San Mateo — 13-120

Source: https://sanmateo.courts.ca.gov/system/files/13-120.pdf

JOHN C. BEIERS, COUNTY COUNSEL (SBN 144282) By : Judith A. Holiber, Deputy (SBN 180619) 2 Hall of Justice and Records 400 County Center, 6 th Floor 3 Redwood City , CA 94063 Clerk 0 Telephone: (650) 363-4747 __ 4 Facsimile: (650) 363-4034

5 Attorneys for Human Services Agency/Children & Family Services 6 County of San Mateo

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8 IN TH E SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 IN AND FOR THE COUNTY OF SAN MATEO

10 IN SESSION AS A JUVENILE CO URT 011 13- /v2.

12 STANDING ORDER AUTHORIZING ROUTINE MEDICAL, MENTAL HEALTH, 13 AND DENTAL TREATMENT FOR CHILDREN AND YOUTH IN TEMPORARY 14 AND OUT OF HOME PLACEMENT; RELEASE OF INFORMATION 15

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17 The Court finds that when there is no parent, guardian, or person standing in loco parentis capable

18 or willing to authorize routine medical , mental health, and dental treatment, for children and youth taken

19 into temporary custody and supervised by Children and Family Services of San Mateo County, that there

20 is a need for a court order to authorize consent for these children and youth to receive routine medical,

21 mental, health, and dental treatment.. Children and youth taken into temporary custody include those pre

22 detention and those post detention awaiting jurisdiction orders. These children and youth may be

23 detained at the San Mateo County Receiving Home, Excell Readiness Center, in the care of a relative or

24 non-related extended family member, foster care , or in an emergency shelter home. These children and

25 youth would benefit from prompt provision of routine medical, mental health, and dental treatment to

26 maintain and enhance their physical and mental health and well -being, and address immediate issues .

27 Delay in treatment for these children and youth would be detrimental to their well-being and , in some

28 cases, even life-threatening.

Case No. ORDER AUTHORIZING MEDICAL CARE AND TREATMENT

Based upon these findings, the Court hereby makes the following Standing Order:

2 1. The San Mateo County Hospital System and any other licensed health care facility or

3 provider, including a hospital, clinic, physician, dentist or other licensed provider, are hereby

4 authorized to provide the following services to children and youth in temporary out-of-home placements:

5 (a) A comprehensive health assessment and physical examination, including a mental status

6 evaluation, in order to ensure the health, safety, and well-being of the child, as well as the health and

7 welfare of other persons. The assessment may include a medical history which is as complete as

8 possible, a physical examination by a licensed medical practitioner, and a developmental evaluation.

9 (b) Limited, non-intrusive diagnostic tests that the physician determines are necessary for the

10 evaluation of the minor's health status. Non-intrusive diagnostic tests include: limited blood tests, x-

11 rays, CAT scans, etc.

12 (c) Clinical laboratory tests that the physician determines are necessary for the evaluation of

13 the child's health status.

14 (d) Hospitalization for an emergent or urgent medical condition in a licensed hospital.

15 (e) Administration of routine medications (such as analgesics, insulin, cold medication or

16 antibiotics) , excluding psychotropic medication and excluding any medication with potentially serious

17 side effects and any experimental medication.

18 (f) First aid care for conditions which require immediate assistance from a person trained in

19 basic first aid as defined by the American Red Cross or its equivalent.

20 (g) Upon consent of a minor, sexually active minors may be screened for venereal disease.

21 Contraceptive devices may be furnished to any minor upon the minor's request and without a parent's

22 consent.

23 (h) An optical assessment and receipt of necessary corrective lenses.

24 (i) A dental assessment, including x-rays when appropriate, and any ordinary dental

25 treatment required based upon the results of the dental assessment.

26 A mental health status evaluation by a licensed psychiatrist or psychologist or other

27 mental health professional, including for purposes of a psychotropic medication consult (see Paragraph

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Case No . 2
ORDER AUTHORIZING MEDICAL CARE AND TREATMENT

4(d) below.)

