Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1808

Introduced by Assembly Member Wood

February 8, 2016

An act to amend Section 6924 of the Family Code, and to amend Section 124260 of the Health and Safety Code, relating to minors.

LEGISLATIVE COUNSEL’S DIGEST

AB 1808, as amended, Wood. Minors: mental health services.

Existing law authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling services on an outpatient basis, or to residential shelter services, begin delete under end delete begin insert when end insert certain begin delete circumstances, where those services are provided by any one of specified professionals, including end delete begin insert requirements are satisfied, including a determination that the minor, in the opinion of the attending professional person, as specified, is mature enough to participate intelligently in those services. Existing law defines end insert begin insert “professional person,” for the purposes of those provisions, to include, among others, end insert a marriage and family therapist, a marriage and family therapist intern, a professional clinical counselor, and a clinical counselor intern.

This bill would additionally authorize a marriage and family therapist trainee and a clinical counselor trainee, while working under the supervision of certain licensed professionals, to provide those services. begin insert The bill would require the marriage and family therapist trainee or the clinical counselor trainee to consult with his or her supervisor, as soon as reasonably possible, when assessing the maturity of the minor. end insert The bill would also make technical changes.

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 Subchapter 3 of
Chapter 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) The chief administrator of an agency referred to in paragraph
(1) or (3).

(G) A person registered as a marriage and family therapist intern,
or a marriage and family therapist trainee, 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 (g) of Section
4980.03 of the Business and Professions Code.

(H) A licensed professional clinical counselor, as defined in
Chapter 16 (commencing with Section 4999.10) of Division 2 of
the Business and Professions Code.

(I) A person registered as a clinical counselor intern, or a clinical
counselor trainee, as defined in Chapter 16 (commencing with
Section 4999.10) of Division 2 of the Business and Professions
Code, while working under the supervision of a licensed
professional specified in subdivision (h) of Section 4999.12 of the
Business and Professions Code.

(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 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.

begin insert

(c) A marriage and family therapist trainee or a clinical
counselor trainee, as specified in paragraph (2) of subdivision (a),
shall consult with his or her supervisor, as soon as reasonably
possible, when assessing the maturity of the minor pursuant to
paragraph (1) of subdivision (b).

end insert begin delete

(c)

end delete

begin insert (d) end insert  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.

begin delete

(d)

end delete

begin insert (e) end insert  The mental health treatment or counseling of a minor
authorized by this section shall include 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. 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.

begin delete

(e)

end delete

begin insert (f) end insert  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.

begin delete

(f)

end delete

begin insert (g) end insert  This section does not authorize a minor to receive convulsive
treatment 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.

SEC. 2.  

Section 124260 of the Health and Safety Code is
amended to read:

124260.  

(a) As used in this section:

(1) “Mental health treatment or counseling services” means the
provision of outpatient mental health treatment or counseling by
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 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) A person registered as a marriage and family therapist intern,
or a marriage and family therapist trainee, 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 (g) of Section
4980.03 of the Business and Professions Code.

(H) A board certified, or board eligible, psychiatrist.

(I) A licensed professional clinical counselor, as defined in
Chapter 16 (commencing with Section 4999.10) of Division 2 of
the Business and Professions Code.

(J) A person registered as a clinical counselor intern, or a clinical
counselor trainee, as defined in Chapter 16 (commencing with
Section 4999.10) of Division 2 of the Business and Professions
Code, while working under the supervision of a licensed
professional specified in subdivision (h) of Section 4999.12 of the
Business and Professions Code.

(b)  begin insert (1) end insert begin insert   end insert Notwithstanding any provision of law to the contrary,
a minor who is 12 years of age or older may consent to mental
health treatment or counseling services if, in the opinion of the
attending professional person, the minor is mature enough to
participate intelligently in the mental health treatment or counseling
services.

begin insert

(2) A marriage and family therapist trainee or a clinical
counselor trainee, as specified in paragraph (2) of subdivision (a),
shall consult with his or her supervisor, as soon as reasonably
possible, when assessing the maturity of the minor pursuant to
paragraph (1).

end insert

(c) Notwithstanding any provision of law to the contrary, 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.

(d) The minor’s parent or guardian is 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.

(e) This section does not authorize a minor to receive convulsive
treatment 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.