BILL NUMBER: SB 543 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2009
AMENDED IN SENATE MAY 13, 2009
INTRODUCED BY Senator Leno
FEBRUARY 27, 2009
An act to amend Section 6924 of the Family Code, relating to
minors.
LEGISLATIVE COUNSEL'S DIGEST
SB 543, as amended, Leno. Minors: consent to mental health
treatment.
Existing law authorizes a minor who is 12 years of age or older to
consent to mental health treatment or counseling, except as
specified, on an outpatient basis, or to residential shelter
services, if two circumstances are satisfied. First, the
minor, in the opinion of the attending professional person, as
defined, must be mature enough to participate intelligently in the
outpatient services or residential shelter services. Second, the
minor must present a danger of serious physical or mental harm to
himself or herself, or others, without the mental health treatment or
counseling or residential shelter services, or be the alleged victim
of incest or child abuse as specified .
Existing law also requires that a professional person offering
residential shelter services make his or her best efforts to notify
the parent or guardian of the provision of those services. These
provisions also require that the mental health treatment or
counseling of a minor include the involvement of the minor's parent
or guardian unless, in the opinion of the professional person who is
treating or counseling the minor, the involvement would be
inappropriate. Existing law defines a professional person for
purposes of these provisions to include, among other persons, the
chief administrator of a governmental or other agency, as specified.
This bill would instead authorize a minor who is 12 years
of age or older to consent to mental health treatment or counseling
on an outpatient basis, or to residential shelter services, if either
circumstance described above is satisfied. The bill would
expand the definition of a professional person to include a licensed
clinical social worker, as specified. The bill would provide
that a chief administrator may only provide mental health treatment
or counseling to a minor if he or she is a licensed professional, as
specified. The bill would qualify the requirement that a
professional person offering residential shelter services make his or
her best efforts to notify the parent or guardian of the provision
of those services to a minor pursuant to this provision by providing
that notification of a minor's parent or guardian shall not be
required when the minor is receiving outpatient mental health
treatment or counseling services. The bill would also revise
the latter provision to require that the mental health
treatment or counseling of a minor pursuant to these provisions
include the involvement of the minor's parent or guardian unless the
professional person who is treating or counseling the minor, after
consulting with the minor, determines that the involvement would be
inappropriate.
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 6924 of the Family Code is amended to read:
6924. (a) As used in this section:
(1) "Mental health treatment or counseling services" means the
provision of mental health treatment or counseling on an outpatient
basis by any of the following:
(A) A governmental agency.
(B) A person or agency having a contract with a governmental
agency to provide the services.
(C) An agency that receives funding from community united funds.
(D) A runaway house or crisis resolution center.
(E) A professional person, as defined in paragraph (2).
(2) "Professional person" means any of the following:
(A) A person designated as a mental health professional in
Sections 622 to 626, inclusive, of Article 8 of Chapter 3 of Division
1 of Title 9 of the California Code of Regulations.
(B) A marriage and family therapist as defined in Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code.
(C) A licensed educational psychologist as defined in Chapter 13.5
(commencing with Section 4989.10) of Division 2 of the Business and
Professions Code.
(D) A credentialed school psychologist as described in Section
49424 of the Education Code.
(E) A clinical psychologist as defined in Section 1316.5 of the
Health and Safety Code.
(F) A licensed clinical social worker as defined in Chapter 14
(commencing with Section 4991) of Division 2 of the Business and
Professions Code.
(G) The chief administrator of an agency referred to in paragraph
(1) or (3). However, a chief administrator may only provide mental
health treatment or counseling to a minor if he or she is one of the
licensed professionals described in subparagraphs (A) to (F),
inclusive.
(H) A marriage and family therapist registered intern, as defined
in Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, while working under the supervision of
a licensed professional specified in subdivision (f) of Section
4980.40 of the Business and Professions Code as that subdivision read
on January 1, 2003.
(3) "Residential shelter services" means any of the following:
(A) The provision of residential and other support services to
minors on a temporary or emergency basis in a facility that services
only minors by a governmental agency, a person or agency having a
contract with a governmental agency to provide these services, an
agency that receives funding from community funds, or a licensed
community care facility or crisis resolution center.
(B) The provision of other support services on a temporary or
emergency basis by any professional person as defined in paragraph
(2).
(b) A minor who is 12 years of age or older may consent to mental
health treatment or counseling on an outpatient basis, or to
residential shelter services, if either both
of the following requirements are satisfied:
(1) The minor, in the opinion of the attending professional
person, is mature enough to participate intelligently in the
outpatient services or residential shelter services.
(2) The minor (A) would present a danger of serious physical or
mental harm to self or to others without the mental health treatment
or counseling or residential shelter services, or (B) is the alleged
victim of incest or child abuse and the minor, in the
opinion of the attending professional person, is mature enough to
participate intelligently in the outpatient services or residential
shelter services. .
(c) A professional person offering residential shelter services
whether as an individual or as a representative of an entity
specified in paragraph (3) of subdivision (a), shall make his or her
best efforts to notify the parent or guardian of the provision of
services.
(d) Notwithstanding subdivision (c), notification of a minor's
parent or guardian shall not be required when the minor is receiving
outpatient mental health treatment or counseling services.
(e) The mental health treatment or counseling of a minor
authorized by this section shall include involvement of the minor's
parent or guardian, unless the professional person who is treating or
counseling the minor, after consulting with the minor, determines
that the involvement would be inappropriate. The professional person
who is treating or counseling the minor shall state in the client
record whether and when the person attempted to contact the minor's
parent or guardian, and whether the attempt to contact was successful
or unsuccessful, or the reason why, in the professional person's
opinion, it would be inappropriate to contact the minor's parent or
guardian.
(f) The minor's parents or guardian are not liable for payment for
mental health treatment or counseling services provided pursuant to
this section unless the parent or guardian participates in the mental
health treatment or counseling, and then only for services rendered
with the participation of the parent or guardian. The minor's parents
or guardian are not liable for payment for any residential shelter
services provided pursuant to this section unless the parent or
guardian consented to the provision of those services.
(g) This section does not authorize a minor to receive convulsive
therapy or psychosurgery as defined in subdivisions (f) and (g) of
Section 5325 of the Welfare and Institutions Code, or psychotropic
drugs without the consent of the minor's parent or guardian.