Stone)
Existing law:
Provides for the development of a group home administrator certification program by CDSS in collaboration with specified stakeholders. Requires the certification program to include a minimum of 40 hours of classroom instruction and provide coverage of a specified uniform core of knowledge. (HSC 1522.41)
Requires licensed foster parents to complete a minimum of 12 hours of training covering specified topics prior to the placement of a foster child in the home, and eight hours annually subsequently. (HSC 1529.2)
Requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct hearings pursuant to Welfare and Institutions Code Section 300, pertaining to dependent children. (WIC 304.7)
Requires court-appointed counsel of a child or nonminor dependent to have specified training, promulgated by the Judicial Council as rules of the court, that ensures adequate representation of the child or nonminor dependent. (WIC 317)
Provides that only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent of the court and removed from the physical custody of his or her parent. Requires the Judicial Council to adopt rules of court and develop appropriate forms. (WIC 369.5)
Provides for the development of a statewide coordinated training program designed specifically to meet the needs of county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act. (WIC 16206)
This bill:
Requires CDSS to develop training, in consultation with DHCS, the Judicial Council, the County Welfare Directors Association of California (CWDA), the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, and stakeholders, that may be provided to county child welfare social workers, probation officers, courts hearing dependency or delinquency cases, children’s attorneys, children’s caregivers, court-appointed special advocates, and other relevant staff who work with children under the jurisdiction of the juvenile court.
Requires the above training to address the authorization, uses, risks, benefits, assistance with self-administration, oversight, and monitoring of psychotropic medications, trauma, and substance use disorder and mental health treatments, including how to access those treatments.
Requires the following statutorily required trainings to include the content described in #2 above:
Group home administrator certification;
Initial preplacement training and post training of licensed foster parents;
Training required to be made available to relative and nonrelative extended family members;
Judicial Council-developed training for judges who conduct trainings pursuant to Welfare and Institutions Code Section 300;
Training of court-appointed counsel of a child or nonminor dependent; and
Training provided to specified county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act.
Requires the Judicial Council, on or before July 1, 2016, in consultation with CDSS, DHCS, and specified stakeholders to amend and adopt rules of court and develop appropriate forms pertaining to this bill.
Requires the above implementation and updates ensure the following:
The child and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed.
Information regarding the child’s overall behavioral health assessment and treatment plan is provided to the court.
Information regarding the rationale for the proposed medication, as specified, including information on other pharmacological and non-pharmacological treatments that have been utilized and the child’s response, a discussion of symptoms not alleviated or ameliorated by other efforts and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms.
Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization, is not included in a request.
Requires the developed rules of court and forms to include a process for the court to periodically oversee orders regarding the administration of psychotropic medication that includes specified information. Provides that oversight shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court.
Requires CDSS, in consultation with DHCS, and other specified stakeholders to develop county-specific monthly reports that describe each child for whom one or more psychotropic medications have been paid for under Medi-Cal, including authorized medications, pharmacy data including the quantity and dose of medications, other available information regarding psychosocial interventions and incidents of polypharmacy.
Requires, additionally, the monthly report to include an indicator that identifies each child under five years of age for whom one or more psychotropic medications is prescribed and each child of any age for whom three or more psychotropic medications are prescribed.
Requires CDSS distribute the monthly report to a county placing agency, if the placing agency is a signatory to the data sharing agreement, as described.
Requires CDSS in consultation with DHCS, CWDA and other stakeholders to develop a form to be used by a county child welfare services agency to share with the juvenile court, the child’s attorney, and the court-appointed special advocate, if one has been appointed, information pertaining to the child served.
Background
Foster care training requirements. In 2003, federal law mandated states to develop and implement standardized statewide training for child welfare workers including specified curriculum. As a result of the federal legislation, the California Social Work Education Center, the Regional Training Academies and CDSS developed the Common Core Curricula with courses beginning in 2005.
Existing law additionally mandates foster parents to receive a minimum of 12 hours of foster parent training prior to placement of a foster child and a minimum of eight hours of post-placement training annually. Some counties require significantly more training as a condition of county licensure. These trainings are generally provided by California community colleges and in some counties by California State Universities under the Foster and Kinship Care Education Program initially established in 1984. Group home facility administrators are required to be certified through CDSS-developed and approved programs that include 40 hours of classroom instruction. Group home administrators are also required to renew their certification every two years through 40 hours of classroom or online instruction covering specified curriculum.
Existing law requires the Judicial Council to develop training standards for dependency court judges and dependency attorneys, providing the Judicial Council with broad discretion to define the scope of the training. California Rules of Court, Rule 5.660 requires attorneys to complete a minimum of eight hours of initial training or education in the area of juvenile dependency, or have sufficient recent experience in dependency proceedings, and to also complete at least eight hours of continuing education every three years. Rule 5.660 requires the superior court of each county to amend its local rules, and many local courts have established training requirements far exceeding the minimum requirements.
Psychotropic medication use in children. Concern over the use of psychotropic medications among children has been well-documented in research journals and the mainstream media for more than a decade. According to a study published in 2011, children who took antipsychotic medications were likely to suffer ill health effects including “cardiometabolic and endocrine side-effects” as well as significant weight gain. The authors recommended that collaboration between child and adolescent psychiatrists, general practitioners and pediatricians is essential to “reduce the likelihood of premature cardiovascular morbidity and mortality.”
Court oversight mechanisms. SB 543 (Bowen, Chapter 552, Statutes of 1999) mandated that, once a child has been adjudged a dependent of the state, only the court may authorize psychotropic medications for the child, based on a request from a physician that includes the following:
The reasons for the request;
A description of the child’s diagnosis and behavior;
The expected results of the medication; and
A description of any side effects of the medication.
In accordance with this statute, the Administrative Office of the Courts established a series of court documents generally referred to as “the” JV-220, which includes a statement completed and signed by the prescribing physician that includes the child’s diagnosis, relevant medical history, other therapeutic services, the medication to be administered, and the basis for the recommendation.
Oversight concerns. A broad range of stakeholders have expressed concerns with the efficacy of current oversight mechanisms citing the limited scope of information that is available on the JV-220 and a lack of access to medical experts able to assist in evaluating medical information. Further, due to frequent placement changes of dependent youth, important medical history may not accompany the youth such that prior, or current medication regimens, may not be disclosed to a judge, prescribing physician, social worker or caregiver. Additionally important information related to alternative non-pharmacological treatments that have (or have not) been tried may not be available and this important information is often left blank on the JV-220. Additionally, the JV-220 form has been criticized for offering little opportunity for input from the community of representatives and caregivers involved with the youth except to offer a short window of opportunity to formally object. Furthermore, the form does not include information related to medically important metabolic screenings.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, this bill may lead to potentially significant one-time costs (GF) to CDSS for the development of the training components, and major costs likely in the low millions of dollars (GF) annually for increased costs incurred by county social workers, public health nurses, and other county staff for time to attend additional training, complete more comprehensive court forms, respond to automatic alerts, provide notifications, and provide additional follow-up. Additionally, the analysis cites ongoing costs of $130,00 ($65,000 GF) to DHCS to fund one researcher position for the preparation of ongoing individualizes monthly report, one-time costs of $150,000 ($100,000 GF) for CDSS to develop the individualized report and associated form and one-time costs of $77,000 (GF) to the Judicial Council to develop and/or update forms.
County Welfare Directors Association of California (co-source)
National Center for Youth Law (co-source)
Advokids
Alameda County Foster Youth Alliance
California Alliance
California Court Appointed Special Advocates
Children’s Advocacy Institute
Children’s Partnership
County Welfare Directors Association of California
Dependency Legal Group of San Diego
First Focus Campaign for Children
Humboldt County Transition Age You Collaboration
Legal Advocates for Children and Youth
Peers Envisioning and Engaging in Recovery Services
Public Counsel’s Children’s Rights Project
Urban Counties Caucus
Youth Law Center
Seven individuals
None received
ASSEMBLY FLOOR: 79-0, 9/8/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Chávez
Prepared by: Sara Rogers / HUMAN S. / (916) 651-1524
9/8/15 21:47:09
**** END ****
SB 238
Page 4
SENATE THIRD READING
SB 238
(Mitchell and Beall)
As Amended September 4, 2015
Majority vote
SENATE VOTE: 40-0
Committee |
Votes |
Ayes |
Noes |
Judiciary |
10-0 |
Mark Stone, Wagner, Alejo, Chau, Chiu, Gallagher, Cristina Garcia, Holden, Maienschein, O'Donnell |
|
Human Services |
7-0 |
Chu, Mayes, Calderon, Lopez, Maienschein, Mark Stone, Thurmond |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bloom, Bonta, Calderon, Chang, Nazarian, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Increases training and information, and requires development of updated rules and forms, regarding use of psychotropic medication for children in the juvenile court system. Specifically, this bill:
Requires trainings of the following individuals to include information about the authorization, uses, risks, benefits, assistance with self-administration, oversight and monitoring of psychotropic medication, and substance use disorder and mental health treatments, including how to access those treatments:
Group home administrators;
Licensed foster parents, both for initial certification and for post-placement annual training;
Relative and nonrelative extended family members;
Juvenile court judges, commissioners and referees who hear dependency cases;
Court-appointed counsel of a minor or nonminor dependent;
County child welfare workers; and
Public health nurses.
Requires the Department of Social Services (DSS), in consultation with specified stakeholders, to develop the training specified in 1) above.
Requires the Judicial Council, on or before July 1, 2016, in consultation with specified stakeholders, to amend and adopt rules of court and develop appropriate forms regarding new requirements for authorization of psychotropic medication to wards or dependent children. Requires the rules and forms to ensure:
The child and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed.
Information regarding the child's overall mental health assessment and treatment plan is provided to the court.
Information regarding the rationale for the proposed medication, including information about other pharmacological and nonpharmacological treatments and the child's response to those treatments, and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms.
Guidance on how to evaluate the request for authorization, including how to proceed if required information is not included in a request.
Requires that, upon approval or denial by a court of a request to administer psychotropic medication to a dependent child or ward, the child's caregiver be provided with a copy of the court order.
Requires the rules and forms in 3) above, to include a process for periodic oversight by the court, facilitated by the county social worker, public health nurse, or other appropriate county staff, of orders regarding the administration of psychotropic medication that includes specified information. Provides that oversight be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court.
Requires DSS, in consultation with specified stakeholders, to provide monthly, county-specific reports that include specified information for each child receiving psychotropic medication paid for under Medi-Cal, as provided. Requires that the monthly report on children receiving psychotropic medication include indicators to identify children for whom additional follow up may be appropriate, which may include, but not be limited to, an indicator that identifies children under five receiving any psychotropic medication and an indicator that identifies children of any age prescribed three or more psychotropic medications.
Requires that this information be shared with specified individuals, on a form that DSS, in consultation with stakeholders, must develop.
Requires the Department of Health Care Services (DHCS) to provide DSS, pursuant to a data sharing agreement, information for administration, oversight and implementation of health and social services programs for children in foster care, and allows county placing agencies to opt in to the data sharing agreement and receive the data reports.
Adds chaptering out language.
EXISTING LAW:
Provides that a minor may be removed from the physical custody of his or her parents and become a dependent of the juvenile court as the result of abuse or neglect.
Provides that a juvenile court has jurisdiction over a child when that child has committed acts that trigger delinquency jurisdiction rendering the child a ward.
Requires that DSS develop a group home administrator certification program to ensure certified persons have appropriate training to provide care and services.
Requires every licensed foster parent to complete a minimum of 12 hours of foster parent training covering specified topics prior to the placement of a foster child in the home and eight hours each year thereafter.
Requires the Judicial Council to develop and implement standards for the education and training of all judges, commissioners and referees who conduct dependency hearings.
Requires counsel appointed to represent a minor or nonminor dependent to have specified training to ensure adequate representation.
Provides for the development of a statewide coordinated training program designed specifically to meet the needs of county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and mandated reporters. Requires each community college district with a foster care education program to provide orientation and training to relative and nonrelative extended family member caregivers.
Provides that only a juvenile court judicial officer has authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent of the court and removed from the physical custody of his or her parent. Defines "psychotropic medicine" as those medicines administered to treat psychiatric disorders or illnesses and includes anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, anti-Parkinson agents, hypnotics, medications for dementia and psychostimulants.
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 minor’s diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Requires, within seven court days, the juvenile court to either approve or deny in writing a request for authorization for the administration of psychotropic medication, or to set the matter for hearing. Requires the Judicial Council to adopt rules of court and develop appropriate forms for the requirement above.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
Potentially significant one-time costs (General Fund (GF)) to DSS for the development of the training component for licensed foster parents, group home administrators, relative and nonrelative extended family members, court-appointed counsel, child protective services staff, and mandated reporters.
Major costs likely in the low millions of dollars (GF) annually for increased costs incurred by county social workers, public health nurses, and other county staff for time to attend additional training, complete more comprehensive court forms, provide notifications, and provide additional follow-up. DHCS estimates that initial training for foster care public health nurses will cost approximately $997,000 and approximately $293,000 annually thereafter. (This legislation that has an overall effect of increasing the costs already borne by counties under realignment (Proposition 30), and thus will apply to local agencies only to the extent that the State provides annual funding for the cost increase.)
Ongoing costs of $130,00 ($65,000 GF) to DHCS to fund one researcher position to identify, evaluate and collate claims data packages to be used in the preparation of ongoing individualizes monthly reports.
One-time costs of $150,000 ($100,000 GF) for DSS to develop the individualized report and associated form to the extent DSS and the DHCS are able to utilize pre-existing data from their respective databases to develop the report.
One-time costs of $77,000 (GF) to the Judicial Council to develop and/or update forms.
COMMENTS: This bill is part of a package of bills introduced in response to very troubling, recent reports on the overmedicating of children in the foster care system with psychotropic drugs. Psychotropic medication alters chemical levels in the brain which impact mood and behavior and includes antipsychotics, antidepressants and psychostimulants. The category of psychotropic medication is fairly broad, intending to treat symptoms of conditions ranging from ADHD to childhood schizophrenia. Much of the use of psychotropic drugs in children is considered "off label," meaning the use has not been approved by the Food and Drug Administration for the prescribed use, although the practice is legal and common to all manner of pharmaceuticals.
This bill seeks to address the concerns related to the administration of psychotropic drugs in the delinquency and foster care systems in several important ways. First, it requires the Judicial Council to update forms and rules to ensure improved and regularly updated information is solicited from, and received by, appropriate individuals and entities regarding use of psychotropic medication. Second, this bill requires DSS to develop monthly reports on foster children receiving these medications and requires certain data sharing between DHCS and DSS, and the counties. Finally, this bill requires training on the use of psychotropic medication by foster children for group home administrators, foster parents, relative and nonrelative caregivers, judges, children's counsel, child welfare workers, and public health nurses.
Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334 FN: 0002125
SB 238
Page 4
SENATE THIRD READING
SB 238
(Mitchell)
As Amended August 28, 2015
Majority vote
SENATE VOTE: 40-0
Committee |
Votes |
Ayes |
Noes |
Judiciary |
10-0 |
Mark Stone, Wagner, Alejo, Chau, Chiu, Gallagher, Cristina Garcia, Holden, Maienschein, O'Donnell |
|
Human Services |
7-0 |
Chu, Mayes, Calderon, Lopez, Maienschein, Mark Stone, Thurmond |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bloom, Bonta, Calderon, Chang, Nazarian, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Increases training and information, and requires development of updated rules and forms, regarding use of psychotropic medication for children in the juvenile court system. Specifically, this bill:
Requires trainings of the following individuals to include information about the authorization, uses, risks, benefits, assistance with self-administration, oversight and monitoring of psychotropic medication, and substance use disorder and mental health treatments, including how to access those treatments:
Group home administrators;
Licensed foster parents, both for initial certification and for post-placement annual training;
Relative and nonrelative extended family members;
Juvenile court judges, commissioners and referees who hear dependency cases;
Court-appointed counsel of a minor or nonminor dependent;
County child welfare workers; and
Public health nurses.
Requires the Department of Social Services (DSS), in consultation with specified stakeholders, to develop the training specified in 1) above.
Requires the Judicial Council, on or before July 1, 2016, in consultation with specified stakeholders, to amend and adopt rules of court and develop appropriate forms regarding new requirements for authorization of psychotropic medication to wards or dependent children. Requires the rules and forms to ensure:
The child and his or her caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed.
Information regarding the child's overall mental health assessment and treatment plan is provided to the court.
Information regarding the rationale for the proposed medication, including information about other pharmacological and nonpharmacological treatments and the child's response to those treatments, and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms.
Guidance on how to evaluate the request for authorization, including how to proceed if required information is not included in a request.
Requires that, upon approval or denial by a court of a request to administer psychotropic medication to a dependent child or ward, the child's caregiver be provided with a copy of the court order.
Requires the rules and forms in 3) above, to include a process for periodic oversight by the court, facilitated by the county social worker, public health nurse, or other appropriate county staff, of orders regarding the administration of psychotropic medication that includes specified information. Provides that oversight be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court.
Requires DSS, in consultation with specified stakeholders, to provide monthly, county-specific reports that include specified information for each child receiving psychotropic medication paid for under Medi-Cal, as provided. Specified information includes identifying children under five receiving any psychotropic medication and children of any age prescribed three or more psychotropic medications. Requires that this information be shared with specified individuals, on a form that DSS, in consultation with stakeholders, must develop.
Requires the Department of Health Care Services (DHCS) to provide DSS, pursuant to a data sharing agreement, information for administration, oversight and implementation of health and social services programs for children in foster care, and allows county placing agencies to opt in to the data sharing agreement and receive the data reports.
