Amended in Senate June 2, 2016

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 begin delete to amend Section 6924 of the Family Code, and end delete 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 begin insert treatment or counseling end insert services.

Existing law authorizes a minor who is 12 years of age or older to consent to begin insert outpatient end insert mental health treatment or counseling begin delete services on an outpatient basis, or to residential shelter services, when certain requirements are satisfied, including a determination that the minor, end delete begin insert services, notwithstanding any provision of law to the contrary, if, end insert in the opinion of the attending professional person, begin delete as specified, end delete begin insert the minor end insert is mature enough to participate intelligently in those services. Existing law defines “professional person,” for the purposes of those provisions, to include, among others, 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. The bill would require the marriage and family therapist trainee or the clinical counselor trainee to begin delete consult with his or her supervisor, as soon as reasonably possible, when assessing the maturity of the minor. The bill would also make technical changes. end delete begin insert notify his or her supervisor or an on-call supervisor, as specified, at the site where the trainee volunteers or is employed within 24 hours of treating or counseling a minor. The bill would require the trainee, if upon the initial assessment of the minor the trainee believes that the minor is a danger to self or to others, to notify the supervisor, as specified, immediately after the treatment or counseling session. The bill would also make a technical, nonsubstantive change. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

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.

(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).

(d) 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.

(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, 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.

(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
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.

end delete

begin delete SEC. 2. end delete

begin insert SECTION 1. end insert   

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) (1) 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 delete

(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 delete begin insert

(2) A marriage and family therapist trainee or a clinical
counselor trainee, as specified in paragraph (2) of subdivision (a),
shall notify his or her supervisor or, if the supervisor is
unavailable, an on-call supervisor at the site where the trainee
volunteers or is employed within 24 hours of treating or counseling
a minor pursuant to paragraph (1). If upon the initial assessment
of the minor the trainee believes that the minor is a danger to self
or to others, the trainee shall notify the supervisor or, if the
supervisor is unavailable, the on-call supervisor immediately after
the treatment or counseling session.

end insert begin insert

(3) Nothing in paragraph (2) is intended to supplant, alter,
expand, or remove any other reporting responsibilities required
of trainees under law.

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.