Bill Text: CA SB913 | 2011-2012 | Regular Session | Chaptered
Bill Title: Juvenile offenders: medical care.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-09-06 - Chaptered by Secretary of State. Chapter 256, Statutes of 2011. [SB913 Detail]
Download: California-2011-SB913-Chaptered.html
BILL NUMBER: SB 913 CHAPTERED
BILL TEXT
CHAPTER 256
FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2011
APPROVED BY GOVERNOR SEPTEMBER 6, 2011
PASSED THE SENATE AUGUST 22, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN ASSEMBLY JUNE 27, 2011
AMENDED IN SENATE APRIL 14, 2011
AMENDED IN SENATE MARCH 29, 2011
INTRODUCED BY Senator Pavley
FEBRUARY 18, 2011
An act to amend Section 739 of the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 913, Pavley. Juvenile offenders: medical care.
Under existing law, when a minor is taken into temporary custody
and is in need of medical, surgical, dental, or other remedial care,
the probation officer may authorize the performance of that care, as
specified. Existing law requires the probation officer to notify the
minor's parent or guardian prior to the provision of the medical
care.
This bill would additionally permit a probation officer to
authorize a medical exam that complies with the regulations
promulgated by the Corrections Standards Authority, without regard to
the minor's need for medical care. The bill would also permit the
probation officer to authorize the performance of reasonable medical
or dental care if the minor is in need of the care and upon the
recommendation of the attending physician or dentist, as specified.
The bill would permit the probation officer to authorize additional
treatment necessary for the health of the minor and recommended by
the physician if the minor remains in the temporary custody of the
probation officer. This bill would also require the probation officer
to make reasonable efforts to notify and obtain the consent of the
minor's parent or guardian prior to the provision of the medical or
dental care.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 739 of the Welfare and Institutions Code is
amended to read:
739. (a) Upon referral to the probation officer of a minor who
has been taken into temporary custody under Section 625, the
probation officer may authorize a medical examination that complies
with regulations adopted by the Corrections Standards Authority. If
the minor is retained in custody by the probation officer, and prior
to the court detention hearing required under Section 632, the
probation officer may authorize medical or dental treatment or care
based on the written recommendation of the examining physician and
considered necessary for the health of the minor. No treatment or
care under this subdivision may be authorized by the probation
officer unless the probation officer has made a reasonable effort to
notify and to obtain the consent of the parent, guardian, or person
standing in loco parentis for the minor, and, if the parent,
guardian, or person standing in loco parentis objects, the treatment
or care shall be given only upon order of the court in the exercise
of its discretion. The probation officer shall document the efforts
made to notify and obtain parental consent under this subdivision and
shall enter this information into the case file for the minor.
(b) Whenever it appears to the juvenile court that any person
concerning whom a petition has been filed with the court is in need
of medical, surgical, 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, the court, upon the written recommendation of a
licensed physician and surgeon or, if the person 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,
dental, or other remedial care for that person.
(c) Whenever a person is placed by order of the juvenile court
within the care and custody or under the supervision of the probation
officer of the county in which the person 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, dental, or other remedial care or treatment for the
person, the court may, after due notice to the parent, guardian, or
person standing in loco parentis, if any, order that the probation
officer may authorize the medical, surgical, dental, or other
remedial care for the person by licensed practitioners, as may from
time to time appear necessary.
(d) (1) Whenever it appears that a minor otherwise within
subdivision (a), (b), or (c) requires immediate emergency medical,
surgical, or other remedial care in an emergency situation, that care
may be provided by a licensed physician and surgeon or, if the minor
needs dental care in an emergency situation, by a licensed dentist,
without a court order and upon authorization of a probation officer.
If the minor needs foot or ankle care within the scope of practice of
podiatric medicine, as defined in Section 2472 of the Business and
Professions Code, a probation officer may authorize the care to be
provided by a podiatrist after obtaining the advice and concurrence
of a physician and surgeon. The probation officer 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, dental, or other remedial
care.
(2) For purposes of this subdivision, "emergency situation" means
a minor requires immediate treatment for the alleviation of severe
pain or an immediate diagnosis and treatment of an unforeseeable
medical, surgical, dental, or other remedial condition or contagious
disease that, if not immediately diagnosed and treated, would lead to
serious disability or death. An emergency situation also includes
known conditions or illnesses that, during any period of secure
detention of the minor by the probation officer, require immediate
laboratory testing, medication, or treatment to prevent an imminent
and severe or life-threatening risk to the health of the minor.
(e) In any case in which the court orders the performance of any
medical, surgical, 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 probation officers, parole
officers, or any other qualified individuals or agencies caring for
or acting in the interest and welfare of the minor under order,
commitment, or approval of the court.
(f) 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 minor by
order of the court, in providing any medical, surgical, dental, or
other remedial treatment recognized or permitted under the laws of
this state.
(g) The parent of any person described in this section may
authorize the performance of medical, surgical, dental, or other
remedial care provided for in this section notwithstanding his or her
age or marital status. In nonemergency situations the parent
authorizing the care shall notify the other parent prior to the
administration of the care.
(h) Nothing in this section shall be construed to interfere with a
minor's right to authorize or refuse medical, surgical, dental, or
other care when the minor's consent for care is sufficient or
specifically required pursuant to existing law, or to interfere with
a minor's right to refuse, verbally or in writing, nonemergency
medical and mental health care.
