Bill Text: CA AB181 | 2011-2012 | Regular Session | Amended
Bill Title: Foster youth: mental health bill of rights.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB181 Detail]
Download: California-2011-AB181-Amended.html
BILL NUMBER: AB 181 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2011
AMENDED IN ASSEMBLY MARCH 21, 2011
AMENDED IN ASSEMBLY MARCH 15, 2011
INTRODUCED BY Assembly Members Portantino and Beall
(Principal coauthor: Senator Steinberg)
(Coauthors: Assembly Members Ammiano, Blumenfield, Brownley,
Carter, Chesbro, Dickinson, Fong, Galgiani, Gordon, Huffman, Ma,
Skinner, and Swanson)
(Coauthors: Senators Correa, Evans, Price, and Vargas)
JANUARY 24, 2011
An act to amend Section 16164 of, and to add Section 16001.10 to,
the Welfare and Institutions Code, relating to foster youth.
LEGISLATIVE COUNSEL'S DIGEST
AB 181, as amended, Portantino. Foster youth: mental health bill
of rights.
Existing law provides that, when a child is removed from his or
her family by the juvenile court, placement of the child in foster
care should secure, as nearly as possible, the custody, care, and
discipline equivalent to that which should have been given the child
by his or her parents. Existing law provides enumerated rights for
children who are placed in foster care. Existing law establishes the
Office of the State Foster Care Ombudsperson to disseminate specified
information, including the stated rights of foster youth, and to
investigate and attempt to resolve complaints made by or on behalf of
children placed in foster care, related to their care, placement, or
services.
This bill would enumerate rights for foster youth relating to
mental health services. The bill would require the office, in
consultation with various entities, to develop, no later than July 1,
2012, standardized information explaining the rights specified and
to distribute this information to foster youth.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 16001.10 is added to the Welfare and
Institutions Code, to read:
16001.10. (a) It is the policy of the state that all children in
foster care and transition-age foster youth shall have the following
rights relating to mental health services:
(1) To receive needed mental health services.
(2) To interview a therapist prior to commencing treatment.
(3) To discontinue psychotropic medication, as deemed appropriate
by a physician, if the youth experiences potentially dangerous side
effects.
(4) To be presented with mental health options, including, but not
limited to, holistic or natural approaches, mentoring, peer
counseling, therapy, and medication.
(5) To continue services with their therapist or counselor for at
least one year when their residential placement changes or as long as
it is in the best interest of the youth, as determined by a court.
(6) To be evaluated by a medical professional.
(7) To have mental health services provided outside of the place
of residence, if the child wishes.
(8) To be provided with information on how to seek mental health
services in their county of residence, or to have this information
provided to the child's caregiver, depending on the age of the child.
(9) To gain access to personal mental health records.
(10) Consistent with other state laws, to be guaranteed the
protection of confidentiality when interacting with mental health
professionals, unless the youth is deemed at risk of harming himself
or herself or others, and when reporting suspected child abuse to the
child protection agency.
(11) To be given age-appropriate information on drug interactions
if prescribed more than one medication.
(12) To receive timely mental health services in the county of
residence and not to be denied services based on the child's county
of origin.
(13) To refuse mental health treatment at any time unless deemed
medically necessary by the court.
(1) To receive developmentally appropriate, medically necessary
mental health screenings, assessments, and services.
(2) For foster youth, including those six years of age and
younger, to receive a mental health screening to determine whether
mental health services are necessary if the placement is at risk due
to behavioral reasons.
(3) To be evaluated and treated by a mental health professional
who is culturally sensitive and qualified to treat individuals of
that age and symptomology.
(4) To interview a therapist prior to commencing treatment and,
for children 10 years of age or younger, to participate with
caregivers in interviewing therapists before commencing treatment.
Once treatment commences, the youth, or caregiver if the youth is 10
years of age or younger, has the right to request a new therapist at
any time upon the availability of a new provider.
(5) To continue services with the same licensed mental health
provider, if that provider is available, for at least one year after
a change in placement or following reunification, consistent with the
mental health treatment plan and best interests of the child or
nonminor.
(6) To refuse mental health treatment at any time unless the
individual poses an immediate danger to himself or herself or others.
(7) If 12 years of age or older, to initiate and consent to
outpatient mental health treatment or counseling services.
(8) To be presented with all available services and mental health
services, including, but not limited to, behavioral, holistic, or
natural approaches, mentoring, peer counseling, therapy, and
medication.
(9) To access available mental health services in the
least-restrictive community environment, including services provided
outside of the place of residence, if the youth wishes.
