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Title
Juvenile Law: Psychotropic Medication (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee proposed amending rule 5.640 of the California Rules of Court, approving two optional forms, adopting two mandatory forms, revising five forms, and revising and renumbering one form to conform to recent statutory changes to the requirements for court authorization of psychotropic medication for foster children enacted by Senate Bill 238 (Mitchell; Stats. 2015, ch. 534).
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Recommendation
Recommendation
The committee recommended several actions to implement five amendments to the Welfare and Institutions Code that require the Judicial Council to develop rules and forms.
1. Newly enacted sections 369.5(a)(2)(B)(i) and 739.5(a)(2)(B)(i) require the Judicial Council to develop rules and forms to ensure that the child and his or her caregiver and court-appointed special advocate volunteer (CASA), if any, have an opportunity to provide input on the medications being prescribed. To implement this requirement, the Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective July 1, 2016:
a. Amend rule 5.640(c) to allow the child, caregiver, CASA, parents, and Indian child's tribe to provide input to the court by the proposed new Child's Statement About Psychotropic Medication (form JV-218) or Statement About Psychotropic Medication (form JV-219); submission of a letter; talking to the judge at a hearing; or through the social worker, probation officer, lawyer, or CASA. Input from the CASA would also be allowed by a court report;
b. Approve for optional use Child's Statement About Psychotropic Medication (form JV- 218);
c. Approve for optional use Statement About Psychotropic Medication (form JV-219);
d. Revise Application for Psychotropic Medication (form JV-220) with several questions that the social worker or probation officer must answer when filling out the form;
e. Further a...
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