EXISTING LAW:
Provides that a minor may be removed from the physical custody of his or her parents and become a dependent of the juvenile court as the result of abuse or neglect.
Provides that a juvenile court has jurisdiction over a child when that child has committed acts that trigger delinquency jurisdiction rendering the child a ward.
Requires that DSS develop a group home administrator certification program to ensure certified persons have appropriate training to provide care and services.
Requires every licensed foster parent to complete a minimum of 12 hours of foster parent training covering specified topics prior to the placement of a foster child in the home and eight hours each year thereafter.
Requires the Judicial Council to develop and implement standards for the education and training of all judges, commissioners and referees who conduct dependency hearings.
Requires counsel appointed to represent a minor or nonminor dependent to have specified training to ensure adequate representation.
Provides for the development of a statewide coordinated training program designed specifically to meet the needs of county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and mandated reporters. Requires each community college district with a foster care education program to provide orientation and training to relative and nonrelative extended family member caregivers.
Provides that only a juvenile court judicial officer has authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent of the court and removed from the physical custody of his or her parent. Defines "psychotropic medicine" as those medicines administered to treat psychiatric disorders or illnesses and includes anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, anti-Parkinson agents, hypnotics, medications for dementia and psychostimulants.
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 minor’s diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Requires, within seven court days, the juvenile court to either approve or deny in writing a request for authorization for the administration of psychotropic medication, or to set the matter for hearing. Requires the Judicial Council to adopt rules of court and develop appropriate forms for the requirement above.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
Potentially significant one-time costs (General Fund (GF)) to DSS for the development of the training component for licensed foster parents, group home administrators, relative and nonrelative extended family members, court-appointed counsel, child protective services staff, and mandated reporters.
Major costs likely in the low millions of dollars (GF) annually for increased costs incurred by county social workers, public health nurses, and other county staff for time to attend additional training, complete more comprehensive court forms, provide notifications, and provide additional follow-up. DHCS estimates that initial training for foster care public health nurses will cost approximately $997,000 and approximately $293,000 annually thereafter. (This legislation that has an overall effect of increasing the costs already borne by counties under realignment (Proposition 30), and thus will apply to local agencies only to the extent that the State provides annual funding for the cost increase.)
Ongoing costs of $130,00 ($65,000 GF) to DHCS to fund one researcher position to identify, evaluate and collate claims data packages to be used in the preparation of ongoing individualizes monthly reports.
One-time costs of $150,000 ($100,000 GF) for DSS to develop the individualized report and associated form to the extent DSS and the DHCS are able to utilize pre-existing data from their respective databases to develop the report.
One-time costs of $77,000 (GF) to the Judicial Council to develop and/or update forms.
COMMENTS: This bill is part of a package of bills introduced in response to very troubling, recent reports on the overmedicating of children in the foster care system with psychotropic drugs. Psychotropic medication alters chemical levels in the brain which impact mood and behavior and includes antipsychotics, antidepressants and psychostimulants. The category of psychotropic medication is fairly broad, intending to treat symptoms of conditions ranging from ADHD to childhood schizophrenia. Much of the use of psychotropic drugs in children is considered "off label," meaning the use has not been approved by the Food and Drug Administration for the prescribed use, although the practice is legal and common to all manner of pharmaceuticals.
This bill seeks to address the concerns related to the administration of psychotropic drugs in the delinquency and foster care systems in several important ways. First, it requires the Judicial Council to update forms and rules to ensure improved and regularly updated information is solicited from, and received by, appropriate individuals and entities regarding use of psychotropic medication. Second, this bill requires DSS to develop monthly reports on foster children receiving these medications and requires certain data sharing between DHCS and DSS, and the counties. Finally, this bill requires training on the use of psychotropic medication by foster children for group home administrators, foster parents, relative and nonrelative caregivers, judges, children's counsel, child welfare workers, and public health nurses.
Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334 FN: 0001621
Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 238
(Mitchell) – As Amended July 1, 2015
Policy Committee: |
Judiciary |
Vote: |
10 - 0 |
|
Human Services |
|
7 - 0 |
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY: This bill requires the Department of Social Services (DSS) to provide training for various individuals in the child welfare system to cover aspects related to psychotropic medications, and establishes measures to increase oversight of the authorization and administration of psychotropic medications for foster youth. Specifically, this bill:
Specifies that training for group home administrators, foster parents, specified judges and appointed counsel, relative and nonrelative extended family member caregivers, mandated child abuse reporters and members of the child welfare delivery system, and public health nurses shall include, but not be limited to: the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
Requires, by July 1, 2016, the Judicial Council, in consultation with specified entities, to develop implementation updates and related forms, and adopt or amend related rules of the court regarding that authorization and administration of psychotropic medications to dependent children who have been removed from the physical custody of their parents, including minors who have been adjudged a ward of the court.
Requires DSS to develop specified reports, alerts, and training, and requires county child welfare services agencies and social workers to take specified actions in order to ensure oversight of psychotropic medication prescribed to foster children:
FISCAL EFFECT:
Potentially significant one-time costs (GF) to DSS for the development of the training component for licensed foster parents, group home administrators, relative and nonrelative extended family members, court-appointed counsel, child protective services staff, and mandated reporters.
Unknown, but potentially major one-time costs potentially in the millions of dollars (GF) for DSS to develop or ensure access to a system that automatically alerts social workers when psychotropic medication has been prescribed to youth, subject to specified conditions.
Major costs likely in the low millions of dollars (GF) annually for increased costs incurred by county social workers, public health nurses, and other county staff for time to attend additional training, complete more comprehensive court forms, respond to automatic alerts, provide notifications, and provide additional follow-up. DHCS estimates that initial training for foster care public health nurses will cost approximately $997,000 and approximately $293,000 annually thereafter. (This legislation that has an overall effect of increasing the costs already borne by counties under realignment (Proposition 30), and thus will apply to local agencies only to the extent that the State provides annual funding for the cost increase.)
Ongoing costs of $130,00 ($65,000 GF) to DHCS to fund one researcher position to identify, evaluate and collate claims data packages to be used in the preparation of ongoing individualizes monthly reports.
One-time costs of $150,000 ($100,000 GF) for DSS to develop the individualized report and associated form to the extent DSS and the Department of Health Care Services (DHCS) are able to utilize pre-existing data from their respective databases to develop the report.
One-time costs of $77,000 (GF) to the Judicial Council to develop and/or update forms.
COMMENTS:
Purpose. This is one of four bills proposing a set of reforms aimed at curbing excessive and inappropriate authorization and administration of psychotropic medications among foster youth. The County Welfare Directors Association of California, states that “we are not seeking the authority for county staff, attorneys or judges to take the place of the trained medical professionals who serve our children. Rather, we want to arm these other practitioners with the necessary tools and training to ask the right questions and probe further when psychotropic medications are prescribed and when potentially harmful interactions could occur. This bill represents a critical piece of the response to this important issue.”
According to the author, this bill, “will ensure that the department and legislature are receiving the reports that we need to monitor our foster youth, that triggers are in place to make sure the children are not being over medicated, and that those who are in trusted with the youth’s well-being receive adequate and appropriate training.”
Background. Existing law provides that only a juvenile court judicial officer has the authority to make orders regarding the administration of psychotropic medications for a minor who is a dependent of the court and has been removed from the physical custody of his or her parent. Existing law also requires the Judicial Council to adopt rules of court and develop appropriate forms.
Pursuant to Rule of Court 5.640, the prescribing physician is required to complete and submit an application to the court, known as the “JV-220” form. The JV-220 requires the inclusion of specific information, including: (1) the child’s diagnosis; (2) the specific medication with the recommended maximum daily dosage and length of time this course of treatment will continue; (3) the anticipated benefits to the child from the use of the medication; (4) a list of any other medications, prescription or otherwise, that the child is currently taking, and a description of any effect these medications may produce in combination with the psychotropic medication; and (5) a statement that the child has been informed in an age-appropriate manner of the recommended course of treatment, the basis for it, and its possible results. The court is required, upon review of the JV-220, to deny, grant, or modify the application for authorization of psychotropic medication within seven days, or to set the matter for hearing. The court may also set a date for review of the child’s progress and condition.
Research has repeatedly indicated that children and youth in foster care face higher levels of inappropriate or excessive medication use, and that those foster youth placed in group home settings are particularly vulnerable to over-prescription and misuse of psychotropic medications. Data provided by the Department of Health Care Services (DHCS) indicate that, in fiscal year 2013-14, almost 15% of all foster youth in California ages 0 to 20 years old were prescribed at least one psychotropic medication; for foster youth ages 12 through 20, this rate was almost 25% and for youth placed in group homes, it was 50%.
In late 2011, the U.S. Department of Health and Human Services issued a letter to states encouraging them to coordinate with partners who worked with foster youth to address enhanced efforts to appropriately prescribe and monitor psychotropic medication among children placed in out-of-home care. As a result, DHCS and DSS developed the Quality Improvement Project to strengthen the state’s Medicaid and child welfare services system by, among other things, improving safe and appropriate prescribing and monitoring of psychotropic drugs. This Spring, DHCS and DSS released state guidelines for the use of psychotropic medication with children and youth in foster care.
Proposition 30. Proposition 30, passed by the voters in November 2012, among other provisions, eliminated any potential mandate funding liability for any new program or higher level of service provided by counties related to realigned programs. Although the provisions of this bill are a mandate on local agencies, any increased costs would not be subject to reimbursement by the state. Rather, Proposition 30 specifies that for legislation enacted after September 30, 2012, the provisions shall apply to local agencies only to the extent that the state provides annual funding for the cost increase.
Related Legislation. The following bills are part of a four-bill package (including this bill) regarding the use of psychotropic medication for children in foster care. All are before this Committee today.
SB 253 (Monning) modifies juvenile court practices and requirements regarding the authorization of psychotropic medications for foster youth by, among other things, requiring clear and convincing evidence that administration of the medication is in the best interest of the child and, in specified circumstances, prohibiting the authorization of psychotropic medication administration for a child unless a second opinion is obtained from a child psychiatrist or behavioral pediatrician.
SB 319 (Beall) adds to the duties of foster care public health nurses, including monitoring each child in foster care who is administered one or more psychotropic medications.
SB 484 (Beall) requires DSS to compile and post on its Internet Web site specified information regarding the administration of psychotropic medications to children placed in group homes and to establish a methodology for identifying group homes with high levels of psychotropic drug use. Further establishes certain requirements for those group homes.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
SB 238
Page 7
Date of Hearing: July 14, 2015
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Kansen Chu, Chair
SB 238
(Mitchell) – As Amended July 1, 2015
SENATE VOTE: 40-0
SUBJECT: Foster care: psychotropic medication.
SUMMARY: Requires training for various individuals in the child welfare system to cover aspects related to psychotropic medications and adopts measures to increase oversight of the authorization and administration of psychotropic medications for foster youth.
Specifically, this bill:
Specifies that training for group home administrators, foster parents, specified judges and appointed counsel, relative and nonrelative extended family member caregivers, mandated child abuse reporters and members of the child welfare delivery system, and public health nurses shall include, but not be limited to: the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
Requires, by July 1, 2016, the Judicial Council, in consultation with specified entities, to develop implementation updates and related forms and adopt or amend related rules of the court regarding that authorization and administration of psychotropic medications to dependent children who have been removed from the physical custody of their parents, including minors who have been adjudged a ward of the court. Further requires these implementation updates to:
Ensure all of the following: the opportunity for the child and his or her and court-appointed special advocate to provide input on the medications being prescribed; that specified information regarding a child’s behavioral health assessment and treatment plan and the rationale for the proposed medication is provided to the court; and that guidance is provided to the court on how to evaluate requests for authorization; and
Include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes specified information, is facilitated by appropriate county staff, and that is conducted in conjunction with other regularly scheduled court hearings and reports.
Requires the following in order to ensure oversight of psychotropic medication prescribed to foster children:
The Department of Social Services (DSS), in consultation with other designated entities, to develop and provide an individualized monthly report to each county child welfare services agency that includes, for each foster child for whom one or more psychotropic medications has been authorized, specified information related to the authorization and administration of psychotropic and nonpsychotropic medication and provision of other behavioral health services;
County child welfare services agencies to use a form developed by DSS and other stakeholders to share the aforementioned information, as specified;
DSS to develop or ensure access to a system that automatically alerts a child’s social worker when that child has been prescribed a psychotropic medication that either: is prescribed in unusual and/or potentially dangerous combination with another psychotropic medication, is prescribed in an unusual dosage for that child’s age, has the potential to interact dangerously with other medications prescribed to the child, or is not typically indicated for a child of that age;
The child’s social worker to, upon receipt of an alert from the system described above, notify specified entities that the alert has been received and to include a discussion of any alerts and their resolutions, if any, in the next court report filed in the child’s case; and
DSS to, in consultation with stakeholders, develop training that may be provided to various entities who work with children receiving child welfare services regarding the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medications, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.
EXISTING LAW:
Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (WIC 202 et seq.)
Allows a juvenile court to adjudge a child a ward or a dependent of the court for specified reasons, including but not limited to if the child has been left without any provision for support, as specified. (WIC 300)
Permits the juvenile court to retain jurisdiction over a ward or dependent of the court until he or she reaches the age of 21. (WIC 303)
Establishes circumstances under which a minor may be adjudged a ward of the juvenile court, including, but not limited to, being beyond the control of his or her parents, guardian, or custodian, or violating any city, county, state, or federal laws, except for certain serious violations that warrant prosecution under the general law in a court of criminal jurisdiction, as specified. (WIC 601 and 602)
States that only a juvenile court judicial officer has the authority to make orders for the administration of psychotropic medications for a minor who has been adjudged a dependent or ward of the court. (WIC 369.5 and 739.5)
Defines “psychotropic medication” or “psychotropic drugs” as those medications administered for the purpose of affecting the central nervous system to treat psychiatric disorders or illnesses. Further states that these medications include, but are not limited to, anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, anti-Parkinson agents, hypnotics, medications for dementia, and psychostimulants. (WIC 369.5 (d))
Requires the director of DSS to develop a certification program for the adminstrators of group home facilities, and states that this program shall require a minimum of 40 hours of training in specified areas of knowledge. (HSC 1522.41)
Requires every licensed foster parent to complete a minimum of 12 hours of training before any foster children are placed with him or her, and also requires a minimum of 8 hours of foster parent training annually. Further specifies the topics to be covered in these trainings. (HSC 1529.2)
Requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct dependency hearings, as specified, and further requires certain topics to be covered. (WIC 304.7)
Requires the Judicial Council to promulgate rules establishing training requirements for appointed counsel for children in the dependency system, as specified. (WIC 317)
Requires each community college district with a foster care education program to make available training covering specified topics for relative and nonrelative extended family member caregivers. (WIC 16003)
Provides for statewide coordinated training for county child protective services social workers and other members of the child welfare delivery system, as specified. (WIC 16206)
Requires the Department of Social Services (DSS) to establish and maintain a public health nursing program in the child welfare services system, as specified, whereby counties are required to use the services of foster care public health nurse. Further states that the purpose of this program is to identify, respond to, and enhance the physical, mental, dental, and developmental well-being of children in the child welfare system. (WIC 16501.3)
FISCAL EFFECT: According to the May 28, 2015, Senate Appropriations Committee analysis, this bill may result in the following costs:
Potentially significant one-time costs (General Fund) to DSS for the development of the training component for licensed foster parents, group home administrators, relative and nonrelative extended family members, court-appointed counsel, child protective services staff, and mandated reporters.
One-time costs of $77,000 (General Fund) related to developing and/or updating Judicial Council forms.
One-time costs of $150,000 ($100,000 General Fund) for DSS to develop the individualized report and associated form, to the extent DSS and the Department of Health Care Services (DHCS) are able to utilize pre-existing data from their respective databases to develop the report.
Unknown, but potentially major one-time costs potentially in the millions of dollars (General Fund) for DSS to develop or ensure access to a system that automatically alerts social workers when psychotropic medication has been prescribed to youth, subject to specified conditions.
Major costs potentially in the low millions of dollars (General Fund) annually for increased costs incurred by county social workers, public health nurses, and other county staff for time to attend additional training, complete more comprehensive court forms, respond to automatic alerts, provide notifications, and provide additional follow-up. (Proposition 30 exempts the State from mandate reimbursement for realigned programs, however, legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs, including child welfare services, apply to local agencies only to the extent that the State provides annual funding for the cost increase.)
COMMENTS:
Psychotropic medications and foster youth: Psychotropic medications include drugs prescribed to manage psychiatric and mental health disorders or issues including depression, obsessive-compulsive disorder, attention deficit hyperactivity disorder, bipolar disorder, schizophrenia, and others. These medications include antipsychotics such as Seroquel, antidepressants like Prozac, mood stabilizers including Lithium, and stimulants like Ritalin.
There continues to be significant concern over the use of psychotropic medications for children, due to a vast array of side effects (which can include aggressive behavior, hostility, seizures, significant weight gain, and more) and due to the fact that the long-term effects for children using these drugs are largely unknown. Additionally, many psychotropic medications are prescribed to children “off label” – that is, they are used to treat symptoms other than those for which the FDA originally approved each drug. While off-label use is not illegal, there are concerns about how well-understood these medications and their uses are by prescribers and patients. Over 75% of psychotropic drug use among children and adolescents is believed to be off-label. One class of psychotropic medications, antipsychotics, raises particular concern; these are potent drugs with a high potential for side-effects, and there is little known about their impact on growth, development, and children’s neurological systems.
Research has repeatedly indicated that children and youth in foster care face higher levels of inappropriate or excessive medication use, and that those foster youth placed in group home settings are particularly vulnerable to over-prescription and misuse of psychotropic medications. Data provided by the Department of Health Care Services (DHCS) indicate that, in fiscal year 2013-14, almost 15% of all foster youth in California ages 0 to 20 years old were prescribed at least one psychotropic medication; looking specifically at all foster youth ages 12 through 20, this rate was almost 25% and for youth placed in group homes, it was 50%.
