BILL ANALYSIS
SB 543
Page 1
SENATE THIRD READING
SB 543 (Leno)
As Amended July 7, 2009
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; and,
g) A marriage and family therapist registered intern, as
defined, working under the supervision of a licensed
professional, as defined.
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.
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.
2)Requires that a professional person offering residential
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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
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health treatment or counseling without parental involvement in
particular instances. The minor must be mature enough to
participate 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
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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 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.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0001769