BILL ANALYSIS
SB 543
Page 1
SENATE THIRD READING
SB 543 (Leno)
As Amended August 20, 2010
Majority vote
SENATE VOTE :22-12
JUDICIARY 7-3
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|Ayes:|Feuer, Brownley, Evans, | | |
| |Jones, Krekorian, Lieu, | | |
| |Monning | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Tran, Knight, Silva | | |
| | | | |
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SUMMARY : Expands the rights of minors to receive outpatient
mental health treatment or counseling services. Specifically,
this bill :
1)Defines "professional person" who can provide mental health
treatment or counseling services to a minor age 12 or over
pursuant to this legislation to include:
a) A designated mental health professional under specified
regulations;
b) A marriage and family therapist, as defined;
c) A licensed educational psychologist, as defined;
d) A credentialed school psychologist, as defined;
e) A clinical psychologist, as defined;
f) A licensed clinical social worker, as defined;
g) A marriage and family therapist registered intern, as
defined, working under the supervision of a licensed
professional, as defined; and,
h) A board certified, or board eligible, psychiatrist.
2)Notwithstanding any other provision of law, authorizes a minor
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who is 12 years of age or older to consent to outpatient mental
health treatment or counseling, if the minor, in the opinion of
the attending professional person, is mature enough to
participate intelligently in the mental health treatment or
counseling services.
3)Provides that the mental health treatment or counseling
authorized by this bill shall include involvement of the minor's
parent or guardian, unless the professional person, who is
treating the minor, after consulting with the minor, determines
that such involvement would be inappropriate. Requires the
professional person to state in the client's record about the
contacts with the parent or guardian or why such contact is
inappropriate.
4)Provides that the minor's parent or guardian is not liable of
payment for the mental health treatment or counseling provided
by this bill, unless the parent or guardian participates in the
treatment or counseling and then only for such services rendered
with that participation.
5)Specifies that this bill does not authorize a minor to receive
convulsive therapy or psychosurgery, as defined, or psychotropic
drugs without the consent of the minor's parent or guardian.
6)Provides that the expansion of the rights of minors to receive
outpatient mental health treatment or counseling services
without parental consent permitted by this bill does not apply
to the receipt of benefits under the Medi-Cal program.
EXISTING LAW :
1)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 the
following two conditions are satisfied:
a) The minor, in the opinion of the attending professional
person, is mature enough to participate intelligently in the
outpatient services or residential shelter services; and,
b) The minor presents a danger of serious physical or mental
harm to himself or herself, or others, without the treatment,
counseling, or residential shelter services, or the minor is
an alleged victim of incest or child abuse.
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2)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.
3)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.
4)Defines "professional person" who may provide mental health
treatment or counseling to minors.
FISCAL EFFECT : None
COMMENTS : 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 for
children, adolescents, adults, and families. Community
stakeholder groups consisting of consumers, families, and service
organizations identified various barriers to various populations
accessing not only for MHSA programs, but for all mental health
services. The groups identified that, among other things,
requiring parental consent when a youth seeks mental health
counsel or treatment is a barrier to the youth getting needed
assistance. This bill, sponsored by the National Association of
Social Workers, California Chapter, Mental Health America of
Northern California, GSA Network and Equality California, seeks to
address that barrier to needed services.
According to the author, 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 asserts that this
barrier is especially harmful to certain populations of youth from
abusive or neglectful homes, lesbian, gay, bisexual, and
transgender youth, youth from immigrant families, homeless youth,
and youth whose cultural backgrounds do not condone mental health
services. The author 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 needed services.
Under existing law, minors age 12-17 may consent to mental health
treatment or counseling without parental involvement in particular
instances. The minor must be mature enough to participate
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intelligently in the treatment or counseling, and present a danger
of serious physical or mental harm to self or others, or be the
alleged victim of incest or child abuse. This exception to the
general requirement of parental consent is fairly narrow in scope.
This bill expands the existing precedent in current law slightly
to allow youth to consent to outpatient mental health treatment if
the attending professional believes the youth is mature enough to
participate intelligently in the services. Accessibility to
mental health treatment or counseling can be critical to youth who
are struggling with difficult, emotionally-damaging life
circumstances. Early intervention, evaluation, and counseling can
make a crucial difference in the mental well-being of a minor. It
seems at odds with the public policy of the state to require
minors to reach a state of crisis before allowing them to seek
treatment without the consent of their parents, especially when
the parents themselves may be contributing to the minor's mental
distress. Allowing minors who are mature enough to engage
intelligently in treatment and counseling seems consistent with
the other exceptions the Legislature has already made in statute
for minors to seek services vital to maintaining their health and
well-being.
Regardless of the maturity of the youth, this bill specifically
provides that the youth may not, without the consent of his or her
parent or guardian, receive convulsive therapy (electroshock
therapy), psychosurgery (which has historically included
prefrontal lobotomies, but more recently includes less invasive
techniques) or psychotropic medication (any medication capable of
affecting the mind, emotions, or behavior). This limitation
ensures that while youth are able to receive necessary treatment
or services, there are clear and very reasonable restrictions as
to what may be done in the absence of parental consent.
Under current law, the mental health treatment or counseling of a
minor must include involvement of the minor's parent or guardian
unless, in the opinion of the treating professional, that
involvement would be inappropriate. This bill requires that the
professional person, when considering the appropriateness of the
involvement of the child's parent or guardian, must consult with
the youth. This will help ensure that the professional has the
necessary information from the youth on which to base the
decision. This bill still favors parental involvement unless the
involvement would be inappropriate. However, by knowing that the
professional must consult with them before seeking parental
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involvement, this bill should help more youth be comfortable
seeking needed mental health services. This bill also provides,
like existing law, that a parent or guardian is not liable for any
costs of the treatment or counseling, except to the extent that
the parent or guardian participates in the treatment or
counseling.
This bill also provides that the expansion of the rights of minors
to receive outpatient mental health treatment or counseling
services without parental consent permitted by this bill does not
apply to the receipt of benefits under the Medi-Cal program.
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334
FN: 0006404