Bill Text: CA AB3103 | 2023-2024 | Regular Session | Amended

California Assembly Bill 3103

Bill Title: Dependent children: health screenings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-01 - Re-referred to Com. on HUM. S. [AB3103 Detail]

Download: California-2023-AB3103-Amended.html

Amended IN Assembly March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 3103

Introduced by Assembly Member Quirk-Silva

February 16, 2024

~~An act to amend Section 727 of the Welfare and Institutions Code, relating to juveniles.~~ An act to amend Section 369 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL'S DIGEST

AB 3103, as amended, Quirk-Silva. ~~Juveniles: probation.~~ Dependent children: health screenings.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of the failure or inability of their parent or guardian to adequately supervise or protect the child. Existing law authorizes a peace officer, probation officer, or social worker, without a warrant, to take a minor into temporary custody for various reasons, including when the child has been declared a dependent of the juvenile court or there is reasonable cause to believe the minor comes within the jurisdiction of the juvenile court. Existing law permits a social worker or the juvenile court to authorize the performance of medical, surgical, dental, or other remedial care needed by a child who is in temporary custody, who is a dependent of the juvenile court and placed under the supervision of a social worker, or for whom a dependency petition has been filed after notifying the parent, guardian, or person standing in loco parentis of the child.
This bill would additionally permit, in the absence of a standing court order, a social worker to authorize a noninvasive initial medical, dental, and mental health screening of a child in temporary custody. The bill would require the social worker to make reasonable attempts to notify the parent that the child will be undergoing a screening and to provide the parent with a reasonable opportunity to object. The bill would provide that if the parent objects, the screening may be conducted only upon the order of the court. The bill would also add mental health care, as defined, to the medical and dental care that may be authorized for a child who is in temporary custody, who is a dependent of the juvenile court and placed under the supervision of a social worker, or for whom a dependency petition has been filed.
Existing law generally subjects any person between 12 and 17 years of age, inclusive, who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Existing law authorizes a juvenile court to place a ward on probation without supervision of the probation officer, except as specified, and to impose any and all reasonable conditions.
~~This bill would make technical, nonsubstantive changes to these provisions.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.
The Legislature finds and declares all of the following:
(a) The state has a compelling interest in ensuring the physical and mental health of children in the child welfare system.
(b) Both the American Academy of Pediatrics and the Child Welfare League of America have found children entering foster care to be in poor health with chronic and acute health, developmental, and psychiatric disorders.
(c) The completion of an initial health screening will improve the health of children entering foster care.

SEC. 2.

Section 369 of the Welfare and Institutions Code is amended to read:

369.

(a) ~~Whenever~~ (1) In the absence of a standing court order, whenever a child is taken into temporary custody under Article 7 (commencing with Section 305), the social worker may authorize a noninvasive initial medical, dental, and mental health screening of the child, prior to the detention hearing held pursuant to Section 319, for any of the following purposes:

(A) To determine whether the child has an urgent medical, dental, or mental health need that requires immediate attention.
(B) To determine whether the child poses a health risk to other persons.
(C) To determine an appropriate placement to meet the child’s medical and mental health care needs identified in the initial health screening.
(2) The social worker shall make reasonable attempts to notify the parent that the child will be undergoing a noninvasive initial medical, dental, and mental health screening, and shall provide the parent with a reasonable opportunity to object to this screening. If the parent objects, the screening may be conducted only upon the order of the court.
(3) For the purposes of this subdivision, a noninvasive initial medical, dental, or mental health screening shall be limited to a review of available health and developmental history, a standard review of systems, a measurement of the child’s height, weight, and head circumference with percentiles, a taking of vital signs, and a physical examination by a physician or pediatric nurse practitioner to identify signs of acute and chronic illness. Physical examinations of children over three years of age shall not require the removal of the child’s undergarments, and the child shall be provided with a dressing gown if the physical examination reasonably requires the removal of the child’s outer clothing.

(b) Whenever a ~~person~~ child is taken into temporary custody under Article 7 (commencing with Section 305) and is in need of medical, surgical, mental health, dental, or other remedial care, the social worker may, upon the recommendation of the attending physician and surgeon or mental health provider, or, if the ~~person~~ child needs dental care and there is an attending dentist, the attending dentist, authorize the performance of the medical, surgical, mental health, dental, or other remedial care. The social worker shall notify the parent, guardian, or person standing in loco parentis of the ~~person,~~ child, if any, of the care found to be needed before that care is provided, and if the parent, guardian, or person standing in loco parentis objects, that care shall be given only upon order of the court in the exercise of its discretion.

~~(b)~~

(c) Whenever it appears to the juvenile court that a ~~person~~ child concerning whom a petition has been filed with the court is in need of medical, surgical, mental health, dental, or other remedial care, and that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize the remedial care or treatment for that ~~person,~~ child, the court, upon the written recommendation of a licensed physician and surgeon or mental health provider, or, if the ~~person~~ child needs dental care, a licensed dentist, and after due notice to the parent, guardian, or person standing in loco parentis, if any, may make an order authorizing the performance of the necessary medical, surgical, mental health, dental, or other remedial care for that ~~person.~~ child.