2 (k) Mental health counseling services.

3 (1) Stitches for cuts and casts for broken bones.

4 (m) Immunizations may be given except if a parent objects to the child receiving

5 immunizations, then no immunizations shall be administered without a Court order. If no parent is

6 available to give consent, then no immunization may be given until the following conditions have been

7 met and seven days have elapsed since the child 's admission to custody. Immunizations may be given as

8 follows:

9 1. Any standard childhood immunizations recommended by the American Academy

lO of Pediatrics necessary to bring a child 's immunizations up-to-date.

11 11. Any immunization for any illness for which the San Mateo County Public Health

12 Department has declared a local emergency pursuant to Government Code section 8630.

13 (n) No immunizations pursuant to subparagraphs (m)(i) and (m)(ii) above shall be

14 administered before:

15 1. Making a reasonable attempt to obtain parental consent;

16 11 . Checking the appropriate County immunization registry;

17 111. Contacting the child's pediatrician if known and , if the child is of school age,

18 contacting the child 's school for immunization records.

19 2. Children and Family Services ' social workers are authorized to sign necessary

20 documentation and consent forms, including school medical consent forms, for provision of the services

21 set forth in Paragraph One above in accordance with their departmental procedures.

22 3. Information concerning any health care provided pursuant to this order may be released to

23 the Department, the child 's attorney (if any), other health care providers, Regional Centers, or schools if

24 needed for treatment, treatment planning, counseling, and/or educational purposes consistent with

25 promoting the child's physical and emotional well-being, before or after the detention hearing, and

26 throughout the course of the dependency proceedings.

27 4. The following services and treatment shall NOT be administered without the provider

28 obtaining appropriate informed legal consent from a parent or guardian or a court order:

Case No. 3
ORDER AUTHORIZING MEDICAL CARE AND TREATMENT

(a) Surgery or invasive diagnostic and clinical tests (except under emergency conditions).

2 (b) Blood Transfusions.

3 (c) Administration of anesthesia.

4 (d) Administration of psychotropic medication.

5 (e) Administration of any medication commonly associated with potentially serious side

6 effects or experimental medication.

7 (f) A forensic psychological evaluation for use in court.

8 (g) Any treatment not set forth in Paragraph One above.

9 5. In the event non-routine care is warranted, the social worker shall make all reasonable

10 efforts to obtain parental consent. If the parent objects or if the social worker is unable to locate a parent,

11 the social worker may seek a court order authorizing such non-routine care. This Order does not preclude

12 or affect the provision of treatment and care when there is an emergency, or treatment is authorized under

13 minor's consent laws . (Health & Safety Code, § 1317 ; Welf. & Inst. Code, § 369(d); Bus. & Prof. Code §

14 2397; and Fam. Code, § 6920 et seq.)

15 6. All mental health hospitalizations must occur in compliance with the Lanterman-Petris-

16 Short (LPS) Act. (Welf. & Inst. Code, §§ 319.1, and 5150 et seq.)

17 7. Only to the extent necessary to allow responsibility for payment to be determined and

18 payment to be made for treatment rendered pursuant to this Order, relevant information may be disclosed

19 to any insurer, employer, health care service plan, hospital service plan, employee benefit plan,

20 governmental authority administering governmental benefits, or any other person or entity responsible

21 for paying for health care services rendered to the patient.

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ORDER AUTHORlZfNG MEDICAL CARE AND TREATMENT

8 . T his Order shall be a Standin g Order o f this Court and s hall be applicable to all children

2 w ho are placed in t emporary c ustody in San M ateo County pursuant to W & I C ode §§ 305 et seq. ,

3 re gardles s o f whether a petition under W & I Code § 300 is thereafter filed . This Order is effective

4 immediatel y, and shall remain in effect unle ss s uperseded or rescinded b y s ubsequent order.

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7 8 DA 2013 Honorable Susan Etezadi 9 Supervising Judge of the Superior Court Juvenile Dependency 10

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ORDER AUTHORlZING MEDICAL C ARE AND TREATMENT