In late 2011, the U.S. Department of Health and Human Services issued a letter to states encouraging them to coordinate with partners who worked with foster youth to address enhanced efforts to appropriately prescribe and monitor psychotropic medication among children placed in out-of-home care. As a result, DHCS and DSS developed the Quality Improvement Project to strengthen the state’s Medicaid and child welfare services system by, among other things, improving safe and appropriate prescribing and monitoring of psychotropic drugs; this project has enabled the state to access the knowledge and perspectives of various experts, and has continued to hold various workgroup meetings and set and accomplish objectives related to its mission. Additionally, this Spring, DHCS and DSS released state guidelines for the use of psychotropic medication with children and youth in foster care.
Need for this bill: This is one of four bills proposing a set of reforms aimed at curbing excessive and inappropriate authorization and administration of psychotropic medications among foster youth. This bill requires DSS, and other stakeholders, to develop monthly data reports to facilitate the matching of authorization and pharmacy dispensing data for a child for whom one or more psychotropic medications have been authorized; this data would be shared with county child welfare agencies, and these agencies would in turn share the data with relevant parties, including the court and a child’s attorney. This bill also creates an alert system that would notify a county child welfare agency any time psychotropic medications are prescribed in a potentially dangerous combination or dosage; again, this data would be shared with relevant parties. Additionally, this bill calls for updates to court processes and forms, providing the important opportunity for children and other key stakeholders to provide information and feedback regarding the child’s overall behavioral health treatment plan. Lastly, this bill requires topics related to psychotropic medications and other behavioral health supports to be included in training for group home administrators, foster parents, specified judges and appointed counsel, relative and nonrelative extended family member caregivers, mandated child abuse reporters, and public health nurses.
A number of professionals and individuals come into contact with a child in the state’s child welfare services system. This bill seeks to strengthen the potential of this support network to protect a child from the administration of psychotropic drugs that are unwarranted or potentially dangerous by increasing workers’ and caregivers’ knowledge about psychotropic medications and their alternatives, and by fostering crucial communication across the system.
The sponsor of this bill, the County Welfare Directors Association of California, states that “we are not seeking the authority for county staff, attorneys or judges to take the place of the trained medical professionals who serve our children. Rather, we want to arm these other practitioners with the necessary tools and training to ask the right questions and probe further when psychotropic medications are prescribed and when potentially harmful interactions could occur. This bill represents a critical piece of the response to this important issue.”
According to the author, this bill, “will ensure that the department and legislature are receiving the reports that we need to monitor our foster youth, that triggers are in place to make sure the children are not being over medicated, and that those who are in trusted with the youth’s well-being receive adequate and appropriate training.”
RELATED LEGISLATION:
SB 253 (Monning), 2015, modifies juvenile court practices and requirements regarding the authorization of psychotropic medications for foster youth by, among other things, requiring clear and convincing evidence that administration of the medication is in the best interest of the child and, in specified circumstances, prohibiting the authorization of psychotropic medication administration for a child unless a second opinion is obtained from a child psychiatrist or behavioral pediatrician.
SB 319 (Beall), 2015, adds to the duties of foster care public health nurses, including monitoring each child in foster care who is administered one or more psychotropic medications.
SB 484 (Beall), 2015, requires DSS to compile and post on its Internet Web site specified information regarding the administration of psychotropic medications to children placed in group homes and to establish a methodology for identifying group homes with high levels of psychotropic drug use. Further establishes certain requirements for those group homes.
SECOND COMMITTEE OF REFERENCE. This bill was previously heard in the Assembly Judiciary Committee, on June 30, 2015 and was approved on a 10-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
Abode Services
Advokids
Alameda County Foster Youth Alliance (FYA)
Alameda County Social Services Agency
American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO
Accessing Health Services For California’s Children In Foster Care Task Force
California Alliance of Child and Family Services
California CASA Association
California Department of Justice
California State Association of Counties (CSAC)
California State Conference of the NAACP
California Youth Connection (CYC)
Children Now
Children’s Advocacy Institute
Children’s Defense Fund
Children’s Law Center of California
Consumer Watchdog
Contra Costa County Board of Supervisors
County Welfare Directors Association of California (CWDA), co-sponsor
Dependency Legal Group of San Diego
Family Voices of California
First Focus Campaign for Children (FFCC)
First Place for Youth
Humboldt County Transition age Youth Collaboration
John Burton Foundation for Children without Homes
National Center for Youth Law, co-sponsor
North American Council on Adoptable Children (NACAC)
Peers Envisioning and Engaging in Recovery Services (PEERS)
Public Counsel’s Children’s Rights Project
San Joaquin County Human Services Agency (HSA)
Santa Clara County Board of Supervisors
Stanislaus County Community Services Agency
The Children’s Partnership
The Jamestown Community Center
The Mockingbird Society
Urban Counties Caucus (UCC)
Ventura County Board of Supervisors
Youth Law Center (YLC)
Opposition
None on file.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089
SB 238
Page 9
Date of Hearing: June 30, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
SB 238
(Mitchell and Beall) – As Amended June 2, 2015
SENATE VOTE: 40-0
SUBJECT: foster CHILDREN: TRAINING AND OVERSIGHT for psychotropic medication
KEY ISSUE: IN ORDER TO BETTER PROTECT FOSTER CHILDREN FROM INAPPROPRIATELY BEING PRESCRIBED POTENT PSYCHOTROPIC DRUGS WITH POTENTIALLY SIGNIFICANT SHORT- AND lONG-TERM HEALTH CONSEQUENCES, SHOULD THOSE WITH OVERSIGHT RESPONSIBILITIES BE BETTER INFORMED ABOUT THEIR FOSTER CHILDREN'S MEDICATIONS, AND SHOULD TRAINING ON THESE DRUGS BE PROVIDED TO THOSE WHO WORK WITH FOSTER CHILDREN?
SYNOPSIS
This bill is part of a package of bills introduced in response to very troubling, recent reports on the overmedicating of children in the foster care system with psychotropic drugs. Psychotropic medications, including antipsychotics, antidepressants and psychostimulants, alter chemical levels in the brain which impact mood and behavior. Sponsored by the County Welfare Directors Association, this bill seeks to address the concerns related to the administration of psychotropic drugs in the foster system in several important ways. First, this bill requires the Judicial Council to update forms and rules to ensure improved and regularly updated information is solicited from, and received by, appropriate individuals and entities regarding use of psychotropic medication. Second, the bill requires the Department of Social Services to develop monthly reports on foster children receiving these medications, as well as a system that triggers an alert to child welfare workers when a child is prescribed psychotropic medication in several potentially dangerous instances. Finally, this bill requires training on the use of psychotropic medication by foster children for group home administrators, foster parents, relative and nonrelative caregivers, judges, children's counsel, and child welfare workers.
This bill is supported by a long list of organizations, including the Department of Justice, several counties and county agencies, and numerous children's organizations. It has no reported opposition. Assuming it passes this Committee, this bill will be referred to the Human Services Committee.
SUMMARY: Increases training and information regarding use of psychotropic medication for children in the foster care system. Specifically, this bill:
Requires existing trainings of the following individuals to include information about the authorization, uses, risks, benefits, administration, oversight and monitoring of psychotropic medication, behavioral health and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments:
Group home administrators;
Licensed foster parents, both for initial certification and for post-placement annual training;
Relative and nonrelative extended family members;
Juvenile court judges, commissioners and referees who hear dependency cases;
Court-appointed counsel of a minor or nonminor dependent; and
County child welfare workers.
Requires the Department of Social Services (DSS), in consultation with specified stakeholders, to develop the training specified in #1), above.
Requires the Judicial Council, on or before July 1, 2016, in consultation with specified stakeholders, to implement and develop updates to the required rules and forms regarding new requirements for authorization of psychotropic medication to dependent children. Requires the updates to ensure:
The child and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed.
Information regarding the child’s overall behavioral health assessment and treatment plan is provided to the court.
Information regarding the rationale for the proposed medication, including information about other pharmacological and nonpharmacological treatments and the child's response to those treatments, and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms.
Guidance on how to evaluate the request for authorization, including how to proceed if required information is not included in a request.
Requires the implementation updates in #3), above, to include a process for periodic oversight by the court, facilitated by the county social worker, public health nurse or other appropriate county staff, of orders regarding the administration of psychotropic medication that includes specified information. Provides that oversight shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court.
Requires DSS, in consultation with specified stakeholders, to provide an individualized monthly report to each county child welfare services agency that includes specified information for each foster child receiving psychotropic medicine. Requires that this information be shared with the juvenile court, the child’s attorney, and the court-appointed special advocate, on a form that DSS, in consultation with stakeholders, must develop.
Requires DSS, in consultation with specified stakeholders, to develop or provide access to a system that automatically alerts a social worker when any of the following occurs: a) multiple psychotropics have been prescribed for the foster child and the combination has risk; b) the dosage is unusual for the child's age; c) the medication has a potential for dangerous interaction with other prescribed medication; or d) the medication is not typical for a child of that age. Requires a child’s social worker, upon receipt of an alert, to tell the child’s attorney, caregiver, and court appointed special advocate that the alert has been received and to include a discussion of the alert and its resolution in the next court report filed.
EXISTING LAW:
Provides that a minor may be removed from the physical custody of his or her parents and become a dependent of the juvenile court as the result of abuse or neglect. (Welfare & Institutions Code Section 300. Unless stated otherwise, all further statutory references are to that code.)
Requires that DSS develop a group home administrator certification program to ensure certified persons have appropriate training to provide care and services. (Health & Safety Code Section 1522.41.)
Requires every licensed foster parent to complete a minimum of 12 hours of foster parent training covering specified topics prior to the placement of a foster child in the home and eight hours each year thereafter. (Health & Safety Code Section 1529.2.)
Requires the Judicial Council to develop and implement standards for the education and training of all judges, commissioners and referees who conduct dependency hearings. (Section 304.7.)
Requires counsel appointed to represent a minor or nonminor dependent to have specified training to ensure adequate representation. (Section 317.)
Provides for the development of a statewide coordinated training program designed specifically to meet the needs of county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and mandated reporters. (Section 16206.)
Requires each community college district with a foster care education program to provide orientation and training to relative and nonrelative extended family member caregivers. (Section 16003.)
Provides that only a juvenile court judicial officer has authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent of the court and removed from the physical custody of his or her parent. Defines "psychotropic medicine" as those medicines administered to treat psychiatric disorders or illnesses and includes anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, anti-Parkinson agents, hypnotics, medications for dementia and psychostimulants. (Section 369.5.)
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 minor’s diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Requires, within seven court days, the juvenile court to either approve or deny in writing a request for authorization for the administration of psychotropic medication, or to set the matter for hearing. Requires the Judicial Council to adopt rules of court and develop appropriate forms for the requirement above. (Id.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: This bill is part of a package of bills introduced in response to very troubling, recent reports on the overmedicating of children in the foster care system with psychotropic drugs. Psychotropic medication alters chemical levels in the brain which impact mood and behavior and includes antipsychotics, antidepressants and psychostimulants. The category of psychotropic medication is fairly broad, intending to treat symptoms of conditions ranging from ADHD to childhood schizophrenia. Much of the use of psychotropic drugs in children is considered "off label," meaning the use has not been approved by the Food and Drug Administration (FDA) for the prescribed use, although the practice is legal and common to all manner of pharmaceuticals.
This bill seeks to address the concerns related to the administration of psychotropic drugs in the foster system in several important ways. First, it requires the Judicial Council to update forms and rules to ensure improved and regularly updated information is solicited from, and received by, appropriate individuals and entities regarding use of psychotropic medication. Second, the bill requires DSS to develop monthly reports on foster children receiving these medications, as well as a system that triggers an alert to child welfare workers when a child is prescribed psychotropic medication in several potentially dangerous instances. Finally, this bill requires training on the use of psychotropic medication by foster children for group home administrators, foster parents, relative and nonrelative caregivers, judges, children's counsel, and child welfare workers.
In support of the bill, the author writes: "SB 238 will ensure that the department and legislature are receiving the reports that we need to monitor our foster youth, that triggers are in place to make sure the children are not being over medicated, and that those who are in trusted with the youth’s well-being receive adequate and appropriate training."
Background on Use and Misuse of Psychotropic Medication in Foster Children. Concern over the use of psychotropic medications among children has been growing for years. According to a recent report by the Government Accounting Office (GAO), 18 percent of foster children are taking psychotropic medication, a "rate 2.7 to 4.5 times higher than were nonfoster children in the Medicaid system." (GAO, Foster Children: HHS Could Provide Additional Guidance to States Regarding Psychotropic Medications 5, 7 (May 2014), citing data from the Administration for Children and Families' National Survey of Child and Adolescent Well-Being II (NSCAW II).) The rate of psychotropic medication use among foster children living in group homes is significantly higher than for other foster children – 48 percent, as compared with 14 percent who live in non-relative foster homes and 12 percent who live with a relative. (Id.)
Not only are more foster children taking psychotropic medication, but many of them take multiple medications. The GAO found that of those foster children who take psychotropic medication, 13 percent took three or more such drugs concurrently, even though research is lacking on the efficacy of taking multiple psychotropics concurrently. (Id. at p. 6.) The GAO found that increasing "the number of drugs used concurrently increases the likelihood of adverse reactions and long-term side effects, such as high cholesterol or diabetes, and limits the ability to assess which of multiple drugs are related to a particular treatment goal." (Id. at p. 7 (footnote omitted).) Additionally, the GAO found that children in the Medicaid system, including foster children, were prescribed doses higher than the maximum recommended for children, noting that: "Our experts said that this increases the risk of adverse side effects and does not typically increase the efficacy of the drugs to any significant extent." (Id. at p. 8.)
Another recent investigation, this one by the Inspector General of the Department of Health and Human Services, uncovered significant misuse of the most powerful psychotropic medication – antipsychotics – in children receiving these drugs through the Medicaid system, including children in the foster care system. While the second generation antipsychotics (SGAs) reviewed in the report are used to treat serious mental health conditions, they can also "have serious side effects and little clinical research has been conducted on the safety of treating children with these drugs." (Inspector General, Department of Health and Human Services, Second-Generation Antipsychotic Drug Use Among Medicaid-Enrolled Children: Quality of Care Concerns 1 (March 2015).)
More disturbingly, the Inspector General examined records for five states, including California, and found that there were quality of care concerns in fully two-thirds of the cases reviewed, including poor monitoring (53 percent of the time), wrong treatment (41 percent), too many drugs (37 percent), taken too long (34 percent), wrong dose (23 percent), taken too young (17 percent), and side effects (7 percent). (Id. at p. 9.) As a result, the Inspector General recommended that "children’s treatment with SGAs needs careful management and monitoring." (Id. at p. 1.)
Recent in-Depth Media Coverage Confirms Significant Concerns With Use of Psychotropic Medication in California's Foster Children. A recent in-depth series of stories published in the San Jose Mercury News (Karen de Sá, Drugging our kids, San Jose Mercury News (Aug. – Dec. 2014)) and a more recent article in the Los Angeles Times (Garrett Therolf, Rampant medication use found among L.A. County foster, delinquent kids, Los Angeles Times (Feb. 16, 2015), highlighted growing concerns that psychotropic medications have been relied on by California’s child welfare and children’s mental health systems as a means of controlling, instead of treating, youth who suffer from trauma-related behavioral health challenges. The Mercury News series detailed significant challenges in accessing pharmacy benefits claims data held by the California Department of Health Care Services, eventually overcome through a Public Records Act request and lengthy negotiations, and found that prescribing rates for foster children were far higher than for children in the overall population:
Abandoned and alone, [foster children] are among California’s most powerless children. But instead of providing a stable home and caring family, the state’s foster care system gives them a pill.
With alarming frequency, foster and health care providers are turning to a risky but convenient remedy to control the behavior of thousands of troubled kids: numbing them with psychiatric drugs that are untested on and often not approved for children.
An investigation by this newspaper found that nearly 1 out of every 4 adolescents in California’s foster care system is receiving these drugs — 3 1/2 times the rate for all adolescents nationwide. Over the last decade, almost 15 percent of the state’s foster children of all ages were prescribed the medications, known as psychotropics, part of a national treatment trend that is only beginning to receive broad scrutiny. (Karen de Sá, Drugging our kids: Children in California's foster care system are prescribed unproven, risky medications at alarming rates, San Jose Mercury News (Aug. 24, 2014).)
The Mercury News series went on to state that while psychotropic medication is necessary for some children, side-effects, both short- and long-term, are not fully understood and not always fully considered:
No one doubts that foster children generally have greater mental health needs because of the trauma they have suffered, and the temptation for caregivers to fulfill those needs with drugs can be strong. In the short term, psychotropics can calm volatile moods and make aggressive children more docile.
But there is substantial evidence of many of the drugs’ dramatic side effects: rapid-onset obesity, diabetes and a lethargy so profound that foster kids describe dozing through school and much of their young lives. Long-term effects, particularly on children, have received little study, but for some psychotropics there is evidence of persistent tics, increased risk of suicide, even brain shrinkage. (Ibid.)
Despite Requirement for Limited Court Oversight, Protections in Current Law may be Inadequate. In 1999, the Legislature passed SB 543 (Bowen), Chap. 552, Stats. 1999, which provided that only a juvenile court judicial officer can make orders regarding the administration of psychotropic medications for foster youth. SB 543 also provided that the juvenile court may issue a specific order delegating this authority to a parent if the parent poses no danger to the child and has the capacity to authorize psychotropic medications. This legislation was passed in response to concerns that foster children were being subjected to excessive use of psychotropic medication, and that judicial oversight was needed to reduce the risk of unnecessary medication. The Judicial Council was required to adopt rules of court to implement the new requirement. Accordingly, Rule of Court 5.640 specifies the process for juvenile courts to follow in authorizing the administration of psychotropic medications and permits courts to adopt local rules to further refine the approval process.