~~(c)~~

(d) Whenever a dependent child of the juvenile court is placed by order of the court within the care and custody or under the supervision of a social worker of the county where the dependent child resides and it appears to the court that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize medical, surgical, mental health, dental, or other remedial care or treatment for the dependent child, the court may, after due notice to the parent, guardian, or person standing in loco parentis, if any, order that the social worker may authorize the medical, surgical, mental health, dental, or other remedial care for the dependent child, by licensed practitioners, as necessary.

~~(d)~~

(e) Whenever it appears that a child otherwise within subdivision (a), (b), (c), or ~~(c)~~ (d) requires immediate emergency medical, surgical, mental health, or other remedial care in an emergency situation, that care may be provided by a licensed physician and surgeon or mental health provider, or, if the child needs dental care in an emergency situation, by a licensed dentist, without a court order and upon authorization of a social worker. The social worker shall make reasonable efforts to obtain the consent of, or to notify, the parent, guardian, or person standing in loco parentis prior to authorizing emergency medical, surgical, mental health, dental, or other remedial care. “Emergency situation,” for the purposes of this subdivision means a child requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical, mental health, dental, or other remedial condition or contagious disease which if not immediately diagnosed and treated, would lead to serious disability or death.

~~(e)~~

(f) In any case in which the court orders the performance of any medical, surgical, mental health, dental, or other remedial care pursuant to this section, the court may also make an order authorizing the release of information concerning that care to social workers, parole officers, or any other qualified individuals or agencies caring for or acting in the interest and welfare of the child under order, commitment, or approval of the court.

~~(f)~~

(g) Nothing in this section shall be construed as limiting the right of a parent, guardian, or person standing in loco parentis, who has not been deprived of the custody or control of the child by order of the court, in providing any medical, surgical, mental health, dental, or other remedial treatment recognized or permitted under the laws of this state.

~~(g)~~

(h) The parent of a ~~person~~ child described in this section may authorize the performance of medical, surgical, mental health, dental, or other remedial care provided for in this section notwithstanding ~~his or her~~ the child’s age or marital status. In nonemergency situations, the parent authorizing the care shall notify the other parent prior to the administration of that care.

~~(h)~~

(i) Nothing in this section shall be construed as limiting the rights of dependent children, pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, to consent to, among other things, the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, including contraception, abortion, and prenatal care, treatment of infectious, contagious, or communicable diseases, mental health treatment, and treatment for alcohol and drug abuse. If a dependent child is 12 years of age or older, ~~his or her~~ the child’s social worker is authorized to inform the child of ~~his or her~~ their right as a minor to consent to and receive those health services, as necessary. Social workers are authorized to provide dependent children access to age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections.

(j) Nothing in this section shall be construed to affect the application of Division 105 (commencing with Section 120100) of the Health and Safety Code with regard to communicable disease prevention and control.
(k) This section does not authorize a child to receive psychotropic medication without the consent of the child’s parent or guardian, or the court pursuant to Section 369.5.
(l) Nothing in this section shall be construed to supersede Section 319.1, 357, or 369.5, or Article 3 (commencing with Section 6550) of Chapter 2 of Part 2 of Division 6, with regard to the authorization for mental health services.
(m) Nothing in this section shall be construed to limit or expand the laws governing the confidentiality of medical records, the physician-patient privilege, or the psychotherapist-patient privilege.
(n) For purposes of this section, the following terms shall have the following meanings:
(1) “Mental health care” means the provision of mental health services, including assessment, treatment, or counseling, on an outpatient basis.
(2) “Mental health provider” has the same meaning as that term is defined in Section 865 of the Business and Professions Code.

