California 2009-2010 Regular Session Status: To Executive

AB 82 — Dependent children: psychotropic medications.

Last action — Consideration of Governor's veto stricken from file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child or a ward who has been removed from the physical custody of his or her parent. Existing law requires court authorization except in an emergency situation, as specified, for the administration of psychotropic medication to be based on a request from a physician, indicating the reasons for the request, a description of the child's or ward's diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Existing law requires the officer to approve or deny the request for authorization to administer psychotropic medication, or set the matter for hearing, as specified, within 7 court days. This bill would, in a pilot project operative only until January 1, 2013, in 3 counties that are selected by the State Department of Social Services in consultation with the Judicial Council and 2 other specified entities, expand the authority of a juvenile court judicial officer to make orders regarding the administration of psychotropic medications to include a dependent child or ward who has been removed from the physical custody of his or her parent or guardian, or a child who has been removed from the physical custody of a parent or guardian pending adjudication as a dependent child. The pilot project would require the physician submitting the request for psychotropic medication to have conducted an examination of the child or ward. The pilot project would require the request to indicate additional information, including the child's medical history and a description of any clinically indicated therapy recommended for the child to participate in during the 6-month period until the next court review of the psychotropic medication. The pilot project would require the juvenile court judicial officer, before authorizing the administration of psychotropic medication, to make certain findings, including that the child's or ward's caregiver has been informed, and the child or ward has been informed in an age and developmentally appropriate manner, about the recommended medications, the anticipated benefits, the nature, degree, duration, and probability of side effects and significant risks, and any other recommended treatments, that the child or ward has been informed of the right to request a hearing, and that a plan is in place for regular monitoring of the medication, as specified. The pilot project would require a dependent child or ward to be present in court for any hearing on the request for authorization to administer psychotropic medication, except as specified. The pilot project would authorize the court to inquire about specified information in any proceeding in the juvenile court following court authorization for the administration of psychotropic medication to a child or ward. The bill would require the State Department of Social Services, after consultation with the State Department of Mental Health, to report to the Legislature regarding the pilot project before July 1, 2013, as specified. The bill would require the Judicial Council to adopt rules and forms to implement these provisions on or before July 1, 2010. These provisions would remain in effect until January 1, 2014.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 5 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 79. Noes 0. Page 3285.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time, passed, and to Assembly. (Ayes 37. Noes 0. Page 2314.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Read second time. To third reading.

  11. (received by desk August 28, 2009 pursuant to JR61(a)(11))

  12. From committee: Do pass. (Ayes 13. Noes 0.) (August 27).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  14. In committee: Placed on Appropriations suspense file.

  15. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (July 14).

  16. In committee: Hearing postponed by committee.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  18. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 4. Noes 0.) (June 23).

  19. Referred to Coms. on HUMAN S. and JUD.

  20. In Senate. Read first time. To Com. on RLS. for assignment.

  21. Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1988.)

  22. Read second time. To third reading.

  23. Read second time and amended. Ordered returned to second reading.

  24. From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).

  25. In committee: Set, first hearing. Referred to APPR. suspense file.

  26. Re-referred to Com. on APPR.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  28. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 10. Noes 0.) (March 31).

  29. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 7. Noes 0.) (March 24).

  30. Referred to Coms. on HUM. S. and JUD.

  31. Read first time.

  32. From printer. May be heard in committee January 23.

  33. Introduced. To print.

Sponsors

  • Alquist · Cosponsor
  • Brownley · Cosponsor
  • Jones · Cosponsor
  • Evans · Primary
  • Fuentes · Cosponsor
  • Huffman · Cosponsor
  • Niello · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 115 not signed on

Sponsors (1)

  • Evans

Co-sponsors (6)

  • Alquist
  • Brownley
  • Jones
  • Fuentes
  • Huffman
  • Niello

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 82 Evans Concurrence in Senate Amendments