In 2004, AB 2502 (Keene), Chap. 329, sponsored by a coalition of group homes, actually sped up the process for approving psychotropic medication in foster children by requiring a judicial officer to approve or deny, in writing, a request for authorization to administer psychotropic medication, or set the matter for hearing, within seven days.
Despite these measures, concerns remain that psychotropic medication in the child welfare system is overused and underreported, and statutory and regulatory oversight requirements are not always complied with. The Los Angeles Times discovered, through information obtained from a Public Records Act request, that Los Angeles county failed to report on almost one in three dependent or delinquent children in the county receiving psychotropic medication. (Garrett Therolf, Rampant medication use found among L.A. County foster, delinquent kids, supra.) The Mercury News series noted that while the court must approve any authorization to take psychotropics, "forms the courts use often lack critical details and a doctor's expertise is rarely questioned" by the court. (Karen de Sá, Drugging our kids, supra.)
A Package of Bills Introduced to Address The Significant Concerns That Foster Children May Be Overmedicated With Strong Psychotropic Medication Without Sufficient Oversight. In response to the significant and well-placed concerns about the overuse of psychotropic drugs to treat foster children and the need for increased oversight, four bills, including this one, have been introduced in the Legislature this year. The other three bills in the package are:
SB 253 (Monning) increases ongoing court oversight to help ensure that psychotropic drugs are only used when the juvenile court determines, by clear and convincing evidence, that administration of the medication is based on the best interest of the child, after review of specified documentation and confirmations from the prescribing physician. This bill also prohibits the authorization of psychotropic medications without a second independent medical opinion under specified circumstances. SB 253 is also being heard in this Committee today and, like the bill that is the subject to this analysis, scheduled to be heard by the Assembly Human Service Committee afterwards.
SB 319 (Beall) expands the duties of the foster care public health nurse to include monitoring and oversight of the administration of psychotropic medication to foster children. This bill was referred to the Assembly Human Services and Health Committees.
SB 484 (Beall) requires DSS to identify group homes in the foster care system that may be inappropriately administering psychotropic medications to foster youth and to require the submissions of plans from those facilities to reduce inappropriate use of psychotropic medications. This bill was single-referred to the Assembly Human Services Committee.
Bill Provides for Better Monitoring of Psychotropic Medication for Children in Foster Care. Under existing law, only the court may authorize the use of psychotropic medication for any child in the dependency system. Rules of court require the prescribing physician to complete and submit an application to the court, known as the “JV-220” form. The JV-220 requires the inclusion of specific information, including: (1) the child’s diagnosis; (2) the specific medication with the recommended maximum daily dosage and length of time this course of treatment will continue; (3) the anticipated benefits to the child from the use of the medication; (4) a list of any other medications, prescription or otherwise, that the child is currently taking, and a description of any effect these medications may produce in combination with the psychotropic medication; and (5) a statement that the child has been informed in an age-appropriate manner of the recommended course of treatment, the basis for it, and its possible results. The court is required, upon review of the JV-220, to deny, grant or modify the application for authorization of psychotropic medication within seven days, or to set the matter for hearing. The court may also set a date for review of the child’s progress and condition. (Section 369.5; Rules of Court, Rule 5.640.)
Supporters of this bill argue that courts are often not being provided with the full story. Upon reviewing a JV-220, a judge may have no indication that the child is already on psychotropic medication, what a proper dosage for a child is, or what less invasive alternatives are available. Supporters further assert that the existing rule, which sets arguably loose parameters and includes no considerations that the court must take into account when evaluating a JV-220, is too broad for judges who may lack the tools to properly evaluate medical recommendations and are overburdened with unmanageable caseloads. As Judge Michael Nash, former Presiding Judge of the Los Angeles Juvenile Court, put it: "The last time I looked around, there aren't too many psychiatrists or psychologists on the bench. So how in the heck are we able to make good decisions about these meds?" (Karen de Sá, Drugging our kids, supra., quoting Judge Michael Nash.) In addition, the current process does not offer any meaningful way for other adults, caretakers or those who interact with a foster child on a regular basis, to contribute information to a physician’s recommendation.
Accordingly, this bill ensures that a child, his or her caregiver and court appointed special advocate have an opportunity to provide input to the court on the medications being prescribed. This bill further requires that the court is provided with information and tools to properly analyze the authorization request, and that the court monitors the child’s progress by way of periodic oversight facilitated by the social worker, public health nurse or other appropriate county staff. The bill's sponsor, the County Welfare Directors Association, states that “recent reports indicating that psychotropic medications are over-prescribed in the child welfare system have prompted a needed look at the procedures by which those medications are authorized and overseen. The children we serve have experienced severe trauma that often warrants behavioral health services such as trauma-informed therapy and other targeted treatments. We believe it is appropriate for some children to receive medication, when thoughtfully prescribed as part of an overall treatment plan that includes non-pharmacological interventions, as well. With those medications, however, must come oversight to ensure that the treatment plan is in place and that children are responding well to the authorized medications.”
Bill Provides Training and Education on Psychotropic Medication for Those Who Are Entrusted with the Safety and Care of Foster Youth. This bill requires that the adults who provide care, protection and services to foster children receive training on the “authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medication, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.” These adults, including foster parents, relative and nonrelative extended family members, judges, minor’s counsel and social workers, are in a unique position to recognize and advocate for a child’s best interest. With the proper training, they may be able to recognize when a child is not responding properly to medication, and provide valuable information to assist the court in the oversight of a child’s treatment plan. Thus, the court will not be forced to rely on the opinion of the prescribing physician alone. This required education and training on the risks and uses of psychotropic drugs should help the adults in a foster child’s life better assist the child in achieving behavioral and emotional health.
REGISTERED SUPPORT / OPPOSITION:
Support
County Welfare Directors Association of California (sponsor)
Advokids
Alameda County Board of Supervisors
Alameda County Foster Youth Alliance
Alameda County Social Services Agency
American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO
California CASA Association
California Conference of the NAACP
California Department of Justice
California State Association of Counties
California Youth Connection
Children’s Advocacy Institute
Children's Partnership
Citizens Commission on Human Rights
Contra Costa County Board of Supervisors
Dependency Legal Group of San Diego
First Focus Campaign for Children
Humboldt County Transition Age Youth Collaboration
National Association of Social Workers – California Chapter
National Center for Youth Law
Peers Envisioning and Engaging in Recovery Services
Public Counsel’s Children’s Rights Project
San Joaquin County Human Services Agency
Santa Clara Board of Supervisors
Stanislaus County Community Services Agency
Ventura County Board of Supervisors
Youth Law Center (if amended)
Several individuals
Opposition
None on file
Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334
SB 238
Page 7
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 238
Author: Mitchell (D) and Beall (D), et al.
Amended: 6/2/15
SENATE HUMAN SERVICES COMMITTEE: 5-0, 4/21/15
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE JUDICIARY COMMITTEE: 6-0, 4/28/15
AYES: Jackson, Anderson, Hertzberg, Leno, Monning, Wieckowski
NO VOTE RECORDED: Moorlach
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Foster care: psychotropic medication
SOURCE: County Welfare Directors Association of California
National Center for Youth Law
DIGEST: This bill requires certification and training programs for foster parents, child welfare social workers, group home administrators, dependency court judges and court appointed council to include training on psychotropic medication, trauma, and behavioral health, as specified, for children receiving child welfare services. This bill requires the Judicial Council to update court forms pertaining to the authorization of psychotropic medication for foster youth, on or before July 1, 2016. Additionally, this bill requires the California Department of Social Services (CDSS) to develop an individualized monthly report, a form to share information, and an alert system, to be used by county child welfare agencies, about the administration of psychotropic medication for a foster youth.
Existing law:
Provides for the development of a group home administrator certification program by the CDSS in collaboration with specified stakeholders. Requires the certification program to include a minimum of 40 hours of classroom instruction and provide coverage of a specified uniform core of knowledge. (HSC 1522.41)
Requires licensed foster parents to complete a minimum of 12 hours of training covering specified topics prior to the placement of a foster child in the home, and eight hours annually subsequently. (HSC 1529.2)
Requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct hearings pursuant to Welfare and Institutions Code Section 300, pertaining to dependent children. (WIC 304.7)
Requires court-appointed counsel of a child or nonminor dependent to have specified training, promulgated by the Judicial Council as rules of the court, that ensures adequate representation of the child or nonminor dependent. (WIC 317)
Provides that only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent of the court and removed from the physical custody of his or her parent. Requires the Judicial Council to adopt rules of court and develop appropriate forms. (WIC 369.5)
Provides for the development of a statewide coordinated training program designed specifically to meet the needs of county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act. (WIC 16206)
This bill:
Requires the following trainings to additionally include the “authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medication, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.”
Group home administrator certification;
Initial preplacement training and post training of licensed foster parents;
Training required to be made available to relative and nonrelative extended family members;
Judicial Council-developed training for judges who conduct trainings pursuant to Welfare and Institutions Code Section 300;
Training of court-appointed counsel of a child or nonminor dependent; and
Training provided to specified county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act.
Requires the Judicial Council, on or before July 1, 2016, in consultation with CDSS, the Department of Health Care Services (DHCS), and specified stakeholders to implement and develop updates to the required forms pertaining to this bill.
Requires the above implementation and updates ensure the following:
The child and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed.
Information regarding the child’s overall behavioral health assessment and treatment plan is provided to the court.
Information regarding the rationale for the proposed medication, including information on other pharmacological and non-pharmacological treatments that have been utilized and the child’s response, and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms.
Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization, is not included in a request.
Requires the implementation updates to include a process for periodic oversight by the court, facilitated by the county social worker, public health nurse, or other appropriate county staff, of orders regarding the administration of psychotropic medication that includes specified information. Provides that oversight shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court.
Requires CDSS, in consultation with DHCS, the County Welfare Directors Association (CDWA) and other stakeholders to develop and provide an individualized monthly report to each county child welfare services agency that includes specified information for each child receiving child welfare services.
Requires CDSS in consultation with DHCS, CDWA and other stakeholders to develop a form to be used by a county child welfare services agency to share with the juvenile court, the child’s attorney, and the court-appointed special advocate, if one has been appointed, this information.
Requires CDSS in consultation with DHCS, CDWA and other stakeholders to develop, or ensure access to, a system that automatically alerts a social worker of a child receiving child welfare services when psychotropic medication has been prescribed in specified conditions.
Requires a child’s social worker, upon receipt of an alert, to indicate to the child’s attorney, the child’s caregiver, and an appointed court appointed special advocate, that the alert has been received and to include a discussion of the alert and its resolution in the next court report filed.
Background
Foster care training requirements. In 2003, federal law mandated states to develop and implement standardized statewide training for child welfare workers including specified curriculum. As a result of the federal legislation, the California Social Work Education Center, the Regional Training Academies and CDSS developed the Common Core Curricula with courses beginning in 2005.
Existing law additionally mandates foster parents to receive a minimum of 12 hours of foster parent training prior to placement of a foster child and a minimum of eight hours of post-placement training annually. Some counties require significantly more training as a condition of county licensure. These trainings are generally provided by California community colleges and in some counties by California State Universities under the Foster and Kinship Care Education Program initially established in 1984. Group home facility administrators are required to be certified through CDSS-developed and approved programs that include 40 hours of classroom instruction. Group home administrators are also required to renew their certification every two years through 40 hours of classroom or online instruction covering specified curriculum.
Existing law requires the Judicial Council to develop training standards for dependency court judges and dependency attorneys, providing the Judicial Council with broad discretion to define the scope of the training. California Rules of Court, Rule 5.660 requires attorneys to complete a minimum of eight hours of initial training or education in the area of juvenile dependency, or have sufficient recent experience in dependency proceedings, and to also complete at least eight hours of continuing education every three years. Rule 5.660 requires the superior court of each county to amend its local rules, and many local courts have established training requirements far exceeding the minimum requirements.
Psychotropic Medication Use in Children. Concern over the use of psychotropic medications among children has been well-documented in research journals and the mainstream media for more than a decade. According to a study published in 2011, children who took antipsychotic medications were likely to suffer ill health effects including “cardiometabolic and endocrine side-effects” as well as significant weight gain. The authors recommended that collaboration between child and adolescent psychiatrists, general practitioners and pediatricians is essential to “reduce the likelihood of premature cardiovascular morbidity and mortality.”
Court oversight mechanisms. SB 543 (Bowen, Chapter 552, Statutes of 1999) mandated that, once a child has been adjudged a dependent of the state, only the court may authorize psychotropic medications for the child, based on a request from a physician that includes the following:
The reasons for the request;
A description of the child’s diagnosis and behavior;
The expected results of the medication; and
A description of any side effects of the medication.
In accordance with this statute, the Administrative Office of the Courts established a series of court documents generally referred to as “the” JV-220, which includes a statement completed and signed by the prescribing physician that includes the child’s diagnosis, relevant medical history, other therapeutic services, the medication to be administered, and the basis for the recommendation.
Oversight concerns. A broad range of stakeholders have expressed concerns with the efficacy of current oversight mechanisms citing the limited scope of information that is available on the JV-220 and a lack of access to medical experts able to assist in evaluating medical information. Further, due to frequent placement changes of dependent youth, important medical history may not accompany the youth such that prior, or current medication regimens, may not be disclosed to a judge, prescribing physician, social worker or caregiver. Additionally important information related to alternative non-pharmacological treatments that have (or have not) been tried may not be available and this important information is often left blank on the JV-220. Additionally, the JV-220 form has been criticized for offering little opportunity for input from the community of representatives and caregivers involved with the youth except to offer a short window of opportunity to formally object. Furthermore, the form does not include information related to medically important metabolic screenings.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
Potentially significant one-time costs (General Fund) for CDSS to develop the training component for licensed foster parents, group home administrators, relative and nonrelative extended family members, court-appointed counsel, child protective services staff, and mandated reporters.
One-time costs of $77,000 (GF - Trial Court Trust Fund) associated with Judicial Council’s updating of forms and rules of court.
One-time costs of $150,000 ($100,000 GF) for CDSS to develop the individualized report and associated form.
Unknown, but potentially major one-time costs potentially in the millions of dollars (GF) for CDSS to develop or ensure access to a system that automatically alerts social workers when psychotropic medication has been prescribed to youth, subject to specified conditions.
Major costs potentially in the low millions of dollars (GF) annually for increased costs incurred by county social workers, public health nurses, and other county staff for time to attend additional training, complete more comprehensive court forms, respond to automatic alerts, provide notifications, and provide additional follow-up.
County Welfare Directors Association of California (co-source)
National Center for Youth Law (co-source)
Advokids
Alameda County Foster Youth Alliance
California Alliance of Child and Family Services
California Court Appointed Special Advocates
California State Association of Counties
Children’s Advocacy Institute
Children’s Partnership
Dependency Legal Group of San Diego
First Focus Campaign for Children
Humboldt County Transition Age You Collaboration
Legal Advocates for Children and Youth
Peers Envisioning and Engaging in Recovery Services
Public Counsel’s Children’s Rights Project
Santa Clara County Board of Supervisors
Urban Counties Caucus
Youth Law Center
9 individuals
OPPOSITION: (Verified 5/29/15)
None received
ARGUMENTS IN SUPPORT: The County Welfare Directors Association, a sponsor of the bill, states that “recent reports indicating that psychotropic medications are over-prescribed in the child welfare system have prompted a needed look at the procedures by which those medications are authorized and overseen. The children we serve have experienced severe trauma that often warrants behavioral health services such as trauma-informed therapy and other targeted treatments. We believe it is appropriate for some children to receive medication, when thoughtfully prescribed, as part of an overall treatment plan that includes non-pharmacological interventions, as well. With those medications, however, must come oversight to ensure that the treatment plan is in place and that children are responding well to the authorized medications.”
Prepared by: Sara Rogers / HUMAN S. / (916) 651-1524
6/2/15 16:39:56
**** END ****
SB 238 (Mitchell) Page 6 of 6
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 238 (Mitchell) - Foster care: psychotropic medication
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|
Version: April 7, 2015 |
Policy Vote: HUMAN S. 5 - 0, JUD. 6 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: May 28, 2015 |
Consultant: Jolie Onodera |
SUSPENSE FILE. AS AMENDED.
Bill Summary:
SB 238 would require additional training, oversight, and data collection and reporting by specified entities involved in the process of the administration of psychotropic medication in the foster care system. This bill would require the Judicial Council, on or before July 1, 2016, in consultation with various stakeholders, to develop updates to the forms required to implement the bill’s provisions, as specified.
Fiscal Impact (as approved May 28, 2015):
Training development: Potentially significant one-time costs (General Fund) to DSS for the development of the training component for licensed foster parents, group home administrators, relative and nonrelative extended family members, court-appointed counsel, child protective services staff, and mandated reporters.
Judicial Council Forms/Updates: One-time costs of $77,000 (General Fund*).
Individualized report: One-time costs of $150,000 ($100,000 General Fund) for DSS to develop the report and associated form, to the extent DSS and DHCS are able to utilize pre-existing data from their respective databases to develop the report.
Automatic alert system: Unknown, but potentially major one-time costs potentially in the millions of dollars (General Fund) for DSS to develop or ensure access to a system that automatically alerts social workers when psychotropic medication has been prescribed to youth, subject to specified conditions.
