BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 543| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 543 Author: Leno (D) Amended: 6/1/09 Vote: 21 SENATE JUDICIARY COMMITTEE : 3-0, 5/5/09 AYES: Corbett, Florez, Leno NO VOTE RECORDED: Harman, Walters SENATE APPROPRIATIONS COMMITTEE : 7-3, 5/28/09 AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza, Yee NOES: Cox, Denham, Walters NO VOTE RECORDED: Runner, Wolk, Wyland SUBJECT : Minors: consent to mental health treatment SOURCE : National Association of Social Workers Mental Health America of Northern California Equality California GSA Network DIGEST : This bill authorizes 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 specified conditions are met. ANALYSIS : 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, CONTINUED SB 543 Page 2 or to residential shelter services, if two circumstances are satisfied. First, the minor, in the opinion of the attending professional person, 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 treatment counseling, or be the alleged victim of incest or child abuse. (Family Code Section 6924.) Existing law 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. (Family Code Section 6924.) Existing law provides that the mental health treatment or counseling of a minor must 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. (Family Code Section 6924.) This bill provides that a professional person offering residential shelter services shall make his or her best efforts to notify the parent or guardian of the provision of services. This bill provides that the notification of a minor's parent or guardian shall not be required when the minor is receiving outpatient mental health treatment or counseling services. This bill requires that the mental health treatment or counseling of a minor 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. Under existing law, the chief administrator of an agency that offers mental health treatment or counseling on an outpatient basis, or residential shelter services is considered a "professional person" authorized to make decisions with respect to a minor's mental health treatment CONTINUED SB 543 Page 3 or counseling. (Family Code Section 6924.) However, existing law does not require that an agency administrator actually be licensed in order to provide mental health treatment to minors. The bill provides that a chief administrator may only provide mental health treatment or counseling to a minor if he or she is one of the licensed professionals enumerated in Section 6924, subsection (3), subdivisions (A-F). The bill also adds licensed clinical social workers regulated under the Business and Professions Code and one qualified to offer mental health treatment and counseling. Background In 2004, California voters passed Proposition 63, the Mental Health Services Act (MHSA), which provides increased funding, personnel, and other resources to support county mental health programs and monitor progress toward statewide goals or children, adolescent youth, adults, and families. The MHSA imposed a one percent income tax on personal income in excess of $1 million. Community stakeholders groups consisting of consumers, families, and service organizations have met to identify barriers to consumer populations not only for MHSA programs, but for all mental health services. This bill seeks to address the identified barrier of parental consent for youth seeking mental health services. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/1/09) National Association of Social Workers (co-source) Mental Health America of Northern California (co-source) Equality California (co-source) GSA Network (co-source) California Association of Marriage and Family Therapists California Communities United Institute California Primary Care Association California Youth Empowerment Network CONTINUED SB 543 Page 4 Children's Law Center of Los Angeles Disability Rights California NAMI California San Francisco Family and Child Guidance Clinic State Board of Equalization Chairwoman Betty T. Yee ARGUMENTS IN SUPPORT : According to the author's office, parental consent for mental health services can create a barrier, especially in prevention and early intervention programs where the youth may not be experiencing serious physical or mental harm. The author's office asserts that this barrier is especially harmful to certain populations of youth including lesbian, gay, bisexual, and transgender youth, youth from abusive or neglectful homes, youth from immigrant families, homeless youth, and youth whose cultural backgrounds do not condone mental health services. The author's office states that this bill will help ensure that youth do not have to wait until their mental health deteriorates, and their safety is compromised by suicide, substance abuse, or violence to receive services. RJG:cm 6/2/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED