SB 253: Juveniles: psychotropic medication.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents or wards of the court under certain circumstances. Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent or delinquent child who has been removed from the physical custody of his or her parent. Existing law requires that court authorization for the administration of psychotropic medication to a child 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. Existing law requires the Judicial Council to adopt rules of court and develop appropriate forms for the implementation of these provisions, as specified.

This bill, commencing January 1, 2018, would require that an order authorizing the administration of psychotropic medications to a dependent child or a delinquent child in foster care be granted only upon the courts determination that the administration of the medication is in the best interest of the child and that specified requirements have been met, including a requirement that the prescribing physician confirms that all appropriate laboratory screenings or tests have been performed or ordered for the child, as specified. Under specified circumstances, the bill would prohibit the court from authorizing the administration of psychotropic medications to a child under those provisions, unless a preauthorization review is obtained from a child psychiatrist or behavioral pediatrician, as specified. The bill would impose additional requirements on the court to implement these provisions and to conduct review hearings, as specified. The bill would require the childs social worker to submit a report to the court prior to any review hearing, to include information from the child, the childs caregiver, the public health nurse, and the court-appointed special advocate. By increasing the duties of county social workers, the bill would impose a state-mandated local program. The bill would authorize psychotropic medication to be administered in an emergency without court authorization. The bill would require court authorization to be sought as soon as practical thereafter, but in no case more than 2 court days after emergency administration of the psychotropic medication. The bill would require the Judicial Council to adopt rules of court and develop appropriate forms to implement these provisions by January 1, 2018.

This bill would also require the State Department of Health Care Services, in collaboration with the Judicial Council, to identify resources to assist courts in securing preauthorization reviews in those counties in which there are fewer than 10 practicing child and adolescent psychiatrists in order to avoid undue delays in the authorization of psychotropic medications.

This bill would incorporate changes to Section 4064.5 of the Business and Professions Code proposed by both this bill and SB 999, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and 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 no reimbursement is required by this act for a specified reason.