BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 543|
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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,
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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
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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
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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
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