Child welfare services: Major costs potentially in the low millions of dollars (General Fund**) annually for increased costs incurred by county social workers, public health nurses, and other county staff for time to attend additional training, complete more comprehensive court forms, respond to automatic alerts, provide notifications, and provide additional follow-up.
Proposition 30**: Exempts the State from mandate reimbursement for realigned programs, however, legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs, including child welfare services, apply to local agencies only to the extent that the State provides annual funding for the cost increase.
*Trial Court Trust Fund
Background:
Existing law provides that only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent of the court and removed from the physical custody of his or her parent. Existing law also requires the Judicial Council to adopt rules of court and develop appropriate forms. (Welfare and Institutions Code § 369.5.)
Pursuant to Rule of Court 5.640, the prescribing physician is required to complete and submit an application to the court, known as the “JV-220” form. The JV-220 requires the inclusion of specific information, including: (1) the child’s diagnosis; (2) the specific medication with the recommended maximum daily dosage and length of time this course of treatment will continue; (3) the anticipated benefits to the child from the use of the medication; (4) a list of any other medications, prescription or otherwise, that the child is currently taking, and a description of any effect these medications may produce in combination with the psychotropic medication; and (5) a statement that the child has been informed in an age-appropriate manner of the recommended course of treatment, the basis for it, and its possible results. The court is required, upon review of the JV-220, to deny, grant, or modify the application for authorization of psychotropic medication within seven days, or to set the matter for hearing. The court may also set a date for review of the child’s progress and condition.
As noted in the recent analysis of this measure by the Senate Committee on Judiciary (April 28, 2015):
Governing magazine recently noted that children in the United States are on drugs for longer and more often than kids in any other country. (Chris Kardish, Bad Medicine: How states are overmedicating low-income kids, Governing, March 2015.) Much of the concern stems from the fact that the long-term effects of psychotropic drugs on children are unknown, and the short term effects, including obesity, diabetes, and tremors, can be debilitating. Yet, many medical and child welfare professionals agree that some foster youth may benefit from these medications at some point in their lives. These children, who have suffered abuse and neglect at the hands of family, often have clinically significant emotional or behavioral problems. However, when psychotropic medications are prescribed to a foster child whose parent has been found, at least temporarily, unfit to approve the administration of the drugs, the question arises as to whether the court is capable of making the important inquiries that a parent should make before administering any medication to his or her child. (p.2)
Proposed Law:
This bill would provide for various reforms to the process of the administration of psychotropic medication in the foster care system by requiring additional training, oversight, and data collection, as specified. This bill would require the Judicial Council, in consultation with various stakeholders, to implement the provisions of this bill. Specifically, this bill:
Requires trainings for the following groups to additionally include the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medication, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments:
Group home administrator certification;
Initial pre-placement training of licensed foster parents;
Post-training of licensed foster parents;
Training required to be made available to relative and nonrelative extended family members through community college districts;
Judicial Council-developed training for dependency judges;
Training of court-appointed counsel of a child or nonminor dependent;
Training provided to specified county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as mandated reporters pursuant to the Child Abuse and Neglect Reporting Act.
Requires the Judicial Council, on or before July 1, 2016, in consultation with DSS, the Department of Health Care Services (DHCS), and specified stakeholders to implement and develop updates to the required forms pertaining to this bill.
Requires a process for periodic oversight by the court, that is to be facilitated by the county social worker, public health nurse, or other appropriate county staff, of orders regarding the administration of psychotropic medications that includes the following:
The child and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed;
Information regarding the child’s overall behavioral health assessment and treatment plan is provided to the court;
Information regarding the rationale for the proposed medication, including information on other pharmacological and non-pharmacological treatments that have been utilized and the child’s response, and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms;
Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization, is not included in a request.
Requires DSS, in consultation with DHCS, the County Welfare Directors Association (CWDA) and other stakeholders to develop and provide an individualized monthly report to each county child welfare services agency that includes the following for each child receiving child welfare services:
Psychotropic medications that have been authorized for the child by the court;
Data for medications that have been dispensed to the child, including both psychotropic and non-psychotropic medication;
Durational information relating to the child’s authorized psychotropic medication, including, but not limited to, the length of time a medication has been authorized and the length of time for which a medication has been dispensed by a pharmacy;
Claims paid for behavioral health services provided to the child, other than claims paid for psychotropic medication; and
The dosages of psychotropic medications that have been authorized for the child and that have been dispensed.
Requires DSS, in consultation with DHCS, CDWA and other stakeholders, to develop a form, to be used by a county child welfare services agency on a monthly basis, to share with the juvenile court, the child’s attorney, and the court-appointed special advocate, if one has been appointed, the above information regarding a child receiving child welfare services authorized to receive one or more psychotropic medication.
Requires DSS in consultation with DHCS, CWDA, and other stakeholders to develop, or ensure access to, a system that automatically alerts a social worker of a child receiving child welfare services when psychotropic medication has been prescribed that fits the following descriptions:
Is prescribed in combination with another psychotropic medication and the combination is unusual or has the potential for a dangerous interaction;
Is prescribed in a dosage that is unusual for a child of that age; and
Is not typically indicated for a child of that age.
Requires a child’s social worker, upon receipt of an alert, to indicate to the court that the alert has been received by the child’s attorney, the child’s caregiver, and the child’s court appointed special advocate, if one has been appointed
Related Legislation:
SB 253 (Monning) 2015 provides that an order of the juvenile court authorizing psychotropic medication shall require clear and convincing evidence of specified conditions. This bill prohibits the authorization of psychotropic medications without a second independent medical opinion under specified circumstances. It also prohibits the authorization of psychotropic medications unless the court is provided documentation that appropriate lab screenings, measurements, or tests have been completed, as specified. This bill is pending hearing in this Committee.
SB 484 (Beall) 2015 requires the CDSS to publish and make available to interested persons specified information regarding the administration of psychotropic medication in residential facilities serving dependent children. Additionally, it requires DSS to inspect facilities at least once per year, as specified, if the facility is determined to have a higher than average rate of psychotropic medication authorization for children residing in the facility and to monitor corrective action plans, as specified. This bill is pending hearing in this Committee.
SB 319 (Beall) 2015 expands the duties of the foster care public health nurse (PHN) to include monitoring and oversight of the administration of psychotropic medication to foster children, as specified. It also requires counties to provide child welfare PHN services by contracting with the community child health and disability prevention program established by the county. This bill is pending hearing in this Committee.
Staff Comments:
The Judicial Council has indicated three major costs points associated with the provisions of this bill upon the trial courts and the judicial branch: updating and creating rules of court and forms to update provisions related to the prescription of psychotropic medications ($77,000 one-time); document management associated with the “sharing” of specified information on a monthly basis regarding an individual child receiving child welfare services ($1.6 million annually); and training for judicial officers who are authorized to make orders regarding the administration of psychotropic medications for a dependent child or ward who has been removed from the physical custody of his or her parent ($6,000 one-time for training development).
Staff notes that the mandated periodic oversight process to be facilitated by social workers, public health nurses, or other county staff would also increase trial court workload, the magnitude of which would be dependent on the frequency and duration of the “periodic” oversight prescribed in the adopted rules of court.
This bill imposes new duties on the DSS as detailed above in the “Proposed Law” section of this analysis. The DSS would incur one-time, potentially significant workload for the development of the training component to be completed in consultation with various stakeholders. It is estimated that DSS would incur potentially moderate one-time costs in the low hundreds of thousands of dollars to develop the individualized monthly report and associated form. This estimated cost assumes DSS and DHCS are able to utilize pre-existing data from their respective databases to develop the report. It is estimated that the one-time cost to DSS to develop, or ensure access to, a system that automatically alerts a social worker of a child receiving child welfare services when psychotropic medication has been prescribed, could be substantial, potentially in excess of several million dollars. There would likely be additional costs for ongoing maintenance and operation of the system.
This bill imposes activities on social workers, public health nurses, and other county staff that could significantly increase the time associated with the provision of child welfare services for this population of youth. Potential workload increases could be incurred by county social workers, public health nurses, and other county staff for various activities, including time to attend additional training, complete more comprehensive court forms, facilitate periodic oversight hearings, respond to automatic alerts, provide notifications, and provide additional follow-up. While the magnitude of workload required to meet the mandates in this bill are unknown at this time, for context, even two additional hours per month of social worker time for the 6,100 youth authorized to receive psychotropic medications would result in costs of over $10.7 million.
Proposition 30, passed by the voters in November 2012, among other provisions, eliminated any potential mandate funding liability for any new program or higher level of service provided by counties related to realigned programs. Although the provisions of this bill are a mandate on local agencies, any increased costs would not be subject to reimbursement by the state. Rather, Proposition 30 specifies that for legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for realigned programs such as child welfare services, the provisions shall apply to local agencies only to the extent that the state provides annual funding for the cost increase.
While the potential costs of this measure are substantial, the provision of increased system-wide training, monitoring, and oversight over the process of the prescription of psychotropic medications would promote further protection of the health and well-being of youth in the child welfare system, and ultimately result in more positive long-term outcomes for these youth.
Author amendments (as adopted May 28, 2015):
Clarify the periodic oversight process shall be conducted in conjunction with the regularly scheduled court hearings and reports, as specified.
Remove the requirement that a county welfare services agency use the individualized form generated for children authorized to receive psychotropic medications on a monthly basis.
Clarify that the information to be shared with courts shall be shared in conjunction with reports prepared for regularly scheduled court hearings, and information to a child’s attorney and CASA shall be shared initially for each child and subsequently only when information changes.
Deletes the requirement that a social worker notify the court upon receipt of an electronic alert, as specified.
-- END --
SB 238 (Mitchell) Page 6 of 6
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 238 (Mitchell) - Foster care: psychotropic medication
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|
Version: April 7, 2015 |
Policy Vote: HUMAN S. 5 - 0, JUD. 6 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: May 11, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 238 would require additional training, oversight, and data collection and reporting by specified entities involved in the process of the administration of psychotropic medication in the foster care system. This bill would require the Judicial Council, on or before July 1, 2016, in consultation with various stakeholders, to develop updates to the forms required to implement the bill’s provisions, as specified.
Fiscal Impact:
Training development: Potentially significant one-time costs (General Fund) to DSS for the development of the training component for licensed foster parents, group home administrators, relative and nonrelative extended family members, court-appointed counsel, child protective services staff, and mandated reporters.
Periodic oversight: Annual costs to the courts of $1.6 million (General Fund*) for workload associated with document management of monthly reports. Associated costs for county workers are noted under ‘Child Welfare Services’. Staff notes costs would be dependent on the meaning of “periodic,” which is undefined in the bill but assumed to be specified in the rules of court to be adopted by the Judicial Council.
Judicial Council Forms/Updates: One-time costs of $77,000 (General Fund*).
Individualized monthly report: Potentially moderate one-time costs in the low hundreds of thousands of dollars (General Fund) for DSS to develop the monthly report and associated form, to the extent DSS and DHCS are able to utilize pre-existing data from their respective databases to develop the report.
Automatic alert system: Unknown, but potentially major one-time costs potentially in the millions of dollars (General Fund) for DSS to develop or ensure access to a system that automatically alerts social workers when psychotropic medication has been prescribed to youth, subject to specified conditions.
Child welfare services: Major costs potentially in the tens of millions of dollars (General Fund**) annually for increased costs incurred by county social workers, public health nurses, and other county staff for time to attend additional training, complete more comprehensive court forms, facilitate periodic oversight hearings, respond to automatic alerts, provide notifications, and provide additional follow-up. While the magnitude of workload required to meet the mandates in this bill are unknown at this time, for context, even two additional hours per month of social worker time for the 6,100 youth authorized to receive psychotropic medications would result in costs of over $10.7 million.
Proposition 30**: Exempts the State from mandate reimbursement for realigned programs, however, legislation that has an overall effect of increasing the costs already borne by a local agency for realigned programs, including child welfare services, apply to local agencies only to the extent that the State provides annual funding for the cost increase.
*Trial Court Trust Fund
Background:
Existing law provides that only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent of the court and removed from the physical custody of his or her parent. Existing law also requires the Judicial Council to adopt rules of court and develop appropriate forms. (Welfare and Institutions Code § 369.5.)
Pursuant to Rule of Court 5.640, the prescribing physician is required to complete and submit an application to the court, known as the “JV-220” form. The JV-220 requires the inclusion of specific information, including: (1) the child’s diagnosis; (2) the specific medication with the recommended maximum daily dosage and length of time this course of treatment will continue; (3) the anticipated benefits to the child from the use of the medication; (4) a list of any other medications, prescription or otherwise, that the child is currently taking, and a description of any effect these medications may produce in combination with the psychotropic medication; and (5) a statement that the child has been informed in an age-appropriate manner of the recommended course of treatment, the basis for it, and its possible results. The court is required, upon review of the JV-220, to deny, grant, or modify the application for authorization of psychotropic medication within seven days, or to set the matter for hearing. The court may also set a date for review of the child’s progress and condition.
As noted in the recent analysis of this measure by the Senate Committee on Judiciary (April 28, 2015):
Governing magazine recently noted that children in the United States are on drugs for longer and more often than kids in any other country. (Chris Kardish, Bad Medicine: How states are overmedicating low-income kids, Governing, March 2015.) Much of the concern stems from the fact that the long-term effects of psychotropic drugs on children are unknown, and the short term effects, including obesity, diabetes, and tremors, can be debilitating. Yet, many medical and child welfare professionals agree that some foster youth may benefit from these medications at some point in their lives. These children, who have suffered abuse and neglect at the hands of family, often have clinically significant emotional or behavioral problems. However, when psychotropic medications are prescribed to a foster child whose parent has been found, at least temporarily, unfit to approve the administration of the drugs, the question arises as to whether the court is capable of making the important inquiries that a parent should make before administering any medication to his or her child. (p.2)
Proposed Law:
This bill would provide for various reforms to the process of the administration of psychotropic medication in the foster care system by requiring additional training, oversight, and data collection, as specified. This bill would require the Judicial Council, in consultation with various stakeholders, to implement the provisions of this bill. Specifically, this bill:
Requires trainings for the following groups to additionally include the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medication, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments:
Group home administrator certification;
Initial pre-placement training of licensed foster parents;
Post-training of licensed foster parents;
Training required to be made available to relative and nonrelative extended family members through community college districts;
Judicial Council-developed training for dependency judges;
Training of court-appointed counsel of a child or nonminor dependent;
Training provided to specified county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as mandated reporters pursuant to the Child Abuse and Neglect Reporting Act.
Requires the Judicial Council, on or before July 1, 2016, in consultation with DSS, the Department of Health Care Services (DHCS), and specified stakeholders to implement and develop updates to the required forms pertaining to this bill.
Requires a process for periodic oversight by the court, that is to be facilitated by the county social worker, public health nurse, or other appropriate county staff, of orders regarding the administration of psychotropic medications that includes the following:
The child and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed;
Information regarding the child’s overall behavioral health assessment and treatment plan is provided to the court;
Information regarding the rationale for the proposed medication, including information on other pharmacological and non-pharmacological treatments that have been utilized and the child’s response, and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms;
Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization, is not included in a request.
Requires DSS, in consultation with DHCS, the County Welfare Directors Association (CWDA) and other stakeholders to develop and provide an individualized monthly report to each county child welfare services agency that includes the following for each child receiving child welfare services:
Psychotropic medications that have been authorized for the child by the court;
Data for medications that have been dispensed to the child, including both psychotropic and non-psychotropic medication;
Durational information relating to the child’s authorized psychotropic medication, including, but not limited to, the length of time a medication has been authorized and the length of time for which a medication has been dispensed by a pharmacy;
Claims paid for behavioral health services provided to the child, other than claims paid for psychotropic medication; and
The dosages of psychotropic medications that have been authorized for the child and that have been dispensed.
Requires DSS, in consultation with DHCS, CDWA and other stakeholders, to develop a form, to be used by a county child welfare services agency on a monthly basis, to share with the juvenile court, the child’s attorney, and the court-appointed special advocate, if one has been appointed, the above information regarding a child receiving child welfare services authorized to receive one or more psychotropic medication.
Requires DSS in consultation with DHCS, CWDA, and other stakeholders to develop, or ensure access to, a system that automatically alerts a social worker of a child receiving child welfare services when psychotropic medication has been prescribed that fits the following descriptions:
Is prescribed in combination with another psychotropic medication and the combination is unusual or has the potential for a dangerous interaction;
Is prescribed in a dosage that is unusual for a child of that age; and
Is not typically indicated for a child of that age.
Requires a child’s social worker, upon receipt of an alert, to indicate to the court that the alert has been received by the child’s attorney, the child’s caregiver, and the child’s court appointed special advocate, if one has been appointed
Related Legislation:
SB 253 (Monning) 2015 provides that an order of the juvenile court authorizing psychotropic medication shall require clear and convincing evidence of specified conditions. This bill prohibits the authorization of psychotropic medications without a second independent medical opinion under specified circumstances. It also prohibits the authorization of psychotropic medications unless the court is provided documentation that appropriate lab screenings, measurements, or tests have been completed, as specified. This bill is pending hearing in this Committee.
SB 484 (Beall) 2015 requires the CDSS to publish and make available to interested persons specified information regarding the administration of psychotropic medication in residential facilities serving dependent children. Additionally, it requires DSS to inspect facilities at least once per year, as specified, if the facility is determined to have a higher than average rate of psychotropic medication authorization for children residing in the facility and to monitor corrective action plans, as specified. This bill is pending hearing in this Committee.
SB 319 (Beall) 2015 expands the duties of the foster care public health nurse (PHN) to include monitoring and oversight of the administration of psychotropic medication to foster children, as specified. It also requires counties to provide child welfare PHN services by contracting with the community child health and disability prevention program established by the county. This bill is pending hearing in this Committee.
