Bill Text: CA SB913 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: SB 913 AMENDED BILL TEXT 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, as amended, 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 alsoprovide that the officer may, if he or she first makes an unspecified effort,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 wouldadditionally authorize any followup treatment recommended by the physician as a result of the medical exam, if the minor remainspermit 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. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 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) Whenever any person is taken into temporary custody under Article 15 (commencing with Section 625), the probation officer may authorize a medical exam that complies with the regulations promulgated by the Corrections Standards Authority. If the person is in need of medical, surgical, dental, or otherremedial care, provided the probation officer first makes a reasonable effort,remedial care, and the probation officer has made a reasonable but unsuccessful effort to notify the parent, guardian, or person standing in loco parentis of the person, the probation officer may, upon the recommendation of the attending physician and surgeon or, if the person needs dental care and there is an attending dentist, the attending dentist, authorize the performance of that medical, surgical, dental, or other remedial care. The probation officermay also authorize any followup treatment recommended by the physician as a result of the medical exam, if the minor remains inalso may authorize additional treatment necessary for the health of the minor that is recommended by the physician as a result of the medical examination, provided that the minor remains in the temporary custody of the probation officer. The probation officer shall make reasonable efforts to notify and obtain the consent of the parent, guardian, or person standing in loco parentis of the person, if any, of the care found to be needed before the care is provided, and if the parent, guardian, or person standing in loco parentis objects, the care shall be given only upon order of the court in the exercise of its discretion. (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) 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. "Emergency situation," for the purposes of this subdivision 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 which if not immediately diagnosed and treated, would lead to serious disability or death. (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 make medical decisions pursuant to existing law.