BILL NUMBER: AB 1808 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
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 treatment or
counseling services.
Existing law authorizes a minor who is 12 years of age or older
to consent to outpatient mental health treatment or
counseling services on an outpatient basis, or to
residential shelter services, when certain requirements are
satisfied, including a determination that the minor,
services, notwithstanding any provision of law to the contrary, if,
in the opinion of the attending professional person,
as specified, the minor 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
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. notify his or her
superviso r 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.
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.
(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.
SEC. 2. SECTION 1. 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.
(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).
(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.
(3) Nothing in paragraph (2) is intended to supplant, alter,
expand, or remove any other reporting responsibilities required of
trainees under law.
(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.