Staff Comments:
The Judicial Council has indicated three major costs points associated with the provisions of this bill upon the trial courts and the judicial branch: updating and creating rules of court and forms to update provisions related to the prescription of psychotropic medications ($77,000 one-time); document management associated with the “sharing” of specified information on a monthly basis regarding an individual child receiving child welfare services ($1.6 million annually); and training for judicial officers who are authorized to make orders regarding the administration of psychotropic medications for a dependent child or ward who has been removed from the physical custody of his or her parent ($6,000 one-time for training development).
Staff notes that the mandated periodic oversight process to be facilitated by social workers, public health nurses, or other county staff would also increase trial court workload, the magnitude of which would be dependent on the frequency and duration of the “periodic” oversight prescribed in the adopted rules of court.
This bill imposes new duties on the DSS as detailed above in the “Proposed Law” section of this analysis. The DSS would incur one-time, potentially significant workload for the development of the training component to be completed in consultation with various stakeholders. It is estimated that DSS would incur potentially moderate one-time costs in the low hundreds of thousands of dollars to develop the individualized monthly report and associated form. This estimated cost assumes DSS and DHCS are able to utilize pre-existing data from their respective databases to develop the report. It is estimated that the one-time cost to DSS to develop, or ensure access to, a system that automatically alerts a social worker of a child receiving child welfare services when psychotropic medication has been prescribed, could be substantial, potentially in excess of several million dollars. There would likely be additional costs for ongoing maintenance and operation of the system.
This bill imposes activities on social workers, public health nurses, and other county staff that could significantly increase the time associated with the provision of child welfare services for this population of youth. Potential workload increases could be incurred by county social workers, public health nurses, and other county staff for various activities, including time to attend additional training, complete more comprehensive court forms, facilitate periodic oversight hearings, respond to automatic alerts, provide notifications, and provide additional follow-up. While the magnitude of workload required to meet the mandates in this bill are unknown at this time, for context, even two additional hours per month of social worker time for the 6,100 youth authorized to receive psychotropic medications would result in costs of over $10.7 million.
Proposition 30, passed by the voters in November 2012, among other provisions, eliminated any potential mandate funding liability for any new program or higher level of service provided by counties related to realigned programs. Although the provisions of this bill are a mandate on local agencies, any increased costs would not be subject to reimbursement by the state. Rather, Proposition 30 specifies that for legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for realigned programs such as child welfare services, the provisions shall apply to local agencies only to the extent that the state provides annual funding for the cost increase.
While the potential costs of this measure are substantial, the provision of increased system-wide training, monitoring, and oversight over the process of the prescription of psychotropic medications would promote further protection of the health and well-being of youth in the child welfare system, and ultimately result in more positive long-term outcomes for these youth.
-- END --
SB 238 (Mitchell)
Page 9 of 9
Senator Hannah-Beth Jackson, Chair
2015 - 2016 Regular Session
SB 238 (Mitchell)
Version: April 7, 2015
Hearing Date: April 28, 2015
Fiscal: Yes
Urgency: No
NR
SUBJECT
Foster care: psychotropic medication
DESCRIPTION
This bill would require certification and training programs for group home administrators, foster parents, child welfare social workers, dependency court judges, and court appointed counsel to include training on psychotropic medication, trauma, and behavioral health, as specified, for children receiving child welfare services. This bill would require the Judicial Council to update court forms pertaining to the authorization of psychotropic medication for foster youth and ensure specified changes are made to those forms, on or before July 1, 2016.
This bill would also require the California Department of Social Services to develop an individualized monthly report, a form to share information and an alert system, to be used by county child welfare agencies, regarding the administration of psychotropic medication for a foster youth.
BACKGROUND
In 1999, the Legislature passed SB 543 (Bowen, Ch. 552, Stats. 1999), which provided that only a juvenile court judicial officer has the authority to make orders regarding the administration of psychotropic medications for foster youth. SB 543 also provided that the juvenile court may issue a specific order delegating this authority to a parent if the parent poses no danger to the child and has the capacity to authorize psychotropic medications. This legislation was passed in response to concerns that foster children were being subjected to excessive use of psychotropic medication, and that judicial oversight was needed to reduce the risk of unnecessary medication. The Judicial Council was required to adopt rules of court to implement the new requirement. Accordingly, Rule 5.640 specifies the process for juvenile courts to follow in authorizing the administration of psychotropic medications and permits courts to adopt local rules for the courts to use to further refine the approval process.
In 2004, the provisions of SB 543 were amended by AB 2502 (Keene, Ch. 329, Stats. of 2004), which required a judicial officer to approve or deny, in writing, a request for authorization to administer psychotropic medication, or set the matter for hearing, within seven days. This amendment was intended to ensure timely consideration of requests for authorization to administer psychotropic medication to dependent children.
Despite these measures, concerns remain that psychotropic medication is overused and underreported in the child welfare system. A recent Los Angeles Times article reported that “Los Angeles County’s 2013 accounting failed to report almost one in three cases of children on the drugs while in foster care or the custody of the delinquency system. The data show that along with the 2,300 previously acknowledged cases, an additional 540 foster children and 516 children in the delinquency system were given the drugs. There are 18,000 foster children and 1,000 youth in the juvenile delinquency system altogether. … State data analysts discovered the additional cases of medicated children by comparing case notes of social workers and probation officers with billing records for the state’s Medi-Cal system. The billing records for those additional children did not appear to have corresponding case notes, leaving child advocates concerned that the drugs may have been prescribed without appropriate approval.”
The high rate of psychotropic usage is not limited to Los Angeles County – it is a national issue. Governing magazine recently noted that children in the United States are on drugs for longer and more often than kids in any other country. (Chris Kardish, Bad Medicine: How states are overmedicating low-income kids, Governing, March 2015.) Much of the concern stems from the fact that the long-term effects of psychotropic drugs on children are unknown, and the short term effects, including obesity, diabetes, and tremors, can be debilitating. Yet, many medical and child welfare professionals agree that some foster youth may benefit from these medications at some point in their lives. These children, who have suffered abuse and neglect at the hands of family, often have clinically significant emotional or behavioral problems. However, when psychotropic medications are prescribed to a foster child whose parent has been found, at least temporarily, unfit to approve the administration of the drugs, the question arises as to whether the court is capable of making the important inquiries that a parent should make before administering any medication to his or her child.
This comprehensive bill seeks to address the issues related to the administration psychotropic drugs in the foster system by requiring additional training, oversight, and data collection by caregivers, courts, counties, and social workers. This bill would require the Judicial Council, in consultation with other specified groups, to implement the provisions of this bill, as specified.
CHANGES TO EXISTING LAW
Existing law provides for the development of a group home administrator certification program by the California Department of Social Services (CDSS) in collaboration with specified stakeholders to ensure certified persons have appropriate training to provide care and services. Existing law also requires the certification program to include a minimum of 40 hours of classroom instruction and provide coverage of a specified uniform core of knowledge. (Health & Saf. Code Sec. 1522.41.)
Existing law requires every licensed foster parent to complete a minimum of 12 hours of foster parent training covering specified topics prior to the placement of a foster child in the home, and eight hours each year thereafter. (Health & Saf. Code Sec. 1529.2.)
Existing law requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct hearings pursuant to Welfare and Institutions Code Section 300, pertaining to dependent children. (Welf. & Inst. Code Sec. 304.7.)
Existing law requires court appointed counsel of a child or nonminor dependent to have specified training, promulgated by the Judicial Council as rules of the court that ensures adequate representation of the child or nonminor dependent. (Welf. & Inst. Code Sec. 317.)
Existing law provides that only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent of the court and removed from the physical custody of his or her parent. Existing law also requires the Judicial Council to adopt rules of court and develop appropriate forms. (Welf. & Inst. Code Sec. 369.5.)
Existing law provides for the development of a statewide coordinated training program designed specifically to meet the needs of county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act. (Welf. & Inst. Code Sec. 16206.)
This bill requires trainings for the following groups to additionally include the authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medication, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments:
group home administrator certification;
initial pre-placement training of licensed foster parents;
post training of licensed foster parents;
training required to be made available to relative and nonrelative extended family members;
Judicial Council-developed training for dependency judges;
training of court appointed counsel of a child or nonminor dependent; and
training provided to specified county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act.
This bill would require the Judicial Council, on or before July 1, 2016, in consultation with CDSS, the Department of Health Care Services (DHCS), and specified stakeholders to implement and develop updates to the required forms pertaining to this bill.
This bill would require the above implementation and updates to ensure the following:
the child and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed;
information regarding the child’s overall behavioral health assessment and treatment plan is provided to the court;
information regarding the rationale for the proposed medication, including information on other pharmacological and non-pharmacological treatments that have been utilized and the child’s response, and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms; and
guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization, is not included in a request.
This bill would require CDSS, in consultation with DHCS, the County Welfare Directors Association (CDWA) and other stakeholders to develop and provide an individualized monthly report to each county child welfare services agency that includes the following for each child receiving child welfare services:
psychotropic medications that have been authorized for the child by the court;
data for medications that have been dispensed to the child, including both psychotropic and non-psychotropic medication;
durational information relating to the child’s authorized psychotropic medication, including, but not limited to, the length of time a medication has been authorized and the length of time for which a medication has been dispensed by a pharmacy;
claims paid for behavioral health services provided to the child, other than claims paid for psychotropic medication; and
the dosages of psychotropic medications that have been authorized for the child and that have been dispensed.
This
bill would require CDSS,
in consultation with DHCS, CDWA and other stakeholders, to develop a
form, to be used by a county child welfare services agency on a
monthly basis, to share with the juvenile court, the child’s
attorney, and the court-appointed special advocate, if one has been
appointed, the above information regarding a child receiving child
welfare services authorized to receive one or more psychotropic
medication.
This bill would require CDSS in consultation with DHCS, CDWA and other stakeholders to develop, or ensure access to, a system that automatically alerts a social worker of a child receiving child welfare services when psychotropic medication has been prescribed that fits the following descriptions:
is prescribed in combination with another psychotropic medication and the combination is unusual or has the potential for a dangerous interaction;
is prescribed in a dosage that is unusual for a child of that age; and
is not typically indicated for a child of that age.
This bill would require a child’s social worker, upon receipt of an alert, to indicate to the court that the alert has been received by the child’s attorney, the child’s caregiver, and the child’s court appointed special advocate, if one has been appointed, and to include a discussion of the resolution of the alert in the next court report filed.
COMMENT
Stated need for the bill
According to the author:
Recent newspaper articles have highlighted the use and overuse of psychotropic medications in foster care facilities. Reports provided by the Department of Health Care Services and the Department of Social Services are limited in providing needed information to determine how psychotropic medicine is being provided and distributed. The goal of this legislation is to develop and review data, to develop a system of flags, to improve county reporting and to establish further consultation/second opinion options for cases in which psychotropic medications and/or antidepressants are being prescribed for a foster youth.
Better monitoring of psychotropic medication in foster care
Under existing law, only the court may authorize the use of psychotropic medication for any child in the dependency system. Rules of Court require the prescribing physician to complete and submit an application to the court, known as the “JV-220” form. The JV-220 requires the inclusion of specific information, including: (1) the child’s diagnosis; (2) the specific medication with the recommended maximum daily dosage and length of time this course of treatment will continue; (3) the anticipated benefits to the child from the use of the medication; (4) a list of any other medications, prescription or otherwise, that the child is currently taking, and a description of any effect these medications may produce in combination with the psychotropic medication; and (5) a statement that the child has been informed in an age-appropriate manner of the recommended course of treatment, the basis for it, and its possible results. The court is required, upon review of the JV-220, to deny, grant, or modify the application for authorization of psychotropic medication within seven days, or to set the matter for hearing. The court may also set a date for review of the child’s progress and condition. (See Cal. Rule Ct. Sec. 5.640 and Welf. & Inst. Code Sec. 369.5.)
Supporters of this bill argue that courts are often not being provided with the full story. Upon reviewing a JV-220, a judge may have no indication that the child is already on psychotropic medication, what a proper dosage for a child is, or what less invasive alternatives are available. Supporters further assert that the existing rule, which sets arguably loose parameters and includes no considerations that the court must take into account when evaluating a JV-220, is too broad for judges and courts that may lack the tools to properly evaluate medical recommendations and are overburdened with unmanageable caseloads. In addition, the current process does not offer any meaningful way for other adults, caretakers, or those who interact with a foster child on a regular basis, to contribute information to a physician’s recommendation.
Accordingly, this bill would ensure that a child, his or her caregiver, and his or her court appointed special advocate have an opportunity to provide input to the court on the medications being prescribed. This bill would further require that the court is provided with the tools to properly analyze the authorization request, and that the court monitor the child’s progress by way of periodic oversight facilitated by the social worker, public health nurse, or other appropriate county staff. The County Welfare Directors Association, a sponsor of the bill, states that “recent reports indicating that psychotropic medications are over-prescribed in the child welfare system have prompted a needed look at the procedures by which those medications are authorized and overseen. The children we serve have experienced severe trauma that often warrants behavioral health services such as trauma-informed therapy and other targeted treatments. We believe it is appropriate for some children to receive medication, when thoughtfully prescribed as part of an overall treatment plan that includes non-pharmacological interventions, as well. With those medications, however, must come oversight to ensure that the treatment plan is in place and that children are responding well to the authorized medications.”
Training and education on psychotropic medication for those adults who are entrusted with the safety and care of foster youth
This bill would require the adults who provide care, protection, and services to foster children to receive training on the “authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medication, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.” The Youth Law Center agrees that this training is essential, and writes that they would support this bill if it were extended to include probation youth as well.
These adults, including, foster parents, relative and nonrelative extended family members, juvenile court judges, minor’s counsel, and specified social workers, are in a unique position to recognize and advocate for a child’s best interest. With the proper training, these adults may be able to recognize when a child is not responding properly to medication, and provide valuable information to assist the court in the oversight of a child’s treatment plan. Thus, the court will not be forced to rely on the opinion of the prescribing physician alone. This required education and training on the risks and uses of psychotropic drugs would arguably help the adults in a foster child’s life better assist the youth in achieving behavioral and emotional health.
Support: Advokids; Alameda County Foster Youth Alliance; California Court Appointed Special Advocates (CASA); California State Association of Counties; Children’s Advocacy Institute; Children’s Law Center; Dependency Legal Group of San Diego; First Focus Campaign for Children; Humboldt County Transition Age Youth Collaboration; John Burton Foundation; Legal Advocates for Children and Youth; National Center for Youth Law; Peers Envisioning and Engaging in Recovery Services; Public Counsel’s Children’s Rights Project; Urban Counties Caucus; 6 individuals
Opposition: None Known
HISTORY
Source: County Welfare Directors Association of California
Related Pending Legislation:
SB 253 (Monning) provides that an order of the juvenile court authorizing psychotropic medication shall require clear and convincing evidence of specified conditions. Furthermore this bill prohibits the authorization of psychotropic medications without a second independent medical opinion under specified circumstances. It also prohibits the authorization of psychotropic medications unless the court is provided documentation that appropriate lab screenings, measurements, or tests have been completed, as specified. Furthermore it requires the court, no later than 45 days following an authorization for psychotropic medication, to conduct a review to determine specified information regarding the efficacy of the child’s treatment plan.
SB 484 (Beall) requires the CDSS to publish and make available to interested persons specified information regarding the administration of psychotropic medication in residential facilities serving dependent children. Additionally, it requires CDSS to inspect facilities at least once per year, as specified, if the facility is determined to have a higher than average rate of psychotropic medication authorization for children residing in the facility and to monitor corrective action plans, as specified.
SB 319 (Beall) expands the duties of the foster care public health nurse to include monitoring and oversight of the administration of psychotropic medication to foster children, as specified. It also requires counties to provide child welfare public health nursing services by contracting with the community child health and disability prevention program established by the county.
Prior Legislation:
AB 3015 (Brownley, Chapter 557, Statutes of 2008) required training programs for group home administrators, licensed foster parents and relative caretakers to include basic instruction on the safety of foster youth at school and school environment anti- harassment protections.
AB 2675 (Strickland, Chapter 421, Statutes of 2006) permitted no more than half of the required 40-hour continuing education requirement to be satisfied through online courses.
AB 458 (Chu, Chapter 331, Statutes of 2003) established and required provider training regarding the right of foster children to fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, mental or physical disability, or HIV status.
AB 1694 (Committee on Human Services, Chapter 918, Statutes of 2002) required California Community Colleges that provide foster parent training programs to make those programs available to non-relative extended family members.
AB 2307 (Davis, Chapter 745, Statutes of 2000) required California Community Colleges that provide foster parent training programs to make those programs available to relative and kinship care providers.
SB 543 (Bowen, Chapter 552, Statutes of 1999) mandated that once a child has been adjudged a dependent of the state only the court may authorize psychotropic medications for the child, based on a request from a physician including specified information.
AB 3062 (Friedman, Chapter 1016, Statutes of 1996) mandated all foster parents to obtain pre-placement and post-placement training.
Prior Vote: Senate Human Services Committee (Ayes 5, Noes 0)
**************
SB 238 (Mitchell) Page 9 of 9
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: SB 238
Author: |
Mitchell |
||
Version: |
April 7, 2015 |
Hearing Date: |
April 21, 2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Sara Rogers |
||
Subject: Foster care: psychotropic medication
SUMMARY
This bill requires specified certification and training programs for group home administrators, foster parents, child welfare social workers, dependency court judges and court appointed council to include training on psychotropic medication, trauma, and behavioral health, as specified, for children receiving child welfare services. This bill requires the Judicial Council to update court forms pertaining to the authorization of psychotropic medication for foster youth and ensure specified changes to those forms, on or before July 1, 2016. Additionally, this bill requires the California Department of Social Services (CDSS) to develop an individualized monthly report, a form to share information and an alert system, to be used by county child welfare agencies, regarding the administration of psychotropic medication for a foster youth.
