BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1407
                                                                  Page  1

          Date of Hearing:   August 16, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 1407 (Leno) - As Amended:  June 20, 2012 

          Policy Committee:                              JudiciaryVote:10 
          - 0 

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill prohibits a psychotherapist from releasing a child's 
          mental health records or information based on an authorization 
          signed by a parent or guardian from whom the child has been 
          removed in a dependency proceeding, unless a court finds that 
          such a release would not be detrimental to the child and orders 
          the disclosure.  

           FISCAL EFFECT  

          There are no significant costs associated with this legislation.

           COMMENTS  

           Purpose  . This bill provides that a therapist may only release 
          the mental health information of a dependent child to a parent 
          without physical custody of the child if there has been a court 
          order to release the information.  

          The author notes that California law allows parents whose 
          children have been removed from their care because of abuse, 
          abandonment, or neglect to access their children's mental health 
          information, subject to some discretion by the therapist. A 
          parent who has lost physical custody of a child as a result of a 
          court order may not be acting in their child's best interest 
          when authorizing use of the child's mental health treatment 
          information, and may use this confidential information to 
          further his or her own legal purposes, undermining the child's 
          stated wishes or best interests.  The author argues that 
          treatment of a child who has experienced abuse or neglect 
          requires building a sense of trust, autonomy and personal 








                                                                  SB 1407
                                                                  Page  2

          boundaries.  Children who lose trust in the confidentiality of 
          their communications may be unwilling to trust future 
          therapists, social workers or counselors.  

          Supporters argue that this bill protects the privacy rights of 
          children who are removed from their parents' care due to abuse 
          or neglect and protects against harm caused by the inappropriate 
          use of sensitive mental health information, unless a court 
          orders otherwise.  The bill ensures that these children's best 
          interests are taken into consideration before sensitive mental 
          health records are released.  The bill, supporters argue, 
          strikes the appropriate balance between parental autonomy and 
          the privacy and treatment needs of foster children.



           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081