SECTION 1.Section 727 of the Welfare and Institutions Code is amended to read:
727.
(a)(1)If a minor or nonminor is adjudged a ward of the court on the ground that the minor or nonminor is a person described by Section 601 or 602, the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor or nonminor, including medical treatment, subject to further order of the court.
(2)In the discretion of the court, a ward may be ordered to be on probation without supervision of the probation officer. The court, in so ordering, may impose on the ward any and all reasonable conditions of behavior as may be appropriate under this disposition. A minor or nonminor who has been adjudged a ward of the court on the basis of the commission of any of the offenses described in subdivision (b) or paragraph (2) of subdivision (d) of Section 707, Section 459 of the Penal Code, or subdivision (a) of Section 11350 of the Health and Safety Code, is not eligible for probation without supervision of the probation officer. A minor or nonminor who has been adjudged a ward of the court on the basis of the commission of an offense involving the sale or possession for sale of a controlled substance, except misdemeanor offenses involving marijuana, as specified in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, or of an offense in violation of Section 32625 of the Penal Code, shall be eligible for probation without supervision of the probation officer only if the court determines that the interests of justice would best be served and states reasons on the record for that determination.
~~(3)In all other cases, the court shall order the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer.~~
(4)It is the responsibility, pursuant to Section 672(a)(2)(B) of Title 42 of the United States Code, of the probation agency to determine the appropriate placement for the ward once the court issues a placement order. In determination of the appropriate placement for the ward, the probation officer shall consider any recommendations of the child and family. The probation agency may place the minor or nonminor in any of the following:
(A)The approved home of a relative or the approved home of a nonrelative, extended family member, as defined in Section 362.7. If a decision has been made to place the minor in the home of a relative, the court may authorize the relative to give legal consent for the minor’s medical, surgical, and dental care and education as if the relative caregiver were the custodial parent of the minor.
~~(B)A foster home, the approved home of a resource family, as defined in Section 16519.5, or a home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).~~
(C)A suitable licensed community care facility, as identified by the probation officer, except a youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(D)A foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, in a suitable certified family home or with a resource family.
(E)A minor or nonminor dependent may be placed in a group home vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations or a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code. The placing agency shall also comply with requirements set forth in paragraph (9) of subdivision (e) of Section 361.2, that includes, but is not limited to, authorization, limitation on length of stay, extensions, and additional requirements related to minors. For youth 13 years of age and older, the chief probation officer of the county probation department, or their designee, shall approve the placement if it is longer than 12 months, and no less frequently than every 12 months thereafter.
(F)(i)A minor adjudged a ward of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities. A state or local regulation or policy shall not prevent, or create barriers to, participation in those activities. Each state and local entity shall ensure that private agencies that provide foster care services to wards have policies consistent with this section and that those agencies promote and protect the ability of wards to participate in age-appropriate extracurricular, enrichment, and social activities. A short-term residential therapeutic program or a group home administrator, a facility manager, or their responsible designee, and a caregiver, as defined in paragraph (1) of subdivision (a) of Section 362.04, shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, in determining whether to give permission for a minor residing in foster care to participate in extracurricular, enrichment, and social activities. A short-term residential therapeutic program or a group home administrator, a facility manager, or their responsible designee, and a caregiver shall take reasonable steps to determine the appropriateness of the activity taking into consideration the minor’s age, maturity, and developmental level. For every minor placed in a setting described in subparagraphs (A) through (E), inclusive, age-appropriate extracurricular, enrichment, and social activities shall include access to computer technology and the internet.
(ii)A short-term residential therapeutic program or a group home administrator, facility manager, or their responsible designee, is encouraged to consult with social work or treatment staff members who are most familiar with the minor at the group home or short-term residential therapeutic program in applying and using the reasonable and prudent parent standard.
~~(G)For nonminors, an approved supervised independent living setting, as defined in Section 11400, including a residential housing unit certified by a licensed transitional housing placement provider.~~
(5)The minor or nonminor shall be released from juvenile detention upon an order being entered under paragraph (3), unless the court determines that a delay in the release from detention is reasonable pursuant to Section 737.
(b)(1)To facilitate coordination and cooperation among agencies, the court may, at any time after a petition has been filed, after giving notice and an opportunity to be heard, join in the juvenile court proceedings any agency that the court determines has failed to meet a legal obligation to provide services to a minor, for whom a petition has been filed under Section 601 or 602, to a nonminor, as described in Section 303, or to a nonminor dependent, as defined in subdivision (v) of Section 11400. In any proceeding in which an agency is joined, the court shall not impose duties upon the agency beyond those mandated by law. The purpose of joinder under this section is to ensure the delivery and coordination of legally mandated services to the minor. The joinder shall not be maintained for any other purpose. Nothing in this section shall prohibit agencies that have received notice of the hearing on joinder from meeting prior to the hearing to coordinate services.
(2)The court has no authority to order services unless it has been determined through the administrative process of an agency that has been joined as a party, that the minor, nonminor, or nonminor dependent is eligible for those services. With respect to mental health assessment, treatment, and case management services pursuant to an individualized education program developed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, the court’s determination shall be limited to whether the agency has complied with that chapter.
(3)For the purposes of this subdivision, “agency” means any governmental agency or any private service provider or individual that receives federal, state, or local governmental funding or reimbursement for providing services directly to a child, nonminor, or nonminor dependent.
(c)If a minor has been adjudged a ward of the court on the ground that the minor is a person described in Section 601 or 602, and the court finds that notice has been given in accordance with Section 661, and if the court orders that a parent or guardian shall retain custody of that minor either subject to or without the supervision of the probation officer, the parent or guardian may be required to participate with that minor in a counseling or education program, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court.
(d)(1)The juvenile court may direct any reasonable orders to the parents and guardians of the minor who is the subject of any proceedings under this chapter as the court deems necessary and proper to carry out subdivisions (a), (b), and (c), including orders to appear before a county financial evaluation officer, to ensure the minor’s regular school attendance, and to make reasonable efforts to obtain appropriate educational services necessary to meet the needs of the minor.
(2)If counseling or other treatment services are ordered for the minor, the parent, guardian, or foster parent shall be ordered to participate in those services, unless participation by the parent, guardian, or foster parent is deemed by the court to be inappropriate or potentially detrimental to the minor.
(e)The court may, after receipt of relevant testimony and other evidence from the parties, affirm or reject the placement determination. If the court rejects the placement determination, the court may instruct the probation department to determine an alternative placement for the ward, or the court may modify the placement order to an alternative placement recommended by a party to the case after the court has received the probation department’s assessment of that recommendation and other relevant evidence from the parties.