ABSTRACT
Existing law:
Provides for the development of a group home administrator certification program by the California Department of Social Services (CDSS) in collaboration with specified stakeholders to ensure certified persons have appropriate training to provide care and services. Requires the certification program to include a minimum of 40 hours of classroom instruction and provide coverage of a specified uniform core of knowledge. (HSC 1522.41)
Requires every licensed foster parent to complete a minimum of 12 hours of foster parent training covering specified topics prior to the placement of a foster child in the home, and eight hours annually subsequently. (HSC 1529.2)
Requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct hearings pursuant to Welfare and Institutions Code Section 300, pertaining to dependent children. (WIC 304.7)
Requires court appointed counsel of a child or nonminor dependent to have specified training, promulgated by the Judicial Council as rules of the court that ensures adequate representation of the child or nonminor dependent. (WIC 317)
Provides that only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent of the court and removed from the physical custody of his or her parent. Requires the Judicial Council to adopt rules of court and develop appropriate forms. (WIC 369.5)
Provides for the development of a statewide coordinated training program designed specifically to meet the needs of county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act. (WIC 16206)
This bill:
Requires the following trainings to additionally include the “authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medication, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.”
Group home administrator certification;
Initial preplacement training of licensed foster parents;
Post training of licensed foster parents;
Training required to be made available to relative and nonrelative extended family members;
Judicial Council-developed training for judges who conduct trainings pursuant to Welfare and Institutions Code Section 300;
Training of court appointed counsel of a child or nonminor dependent.
Training provided to specified county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act.
Requires the Judicial Council, on or before July 1, 2016, in consultation with CDSS, the Department of Health Care Services (DHCS), and specified stakeholders to implement and develop updates to the required forms pertaining to this bill.
Requires the above implementation and updates ensure the following:
The child and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed.
Information regarding the child’s overall behavioral health assessment and treatment plan is provided to the court.
Information regarding the rationale for the proposed medication, including information on other pharmacological and non-pharmacological treatments that have been utilized and the child’s response, and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms.
Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization, is not included in a request.
Requires CDSS, in consultation with DHCS, the County Welfare Directors Association (CDWA) and other stakeholders to develop and provide an individualized monthly report to each county child welfare services agency that includes the following for each child receiving child welfare services:
Psychotropic medications that have been authorized for the child pursuant to Welfare and Institutions Code Section 369.5.
Data for medications that have been dispensed to the child, including both psychotropic and non-psychotropic medication.
Durational information relating to the child’s authorized psychotropic medication, including but not limited to, the length of time a medication has been authorized and the length of time for which a medication has been dispensed by a pharmacy.
Claims paid for behavioral health services provided to the child, other than claims paid for psychotropic medication.
The dosages of psychotropic medications that have been authorized for the child and that have been dispensed.
Requires CDSS in consultation with DHCS, CDWA and other stakeholders to develop a form, to be used by a county child welfare services agency on a monthly basis, to share with the juvenile court, the child’s attorney, and the court-appointed special advocate, if one has been appointed, the above information regarding a child receiving child welfare services authorized to receive one or more psychotropic medication.
Requires CDSS in consultation with DHCS, CDWA and other stakeholders to develop, or ensure access to, a system that automatically alerts a social worker of a child receiving child welfare services when psychotropic medication has been prescribed that fits the following descriptions:
Is prescribed in combination with another psychotropic medication and the combination is unusual or has the potential for a dangerous interaction.
Is prescribed in a dosage that is unusual for a child of that age.
Is not typically indicated for a child of that age.
Requires a child’s social worker, upon receipt of an alert, to indicate to the court that the alert has been received by the child’s attorney, the child’s caregiver, and the child’s court appointed special advocate, if one has been appointed, and to include a discussion of the resolution of the alert in the next court report filed.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, recent newspaper articles have highlighted the use and overuse of psychotropic medications in foster care facilities. The author states that reports provided by the Department of Health Care Services (DHCS) and the Department of Social Services (CDSS) provide limited information needed to determine how psychotropic medicine is administered to foster youth. The author states that the goal of this legislation is to develop and review data, to develop a system of red flags, to improve county reporting and to establish further consultation/second opinion options for cases in which psychotropic medications and/or antidepressants are being prescribed for a foster youth.
The County Welfare Directors Association, a sponsor of the bill, states that “recent reports indicating that psychotropic medications are over-prescribed in the child welfare system have prompted a needed look at the procedures by which those medications are authorized and overseen. The children we serve have experienced severe trauma that often warrants behavioral health services such as trauma-informed therapy and other targeted treatments. We believe it is appropriate for some children to receive medication, when thoughtfully prescribed as part of an overall treatment plan that includes non-pharmacological interventions, as well. With those medications, however, must come oversight to ensure that the treatment plan is in place and that children are responding well to the authorized medications.”
Foster Care Training Requirements
In 2003, the Federal Child and Family Services Review mandated CDSS to develop and implement standardized statewide training for child welfare workers including specified curriculum. As a result of the federal legislation, the California Social Work Education Center, the Regional Training Academies and the CDSS developed the Common Core Curricula starting in 2004 with introduction of the courses in 2005.1
AB 3062 (Friedman, Chapter 1016, Statutes of 1996) mandated that all foster parents obtain education and training prior to a child’s placement and on an ongoing basis. Under current law, licensed or certified foster parents are required to receive a minimum of 12 hours of foster parent training prior to placement of a foster child in the home and are required to complete a minimum of eight hours of post-placement training annually. Some counties require significantly more training as a condition of county licensure. These trainings are generally provided by California community colleges and in some counties by California State Universities under the Foster and Kinship Care Education Program initially established in 1984.
Group home facility administrators are required to be certified through CDSS developed and approved programs that include 40 hours of classroom instruction. Group home administrators are further required to renew their certification every two years through 40 hours of classroom or online instruction. The required curriculum includes training in business operations; staff management and supervision; psychosocial, physical and educational needs of the facility residents; community and support services; administration, storage, misuse and interaction of medication used by facility residents; instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual and transgender youth in out-of-home care; non-violent emergency intervention and reporting requirements; basic admission, retention and assessment procedures including specified non-discrimination rights of a foster child; and school environment anti-harassment laws.
Existing law additionally requires the Judicial Council to develop training requirements for dependency court judges and dependency attorneys, providing the Council with broad discretion to define the scope of the training. California Rules of Court, Rule 5.660 requires attorneys to complete a minimum of eight hours of initial training or education in the area of juvenile dependency, or have sufficient recent experience in dependency proceedings, and to also complete at least eight hours of continuing education every three years. Rule 5.660 requires the superior court of each county to amend its local rules, and many local courts have established training requirements far exceeding the above minimum requirements.
Psychotropic Medication Use in Children
Concern over the use of psychotropic medications among children has been well-documented in research journals and the mainstream media for more than a decade. The category of psychotropic medication is fairly broad, intending to treat symptoms of conditions ranging from ADHD to childhood schizophrenia. Some of the drugs used to treat these conditions are FDA-approved, including stimulants like Ritalin for ADHD, however only about 31 percent of psychotropic medications have been approved by the U.S. Food and Drug Administration (FDA) for use in children or adolescents. It is estimated that more than 75 percent of the prescriptions written for psychiatric illness in this population are “off label” in usage, meaning they have not been approved by the FDA for the prescribed use, though the practice is legal and common across all manner of pharmaceuticals.2
Anti-psychotic medications, used to treat more severe mental health conditions, include powerful brand-name drugs such as Haldol, Risperdal, Abilify, Seroquel and Zyprexa. They have very limited approval by the FDA for pediatric use beyond rare and severe conduct problems that are resistant to other forms of treatment, such as Tourette’s syndrome, behavioral symptoms associated with autistic disorder, childhood schizophrenia, and bipolar disorder.3 However, the off-label use of these anti-psychotics among children is high, particularly among foster children. According to a study published in 2011, children who took antipsychotic medications were likely to suffer ill health effects including “cardio metabolic and endocrine side-effects” as well as significant weight gain.4 The authors recommended that collaboration between child and adolescent psychiatrists, general practitioners and pediatricians is essential to “reduce the likelihood of premature cardiovascular morbidity and mortality.”
Compounding the potential for unintended side effects is the use of combinations of psychotropic medications, which foster youth are particularly likely to be prescribed, despite limited evidence of clinical efficacy.5 Protecting the health and well-being of children who are taking one or more psychotropic medication requires extensive and ongoing health and metabolic screenings to identify potential adverse effects quickly, however in practice many children many fail to receive ongoing screenings and adverse effects may go undetected causing permanent injury or death.
Drugging our Children Media Series
A recent series of stories published in the San Jose Mercury News6 and most recently in the Los Angeles Times, highlighted growing concerns that psychotropic medications have been relied on by California’s child welfare and children’s mental health systems as a means of controlling, instead of treating, youth who suffer from trauma-related behavioral health challenges. The series detailed significant challenges in accessing pharmacy benefits claims data held by the California Department of Health Care Services (DHCS), eventually overcome through a Public Records Act request and lengthy negotiations, and demonstrated that prescribing rates were far higher than had been anticipated by child welfare system experts.
Court oversight mechanisms
SB 543 (Bowen, Chapter 552, Statutes of 1999) mandated that, once a child has been adjudged a dependent of the state, only the court may authorize psychotropic medications for the child, based on a request from a physician that includes the following:7
The reasons for the request;
A description of the child’s diagnosis and behavior;
The expected results of the medication;
A description of any side effects of the medication.
Under the statute, psychotropic medications are defined as those “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.”
In accordance with this statute, the Administrative Office of the Courts established a series of court documents generally referred to as “the” JV 220, which includes a statement completed and signed by the prescribing physician that includes the child’s diagnosis, relevant medical history, other therapeutic services, the medication to be administered, and the basis for the recommendation.
In addition, a form must be included indicating notice has been provided to the parents or legal guardians, their attorneys of record, the child's attorney of record, the child's guardian ad litem, the child's current caregiver, the child's Court Appointed Special Advocate, if any, and if a child has been determined to be an Indian child, the Indian child's tribe.8 The procedure for notification varies by county – the responsibility may fall primarily to the child welfare agency, or it may be shared with the juvenile court clerk’s office that may be responsible for notifying the attorney and the Court Appointed Special Advocate.
Within four court days after notification, a parent or guardian, the child, the attorney for either, the guardian ad litem, or the Indian child’s tribe may file an objection to the application. Following this period, the court files a final order.
Oversight Concerns
Stakeholders have expressed widespread concerns about the efficacy of the current oversight mechanisms, given that in many counties the court lacks access to medical experts to assist in evaluating medical information. Child welfare advocates and clinicians report that in many instances a prescribing physician who fills out the JV 220 form may not have a history of treating the child, and thus may not be aware of prior medications or alternative treatments that have (or have not) been tried. Such information is frequently left blank on the JV 220. Additionally, as noted by the author, the California Drug Use Review recently found that fewer than four in ten children had received the required baseline laboratory screenings prior to being administered a psychotropic medication. In theory, a health and education passport – a paper file of the youth’s medical history – is supposed to be provided to a new caregiver, who might provide important information to a prescribing physician; however it is common for a child to move between placements without the requisite records, leaving the foster parent also unaware of the child’s medical history.
DHCS and CDSS have drafted, but not finalized, a Guidelines for the Use of Psychotropic Medication with Children and Youth in Foster Care report which states that “the use of psychotropic medication for children and youth is considered a non-routine intervention, used under specified circumstances and as only one strategy within a larger, more comprehensive treatment plan to provide for that child’s safety and well-being.”
The JV 220 form offers little opportunity for input from the community of representatives and caregivers involved with the youth except to offer a short window of opportunity to formally object. Furthermore, the form does not include information related to baseline or ongoing screening, it does not require consideration of alternative treatments (though it provides a field inquiring about them), nor does it offer substantive opportunities for relevant parties to weigh in with important information that may be worthy of consideration by the court.
Currently, CDSS and DHCS, are collaborating on the Quality Improvement Project: Improving the Use of Psychotropic Medication among Children and Youth in Foster Care, which is intended to improve oversight and monitoring of psychotropic medication use and to develop data tools to identify “quality concerns” described as overutilization of medication, inappropriate prescribing, gaps of service including insufficient monitoring or not making decisions on evidence based care. Together, DHCS and CDSS hold quarterly and monthly meetings with various stakeholders to negotiate the parameters of the data for use in agreed-upon indicators. For this purpose, foster care data from the Child Welfare System/Case Management System is matched with a dataset containing fee-for-service and Medi-Cal managed care pharmacy paid claim records for psychotropic medication for children in foster care to identify prescribing patterns.
Related legislation:
SB 253 (Monning, 2015) provides that an order of the juvenile court authorizing psychotropic medication shall require clear and convincing evidence of specified conditions. Furthermore this bill prohibits the authorization of psychotropic medications without a second independent medical opinion under specified circumstances. It also prohibits the authorization of psychotropic medications unless the court is provided documentation that appropriate lab screenings, measurements, or tests have been completed, as specified. Furthermore it requires the court, no later than 45 days following an authorization for psychotropic medication, to conduct a review to determine specified information regarding the efficacy of the child’s treatment plan.
SB 484 (Beall, 2015) requires the CDSS to publish and make available to interested persons specified information regarding the administration of psychotropic medication in residential facilities serving dependent children. Additionally, it requires CDSS to inspect facilities at least once per year, as specified, if the facility is determined to have a higher than average rate of psychotropic medication authorization for children residing in the facility and to monitor corrective action plans, as specified.
SB 319 (Beall, 2015) expands the duties of the foster care public health nurse to include monitoring and oversight of the administration of psychotropic medication to foster children, as specified. It also requires counties to provide child welfare public health nursing services by contracting with the community child health and disability prevention program established by the county.
Prior Legislation:
AB 3015 (Brownley, Chapter 557, Statutes of 2008) required training programs for group home administrators, licensed foster parents and relative caretakers to include basic instruction on the safety of foster youth at school and school environment anti- harassment protections.
AB 2675 (Strickland, Chapter 421, Statutes of 2006) permitted no more than half of the required 40-hour continuing education requirement to be satisfied through online courses.
AB 458 (Chu, Chapter 331, Statutes of 2003) established and required provider training regarding the right of foster children to fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, mental or physical disability, or HIV status.
AB 1694 (Committee on Human Services, Chapter 918, Statutes of 2002) required California Community Colleges that provide foster parent training programs to make those programs available to non-relative extended family members.
AB 2307 (Davis, Chapter 745, Statutes of 2000) required California Community Colleges that provide foster parent training programs to make those programs available to relative and kinship care providers.
SB 543 (Bowen, Chapter 552, Statutes of 1999) mandated that once a child has been adjudged a dependent of the state only the court may authorize psychotropic medications for the child, based on a request from a physician including specified information.
AB 3062 (Friedman, Chapter 1016, Statutes of 1996) mandated all foster parents to obtain pre- placement and post-placement training.
SB 2003 (Royce, Chapter 1597, Statutes of 1984) established the Foster Care Education Program under the office of the Chancellor of the California Community Colleges.
COMMENTS
This bill has considerable overlap with SB 253 (Monning) which would enact specified changes to the court authorization process also referenced in this bill. Staff notes that the direction of this bill is to provide general direction to the Judicial Council, while SB 253 provides more specificity regarding changes to the court authorization process. Should the bills pass this committee, staff recommends the authors and sponsors of the two bills work to eliminate apparent conflicts between the two bills.
POSITIONS
Support:
National Center for Youth Law
Advokids
Alameda County Foster Youth Alliance
California Alliance
California Court Appointed Special Advocates (CASA)
Children’s Advocacy Institute
Children’s Partnership
County Welfare Directors Association of California
Dependency Legal Group of San Diego
First Focus Campaign for Children
Humboldt County Transition Age You Collaboration
Legal Advocates for Children and Youth
Peers Envisioning and Engaging in Recovery Services
Public Counsel’s Children’s Rights Project
Urban Counties Caucus
Youth Law Center
7 individuals
Oppose:
None.
-- END –
2https://www.magellanprovider.com/mhs/mgl/providing_care/clinical_guidelines/clin_monographs/psychotropicdrugsinkids.pdf
3 Harrison, et al, “Antipsychotic Medication Prescribing Trends in Children and Adolescents,” Journal of Pediatric Health care, March 2012.
4 DeHert, Dobbelaere, Sheridan, et al “Metabolic and endocrine adverse effects of second-generation antipsychotics in children and adolescents: A systematic review of randomized, placebo controlled trials and guidelines for clinical practice,” European Psychiatry, April 2011, pgs 144-58.
6 Drugging our Kids. Karen De Sa. San Jose Mercury News.
7 WIC 369.5
8 See also 25 U.S.C. § 1903(4)-(5); Welf. and Inst. Code, §§ 224.1(a) and (e) and 224.3.
SB 238 (Mitchell) Page 9 of 9
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: SB 238
Author: |
Mitchell |
||
Version: |
April 7, 2015 |
Hearing Date: |
April 14, 2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Sara Rogers |
||
Subject: Foster care: psychotropic medication
SUMMARY
This bill requires specified certification and training programs for group home administrators, foster parents, child welfare social workers, dependency court judges and court appointed council to include training on psychotropic medication, trauma, and behavioral health, as specified, for children receiving child welfare services. This bill requires the Judicial Council to update court forms pertaining to the authorization of psychotropic medication for foster youth and ensure specified changes to those forms, on or before July 1, 2016. Additionally, this bill requires the California Department of Social Services (CDSS) to develop an individualized monthly report, a form to share information and an alert system, to be used by county child welfare agencies, regarding the administration of psychotropic medication for a foster youth.
