represents Evans’ third effort in as many years to reform the process through which foster youth are prescribed psychotropic drugs. AB 82 would establish the following safeguards when courts consider such prescriptions. The bill:
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Requires the presiding physician to have concluded a medical examination of the child
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Requires juvenile court judges authorizing prescriptions to make findings that (1) the child and caregiver have been informed about the recommended medications, the side effects, and any other recommended treatment (2) that the child has been informed of his or her right to request a hearing on the issue and (3) a plan is in place for the presiding physician to monitor the prescription;
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Requires the child to be in court when the prescription is considered, unless the child waives this right; and
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Authorizes the court to inquire about (1) the effectiveness of the medication (2) any behavioral changes and possible side effects (3) any statements of concern from the child about the medication.
In testimony provided before the Select Committee on Foster Care in 2006, of which Evans was a founding member, some youth reported being put on medications when they were as young as age 4 or 5. Youth reported serious side effects and receiving little or no monitoring of the effectiveness of their medications, nor efforts to mitigate side effects. Other youth indicated that they did not receive effective therapy that could have reduced or eliminated the need for medication. Furthermore, youth noted they were not given information about the purpose or potential side effects of their medications, and had no opportunity to participate in decisions regarding their medication and other mental health treatment.
AB 82 is supported by the California Youth Connection, Family Law Section of the State Bar of California, the Junior Leagues of California, Western Center on Law and Poverty, and the Youth Law Center. It moves to the Assembly Judiciary Committee for further review. |