Passed 91 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 85001
Democratic 3000
Republican 3000
Total 91001
% of votes cast 99%0%0%1%
How each member voted (92)
Member Party Vote
Hall — Yea
Eng — Yea
Carter — Yea
Feuer — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Adams — Yea
Anderson — Yea
Beall — Yea
Coto — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Bass — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Jeffries — Yea
Krekorian — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Duvall — Not Voting
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB82 Evans By Alquist

Passed 38 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 35003
Democratic 2000
Republican 1000
Total 38003
% of votes cast 93%0%0%7%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Cogdill — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Ducheny — Yea
Oropeza — Not Voting
Pavley — Not Voting
Ashburn — Yea
Dutton — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Benoit — Yea
Kehoe — Yea
Maldonado — Yea
Steinberg — Yea
Cedillo — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Yea
Hancock — Yea
Leno — Yea
Corbett — Yea
Oropeza — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Cox — Yea
Denham — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Corbett — Yea
Hancock — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Wyland — Yea
Runner — Yea
Kehoe — Yea
Walters — Yea
Wolk — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 82 EVANS Assembly Third Reading

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 83003
Democratic 3000
Republican 3000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Conway — Yea
Cook — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Duvall — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Bill — Not Voting
Fuentes — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Blakeslee — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hayashi — Yea
Huffman — Yea
Jeffries — Yea
Logue — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Torrico — Yea
Emmerson — Yea
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Fuentes — Yea
Duvall — Yea
Harkey — Yea
Miller — Yea
Nielsen — Yea
Torlakson — Yea
Ammiano — Yea
Krekorian — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does AB 82 do?
Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child or a ward who has been removed from the physical custody of his or her parent. Existing law requires court authorization except in an emergency situation, as specified, for the administration of psychotropic medication to be based on a request from a physician, indicating the reasons for the request, a description of the child's or ward's diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Existing law requires the officer to approve or deny the request for authorization to administer psychotropic medication, or set the matter for hearing, as specified, within 7 court days. This bill would, in a pilot project operative only until January 1, 2013, in 3 counties that are selected by the State Department of Social Services in consultation with the Judicial Council and 2 other specified entities, expand the authority of a juvenile court judicial officer to make orders regarding the administration of psychotropic medications to include a dependent child or ward who has been removed from the physical custody of his or her parent or guardian, or a child who has been removed from the physical custody of a parent or guardian pending adjudication as a dependent child. The pilot project would require the physician submitting the request for psychotropic medication to have conducted an examination of the child or ward. The pilot project would require the request to indicate additional information, including the child's medical history and a description of any clinically indicated therapy recommended for the child to participate in during the 6-month period until the next court review of the psychotropic medication. The pilot project would require the juvenile court judicial officer, before authorizing the administration of psychotropic medication, to make certain findings, including that the child's or ward's caregiver has been informed, and the child or ward has been informed in an age and developmentally appropriate manner, about the recommended medications, the anticipated benefits, the nature, degree, duration, and probability of side effects and significant risks, and any other recommended treatments, that the child or ward has been informed of the right to request a hearing, and that a plan is in place for regular monitoring of the medication, as specified. The pilot project would require a dependent child or ward to be present in court for any hearing on the request for authorization to administer psychotropic medication, except as specified. The pilot project would authorize the court to inquire about specified information in any proceeding in the juvenile court following court authorization for the administration of psychotropic medication to a child or ward. The bill would require the State Department of Social Services, after consultation with the State Department of Mental Health, to report to the Legislature regarding the pilot project before July 1, 2013, as specified. The bill would require the Judicial Council to adopt rules and forms to implement these provisions on or before July 1, 2010. These provisions would remain in effect until January 1, 2014.
Who sponsors AB 82?
AB 82 is sponsored by Alquist, Brownley, Jones, Evans, Fuentes, Huffman, and Niello.
What is the current status of AB 82?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 82?
Track AB 82 free on One Click Politics — get push/email alerts when it moves.

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