ABSTRACT
Existing law:
Provides for the development of a group home administrator certification program by the California Department of Social Services (CDSS) in collaboration with specified stakeholders to ensure certified persons have appropriate training to provide care and services. Requires the certification program to include a minimum of 40 hours of classroom instruction and provide coverage of a specified uniform core of knowledge. (HSC 1522.41)
Requires every licensed foster parent to complete a minimum of 12 hours of foster parent training covering specified topics prior to the placement of a foster child in the home, and eight hours annually subsequently. (HSC 1529.2)
Requires the Judicial Council to develop and implement standards for the education and training of all judges who conduct hearings pursuant to Welfare and Institutions Code Section 300, pertaining to dependent children. (WIC 304.7)
Requires court appointed counsel of a child or nonminor dependent to have specified training, promulgated by the Judicial Council as rules of the court that ensures adequate representation of the child or nonminor dependent. (WIC 317)
Provides that only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for a minor who has been adjudged a dependent of the court and removed from the physical custody of his or her parent. Requires the Judicial Council to adopt rules of court and develop appropriate forms. (WIC 369.5)
Provides for the development of a statewide coordinated training program designed specifically to meet the needs of county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act. (WIC 16206)
This bill:
Requires the following trainings to additionally include the “authorization, uses, risks, benefits, administration, oversight, and monitoring of psychotropic medication, and trauma, behavioral health, and other available behavioral health treatments, for children receiving child welfare services, including how to access those treatments.”
Group home administrator certification;
Initial preplacement training of licensed foster parents;
Post training of licensed foster parents;
Training required to be made available to relative and nonrelative extended family members;
Judicial Council-developed training for judges who conduct trainings pursuant to Welfare and Institutions Code Section 300;
Training of court appointed counsel of a child or nonminor dependent.
Training provided to specified county child protective services social workers, agencies under contract with county welfare departments to provide child welfare services, and persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act.
Requires the Judicial Council, on or before July 1, 2016, in consultation with CDSS, the Department of Health Care Services (DHCS), and specified stakeholders to implement and develop updates to the required forms pertaining to this bill.
Requires the above implementation and updates ensure the following:
The child and his or her caregiver and court-appointed special advocate, if any, have a meaningful opportunity to provide input on the medications being prescribed.
Information regarding the child’s overall behavioral health assessment and treatment plan is provided to the court.
Information regarding the rationale for the proposed medication, including information on other pharmacological and non-pharmacological treatments that have been utilized and the child’s response, and an explanation how the psychotropic medication being prescribed is expected to improve the symptoms.
Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization, is not included in a request.
Requires CDSS, in consultation with DHCS, the County Welfare Directors Association (CDWA) and other stakeholders to develop and provide an individualized monthly report to each county child welfare services agency that includes the following for each child receiving child welfare services:
Psychotropic medications that have been authorized for the child pursuant to Welfare and Institutions Code Section 369.5.
Data for medications that have been dispensed to the child, including both psychotropic and non-psychotropic medication.
Durational information relating to the child’s authorized psychotropic medication, including but not limited to, the length of time a medication has been authorized and the length of time for which a medication has been dispensed by a pharmacy.
Claims paid for behavioral health services provided to the child, other than claims paid for psychotropic medication.
The dosages of psychotropic medications that have been authorized for the child and that have been dispensed.
Requires CDSS in consultation with DHCS, CDWA and other stakeholders to develop a form, to be used by a county child welfare services agency on a monthly basis, to share with the juvenile court, the child’s attorney, and the court-appointed special advocate, if one has been appointed, the above information regarding a child receiving child welfare services authorized to receive one or more psychotropic medication.
Requires CDSS in consultation with DHCS, CDWA and other stakeholders to develop, or ensure access to, a system that automatically alerts a social worker of a child receiving child welfare services when psychotropic medication has been prescribed that fits the following descriptions:
Is prescribed in combination with another psychotropic medication and the combination is unusual or has the potential for a dangerous interaction.
Is prescribed in a dosage that is unusual for a child of that age.
Is not typically indicated for a child of that age.
Requires a child’s social worker, upon receipt of an alert, to indicate to the court that the alert has been received by the child’s attorney, the child’s caregiver, and the child’s court appointed special advocate, if one has been appointed, and to include a discussion of the resolution of the alert in the next court report filed.
FISCAL IMPACT
This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, recent newspaper articles have highlighted the use and overuse of psychotropic medications in foster care facilities. The author states that reports provided by the Department of Health Care Services (DHCS) and the Department of Social Services (CDSS) provide limited information needed to determine how psychotropic medicine is administered to foster youth. The author states that the goal of this legislation is to develop and review data, to develop a system of red flags, to improve county reporting and to establish further consultation/second opinion options for cases in which psychotropic medications and/or antidepressants are being prescribed for a foster youth.
The County Welfare Directors Association, a sponsor of the bill, states that “recent reports indicating that psychotropic medications are over-prescribed in the child welfare system have prompted a needed look at the procedures by which those medications are authorized and overseen. The children we serve have experienced severe trauma that often warrants behavioral health services such as trauma-informed therapy and other targeted treatments. We believe it is appropriate for some children to receive medication, when thoughtfully prescribed as part of an overall treatment plan that includes non-pharmacological interventions, as well. With those medications, however, must come oversight to ensure that the treatment plan is in place and that children are responding well to the authorized medications.”
Foster Care Training Requirements
In 2003, the Federal Child and Family Services Review mandated CDSS to develop and implement standardized statewide training for child welfare workers including specified curriculum. As a result of the federal legislation, the California Social Work Education Center, the Regional Training Academies and the CDSS developed the Common Core Curricula starting in 2004 with introduction of the courses in 2005.1
AB 3062 (Friedman, Chapter 1016, Statutes of 1996) mandated that all foster parents obtain education and training prior to a child’s placement and on an ongoing basis. Under current law, licensed or certified foster parents are required to receive a minimum of 12 hours of foster parent training prior to placement of a foster child in the home and are required to complete a minimum of eight hours of post-placement training annually. Some counties require significantly more training as a condition of county licensure. These trainings are generally provided by California community colleges and in some counties by California State Universities under the Foster and Kinship Care Education Program initially established in 1984.
Group home facility administrators are required to be certified through CDSS developed and approved programs that include 40 hours of classroom instruction. Group home administrators are further required to renew their certification every two years through 40 hours of classroom or online instruction. The required curriculum includes training in business operations; staff management and supervision; psychosocial, physical and educational needs of the facility residents; community and support services; administration, storage, misuse and interaction of medication used by facility residents; instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual and transgender youth in out-of-home care; non-violent emergency intervention and reporting requirements; basic admission, retention and assessment procedures including specified non-discrimination rights of a foster child; and school environment anti-harassment laws.
Existing law additionally requires the Judicial Council to develop training requirements for dependency court judges and dependency attorneys, providing the Council with broad discretion to define the scope of the training. California Rules of Court, Rule 5.660 requires attorneys to complete a minimum of eight hours of initial training or education in the area of juvenile dependency, or have sufficient recent experience in dependency proceedings, and to also complete at least eight hours of continuing education every three years. Rule 5.660 requires the superior court of each county to amend its local rules, and many local courts have established training requirements far exceeding the above minimum requirements.
Psychotropic Medication Use in Children
Concern over the use of psychotropic medications among children has been well-documented in research journals and the mainstream media for more than a decade. The category of psychotropic medication is fairly broad, intending to treat symptoms of conditions ranging from ADHD to childhood schizophrenia. Some of the drugs used to treat these conditions are FDA-approved, including stimulants like Ritalin for ADHD, however only about 31 percent of psychotropic medications have been approved by the U.S. Food and Drug Administration (FDA) for use in children or adolescents. It is estimated that more than 75 percent of the prescriptions written for psychiatric illness in this population are “off label” in usage, meaning they have not been approved by the FDA for the prescribed use, though the practice is legal and common across all manner of pharmaceuticals.2
Anti-psychotic medications, used to treat more severe mental health conditions, include powerful brand-name drugs such as Haldol, Risperdal, Abilify, Seroquel and Zyprexa. They have very limited approval by the FDA for pediatric use beyond rare and severe conduct problems that are resistant to other forms of treatment, such as Tourette’s syndrome, behavioral symptoms associated with autistic disorder, childhood schizophrenia, and bipolar disorder.3 However, the off-label use of these anti-psychotics among children is high, particularly among foster children. According to a study published in 2011, children who took antipsychotic medications were likely to suffer ill health effects including “cardio metabolic and endocrine side-effects” as well as significant weight gain.4 The authors recommended that collaboration between child and adolescent psychiatrists, general practitioners and pediatricians is essential to “reduce the likelihood of premature cardiovascular morbidity and mortality.”
Compounding the potential for unintended side effects is the use of combinations of psychotropic medications, which foster youth are particularly likely to be prescribed, despite limited evidence of clinical efficacy.5 Protecting the health and well-being of children who are taking one or more psychotropic medication requires extensive and ongoing health and metabolic screenings to identify potential adverse effects quickly, however in practice many children many fail to receive ongoing screenings and adverse effects may go undetected causing permanent injury or death.
Drugging our Children Media Series
A recent series of stories published in the San Jose Mercury News6 and most recently in the Los Angeles Times, highlighted growing concerns that psychotropic medications have been relied on by California’s child welfare and children’s mental health systems as a means of controlling, instead of treating, youth who suffer from trauma-related behavioral health challenges. The series detailed significant challenges in accessing pharmacy benefits claims data held by the California Department of Health Care Services (DHCS), eventually overcome through a Public Records Act request and lengthy negotiations, and demonstrated that prescribing rates were far higher than had been anticipated by child welfare system experts.
Court oversight mechanisms
SB 543 (Bowen, Chapter 552, Statutes of 1999) mandated that, once a child has been adjudged a dependent of the state, only the court may authorize psychotropic medications for the child, based on a request from a physician that includes the following:7
The reasons for the request;
A description of the child’s diagnosis and behavior;
The expected results of the medication;
A description of any side effects of the medication.
Under the statute, psychotropic medications are defined as those “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.”
In accordance with this statute, the Administrative Office of the Courts established a series of court documents generally referred to as “the” JV 220, which includes a statement completed and signed by the prescribing physician that includes the child’s diagnosis, relevant medical history, other therapeutic services, the medication to be administered, and the basis for the recommendation.
In addition, a form must be included indicating notice has been provided to the parents or legal guardians, their attorneys of record, the child's attorney of record, the child's guardian ad litem, the child's current caregiver, the child's Court Appointed Special Advocate, if any, and if a child has been determined to be an Indian child, the Indian child's tribe.8 The procedure for notification varies by county – the responsibility may fall primarily to the child welfare agency, or it may be shared with the juvenile court clerk’s office that may be responsible for notifying the attorney and the Court Appointed Special Advocate.
Within four court days after notification, a parent or guardian, the child, the attorney for either, the guardian ad litem, or the Indian child’s tribe may file an objection to the application. Following this period, the court files a final order.
Oversight Concerns
Stakeholders have expressed widespread concerns about the efficacy of the current oversight mechanisms, given that in many counties the court lacks access to medical experts to assist in evaluating medical information. Child welfare advocates and clinicians report that in many instances a prescribing physician who fills out the JV 220 form may not have a history of treating the child, and thus may not be aware of prior medications or alternative treatments that have (or have not) been tried. Such information is frequently left blank on the JV 220. Additionally, as noted by the author, the California Drug Use Review recently found that fewer than four in ten children had received the required baseline laboratory screenings prior to being administered a psychotropic medication. In theory, a health and education passport – a paper file of the youth’s medical history – is supposed to be provided to a new caregiver, who might provide important information to a prescribing physician; however it is common for a child to move between placements without the requisite records, leaving the foster parent also unaware of the child’s medical history.
DHCS and CDSS have drafted, but not finalized, a Guidelines for the Use of Psychotropic Medication with Children and Youth in Foster Care report which states that “the use of psychotropic medication for children and youth is considered a non-routine intervention, used under specified circumstances and as only one strategy within a larger, more comprehensive treatment plan to provide for that child’s safety and well-being.”
The JV 220 form offers little opportunity for input from the community of representatives and caregivers involved with the youth except to offer a short window of opportunity to formally object. Furthermore, the form does not include information related to baseline or ongoing screening, it does not require consideration of alternative treatments (though it provides a field inquiring about them), nor does it offer substantive opportunities for relevant parties to weigh in with important information that may be worthy of consideration by the court.
Currently, CDSS and DHCS, are collaborating on the Quality Improvement Project: Improving the Use of Psychotropic Medication among Children and Youth in Foster Care, which is intended to improve oversight and monitoring of psychotropic medication use and to develop data tools to identify “quality concerns” described as overutilization of medication, inappropriate prescribing, gaps of service including insufficient monitoring or not making decisions on evidence based care. Together, DHCS and CDSS hold quarterly and monthly meetings with various stakeholders to negotiate the parameters of the data for use in agreed-upon indicators. For this purpose, foster care data from the Child Welfare System/Case Management System is matched with a dataset containing fee-for-service and Medi-Cal managed care pharmacy paid claim records for psychotropic medication for children in foster care to identify prescribing patterns.
Related legislation:
SB 253 (Monning, 2015) provides that an order of the juvenile court authorizing psychotropic medication shall require clear and convincing evidence of specified conditions. Furthermore this bill prohibits the authorization of psychotropic medications without a second independent medical opinion under specified circumstances. It also prohibits the authorization of psychotropic medications unless the court is provided documentation that appropriate lab screenings, measurements, or tests have been completed, as specified. Furthermore it requires the court, no later than 45 days following an authorization for psychotropic medication, to conduct a review to determine specified information regarding the efficacy of the child’s treatment plan.
SB 484 (Beall, 2015) requires the CDSS to publish and make available to interested persons specified information regarding the administration of psychotropic medication in residential facilities serving dependent children. Additionally, it requires CDSS to inspect facilities at least once per year, as specified, if the facility is determined to have a higher than average rate of psychotropic medication authorization for children residing in the facility and to monitor corrective action plans, as specified.
SB 319 (Beall, 2015) expands the duties of the foster care public health nurse to include monitoring and oversight of the administration of psychotropic medication to foster children, as specified. It also requires counties to provide child welfare public health nursing services by contracting with the community child health and disability prevention program established by the county.
Prior Legislation:
AB 3015 (Brownley, Chapter 557, Statutes of 2008) required training programs for group home administrators, licensed foster parents and relative caretakers to include basic instruction on the safety of foster youth at school and school environment anti- harassment protections.
AB 2675 (Strickland, Chapter 421, Statutes of 2006) permitted no more than half of the required 40-hour continuing education requirement to be satisfied through online courses.
AB 458 (Chu, Chapter 331, Statutes of 2003) established and required provider training regarding the right of foster children to fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, mental or physical disability, or HIV status.
AB 1694 (Committee on Human Services, Chapter 918, Statutes of 2002) required California Community Colleges that provide foster parent training programs to make those programs available to non-relative extended family members.
AB 2307 (Davis, Chapter 745, Statutes of 2000) required California Community Colleges that provide foster parent training programs to make those programs available to relative and kinship care providers.
SB 543 (Bowen, Chapter 552, Statutes of 1999) mandated that once a child has been adjudged a dependent of the state only the court may authorize psychotropic medications for the child, based on a request from a physician including specified information.
AB 3062 (Friedman, Chapter 1016, Statutes of 1996) mandated all foster parents to obtain pre- placement and post-placement training.
SB 2003 (Royce, Chapter 1597, Statutes of 1984) established the Foster Care Education Program under the office of the Chancellor of the California Community Colleges.
COMMENTS
This bill has considerable overlap with SB 253 (Monning) which would enact specified changes to the court authorization process also referenced in this bill. Staff notes that the direction of this bill is to provide general direction to the Judicial Council, while SB 253 provides more specificity regarding changes to the court authorization process. Should the bills pass this committee, staff recommends the authors and sponsors of the two bills work to eliminate apparent conflicts between the two bills.
POSITIONS
Support:
National Center for Youth Law
Advokids
Alameda County Foster Youth Alliance
California Court Appointed Special Advocates (CASA)
Children’s Advocacy Institute
County Welfare Directors Association of California
Dependency Legal Group of San Diego
First Focus Campaign for Children
Humboldt County Transition Age Youth Collaboration
Legal Advocates for Children and Youth
Peers Envisioning and Engaging in Recovery Services
Public Counsel’s Children’s Rights Project
Youth Law Center
6 individuals
Oppose:
None.
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2https://www.magellanprovider.com/mhs/mgl/providing_care/clinical_guidelines/clin_monographs/psychotropicdrugsinkids.pdf
3 Harrison, et al, “Antipsychotic Medication Prescribing Trends in Children and Adolescents,” Journal of Pediatric Health care, March 2012.
4 DeHert, Dobbelaere, Sheridan, et al “Metabolic and endocrine adverse effects of second-generation antipsychotics in children and adolescents: A systematic review of randomized, placebo controlled trials and guidelines for clinical practice,” European Psychiatry, April 2011, pgs 144-58.
6 Drugging our Kids. Karen De Sa. San Jose Mercury News.
7 WIC 369.5
8 See also 25 U.S.C. § 1903(4)-(5); Welf. and Inst. Code, §§ 224.1(a) and (e) and 224.3.
Discussed in Hearing
33SEC
Senate Floor
2MIN
Assembly Floor
44SEC
Assembly Floor
4MIN
Assembly Standing Committee on Appropriations
13MIN
Assembly Standing Committee on Judiciary
3MIN
Senate Floor
6MIN
Senate Standing Committee on Appropriations
14MIN
