BILL NUMBER: SB 238 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 7, 2015
AMENDED IN SENATE MARCH 24, 2015
INTRODUCED BY Senators Mitchell and Beall
(Coauthor: Assembly Member Chiu)
FEBRUARY 17, 2015
An act to amend Sections 1522.41 and 1529.2 of the Health and
Safety Code, and to amend Sections 304.7, 317, 369.5, 16003, and
16206 of, and to add Section 16501.4 to, the Welfare and Institutions
Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
SB 238, as amended, Mitchell. Foster care: psychotropic
medication.
Existing law authorizes only a juvenile court judicial officer to
make orders regarding the administration of psychotropic medications
for a dependent child or a ward 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 child's or ward's 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 child's
attorney, and the child's 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 child's 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1522.41 of the Health and Safety Code is
amended to read:
1522.41. (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 individual's 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 department's
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
administrator's 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 department's 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 Association's
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 child's or
nonminor dependent's 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 child's 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 child's 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 child's wishes and assess the
child's well-being, and shall advise the court of the child's 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 counsel's 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 child's caregiver or other person holding the right to
make educational decisions for the child may provide the contact
information of the child's attorney to the child's local educational
agency.
(C) Counsel for the child and counsel's 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 child's 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 child's attorney-client privilege.
(6) The changes made to this subdivision during the 2011-12
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 child's guardian ad litem, shall be provided to
the child's 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 county's 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 county's
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 child's
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 children's 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 child's 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
child's 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 child's 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 caregiver's and child's 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 child's 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 child's
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 minor's 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 child's
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 program's
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
child's attorney, and the child's 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
child's prescribed authorized psychotropic
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.
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 child's 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 child's 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 child's attorney, the child's
caregiver, and the child's 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 child's 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, children's
attorneys, children's 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.