AB 82

  • California Assembly Bill
  • 2009-2010 Regular Session
  • Introduced in Assembly Dec 23, 2008
  • Passed Assembly Jun 02, 2009
  • Passed Senate Sep 09, 2009
  • Governor

Dependent children: psychotropic medications.

Abstract

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 court authorization except in an emergency situation, as specified, 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. This bill would, in a pilot project operative only until January 1, 2013, in 3 counties that are selected by the State Department of Social Services in consultation with the Judicial Council and 2 other specified entities, expand the authority of a juvenile court judicial officer to make orders regarding the administration of psychotropic medications to include a dependent child or ward who has been removed from the physical custody of his or her parent or guardian, or a child who has been removed from the physical custody of a parent or guardian pending adjudication as a dependent child. The pilot project would require the physician submitting the request for psychotropic medication to have conducted an examination of the child or ward. The pilot project would require the request to indicate additional information, including the child's medical history and a description of any clinically indicated therapy recommended for the child to participate in during the 6-month period until the next court review of the psychotropic medication. The pilot project would require the juvenile court judicial officer, before authorizing the administration of psychotropic medication, to make certain findings, including that the child's or ward's caregiver has been informed, and the child or ward has been informed in an age and developmentally appropriate manner, about the recommended medications, the anticipated benefits, the nature, degree, duration, and probability of side effects and significant risks, and any other recommended treatments, that the child or ward has been informed of the right to request a hearing, and that a plan is in place for regular monitoring of the medication, as specified. The pilot project would require a dependent child or ward to be present in court for any hearing on the request for authorization to administer psychotropic medication, except as specified. The pilot project would authorize the court to inquire about specified information in any proceeding in the juvenile court following court authorization for the administration of psychotropic medication to a child or ward. The bill would require the State Department of Social Services, after consultation with the State Department of Mental Health, to report to the Legislature regarding the pilot project before July 1, 2013, as specified. The bill would require the Judicial Council to adopt rules and forms to implement these provisions on or before July 1, 2010. These provisions would remain in effect until January 1, 2014.

Bill Sponsors (7)

Votes


Actions


Jan 14, 2010

Assembly

Consideration of Governor's veto stricken from file.

Oct 26, 2009

Assembly

Consideration of Governor's veto pending.

Oct 11, 2009

Assembly

Vetoed by Governor.

Sep 25, 2009

California State Legislature

Enrolled and to the Governor at 5 p.m.

Sep 10, 2009

Assembly

In Assembly. Concurrence in Senate amendments pending.

Assembly

Senate amendments concurred in. To enrollment. (Ayes 79. Noes 0. Page 3285.)

Sep 09, 2009

Senate

Read third time, passed, and to Assembly. (Ayes 37. Noes 0. Page 2314.)

Sep 03, 2009

Senate

Read second time. To third reading.

Sep 02, 2009

Senate

Read third time, amended. To second reading.

Sep 01, 2009

Senate

Read second time. To third reading.

Aug 31, 2009

Senate

(received by desk August 28, 2009 pursuant to JR61(a)(11))

Senate

From committee: Do pass. (Ayes 13. Noes 0.) (August 27).

Aug 17, 2009

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  • Amendment-Introduction
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Reading-1
Com. on APPR.

Senate

In committee: Placed on Appropriations suspense file.

Jul 15, 2009

Senate

From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (July 14).

Jul 06, 2009

Senate

In committee: Hearing postponed by committee.

Jun 25, 2009

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  • Amendment-Introduction
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Reading-1
Com. on JUD.

Jun 24, 2009

Senate

From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 4. Noes 0.) (June 23).

Jun 18, 2009

Senate

Referred to Coms. on HUMAN S. and JUD.

  • Referral-Committee
Coms. on HUMAN S. and JUD.

Jun 03, 2009

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Jun 02, 2009

Assembly

Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1988.)

Assembly

Read second time. To third reading.

Jun 01, 2009

Assembly

Read second time and amended. Ordered returned to second reading.

May 29, 2009

Assembly

From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).

Apr 23, 2009

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Apr 15, 2009

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 14, 2009

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

Mar 31, 2009

Assembly

From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 10. Noes 0.) (March 31).

Mar 25, 2009

Assembly

From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 7. Noes 0.) (March 24).

Feb 05, 2009

Assembly

Referred to Coms. on HUM. S. and JUD.

  • Referral-Committee
Coms. on HUM. S. and JUD.

Jan 05, 2009

Assembly

Read first time.

Dec 24, 2008

Assembly

From printer. May be heard in committee January 23.

Dec 23, 2008

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB82 HTML
12/23/08 - Introduced PDF
04/14/09 - Amended Assembly PDF
06/01/09 - Amended Assembly PDF
06/25/09 - Amended Senate PDF
08/17/09 - Amended Senate PDF
09/02/09 - Amended Senate PDF
09/16/09 - Enrolled PDF

Related Documents

Document Format
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