(10) To be provided with information on how to seek mental health
services in the county of residence. For children 10 years of age or
younger, caregivers shall be provided with information on how to seek
mental health services in the child's county of residence.
(11) To receive timely mental health services in the county of
residence and not to be denied services based on the individual's
county of origin, unless the youth is receiving services in the
county of origin to preserve desired continuity.
(12) To be given developmentally appropriate information on drug
interactions if prescribed more than one medication.
(13) To receive developmentally appropriate information on
potential short- or long-term side effects of prescribed psychotropic
medications and to receive available information related to the
efficacy of the prescribed psychotropic medication for individuals of
a similar age group. Youth and caregivers shall also be notified if
the psychotropic medication has not been tested on youth of that age
group.
(14) To refuse or discontinue the administration of psychotropic
medications.
(15) Consistent with existing law, to be guaranteed the protection
of privacy and confidentiality when interacting with mental health
professionals, unless the youth is deemed a danger to himself or
herself or others, and when reporting suspected child abuse to the
child protection agency.
(16) To gain access to personal mental health records as permitted
by law and to have the confidentiality of those mental health
records protected as provided under existing law.
(17) To be provided with copies of mental health records at no
cost if unable to pay.
(b) The Office of the State Foster Care Ombudsperson, in
consultation with the State Department of Mental Health, the State
Department of Social Services, the State Department of Health Care
Services, foster youth advocacy and support groups, representatives
of county child welfare agencies, and groups representing children,
families, foster parents, and children's facilities, and other
interested parties, shall develop, no later than July 1, 2012,
standardized information explaining the rights specified in this
section. The information shall be presented in an age-appropriate
manner and shall reflect any relevant licensing requirements and
medical information laws.
SEC. 2. Section 16164 of the Welfare and Institutions Code is
amended to read:
16164. (a) The Office of the State Foster Care Ombudsperson shall
do all of the following:
(1) Disseminate information on the rights of children and youth in
foster care and the services provided by the office. The rights of
children and youths in foster care are listed in Sections 16001.9 and
16001.10. The information shall include notification that
conversations with the office may not be confidential.
(2) Investigate and attempt to resolve complaints made by or on
behalf of children placed in foster care, related to their care,
placement, or services.
(3) Decide, in its discretion, whether to investigate a complaint,
or refer complaints to another agency for investigation.
(4) Upon rendering a decision to investigate a complaint from a
complainant, notify the complainant of the intention to investigate.
If the office declines to investigate a complaint or continue an
investigation, the office shall notify the complainant of the reason
for the action of the office.
(5) Update the complainant on the progress of the investigation
and notify the complainant of the final outcome.
(6) Document the number, source, origin, location, and nature of
complaints.
(7) (A) Compile and make available to the Legislature all data
collected over the course of the year, including, but not limited to,
the number of contacts to the toll-free telephone number, the number
of complaints made, including the type and source of those
complaints, the number of investigations performed by the office, the
trends and issues that arose in the course of investigating
complaints, the number of referrals made, and the number of pending
complaints.
(B) Present this compiled data, on an annual basis, at appropriate
child welfare conferences, forums, and other events, as determined
by the department, that may include presentations to, but are not
limited to, representatives of the Legislature, the County Welfare
Directors Association, child welfare organizations, children's
advocacy groups, consumer and service provider organizations, and
other interested parties.
(C) It is the intent of the Legislature that representatives of
the organizations described in subparagraph (B) consider this data in
the development of any recommendations offered toward improving the
child welfare system.
(D) The compiled data shall be posted so that it is available to
the public on the existing Internet Web site of the State Foster Care
Ombudsperson.
(8) Have access to any record of a state or local agency that is
necessary to carry out his or her responsibilities. Representatives
of the office may meet or communicate with any foster child in his or
her placement or elsewhere.
(b) The office may establish, in consultation with a committee of
interested individuals, regional or local foster care ombudsperson
offices for the purposes of expediting investigations and resolving
complaints, subject to appropriations in the annual Budget Act.
(c) (1) The office, in consultation with the California Welfare
Directors Association, Chief Probation Officers of California, foster
youth advocate and support groups, groups representing children,
families, foster parents, children's facilities, and other interested
parties, shall develop, no later than July 1, 2002, standardized
information explaining the rights specified in Section 16001.9. The
information shall be developed in an age-appropriate manner, and
shall reflect any relevant licensing requirements with respect to
foster care providers' responsibilities to adequately supervise
children in care.
(2) The office, counties, foster care providers, and others may
use the information developed in paragraph (1) in carrying out their
responsibilities to inform foster children and youth of their rights
pursuant to Section 1530.91 of the Health and Safety Code, Sections
27 and 16501.1, and this section.
