BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 543|
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UNFINISHED BUSINESS
Bill No: SB 543
Author: Leno (D)
Amended: 8/20/10
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
SENATE FLOOR : 22-12, 6/3/09
AYES: Alquist, Calderon, Cedillo, Corbett, Correa, Florez,
Hancock, Kehoe, Leno, Liu, Lowenthal, Negrete McLeod,
Oropeza, Padilla, Pavley, Romero, Simitian, Steinberg,
Wiggins, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Cogdill, Cox, Denham, Dutton,
Hollingsworth, Huff, Maldonado, Strickland, Walters,
Wyland
NO VOTE RECORDED: Benoit, DeSaulnier, Ducheny, Harman,
Runner, Vacancy
SENATE FLOOR : 23-14, 8/30/10 (Concurrence)
AYES: Alquist, Ashburn, Calderon, Cedillo, Corbett,
DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Romero, Simitian, Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Blakeslee, Cogdill, Correa, Denham, Dutton,
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Emmerson, Harman, Hollingsworth, Huff, Runner,
Strickland, Walters, Wyland
NO VOTE RECORDED: Oropeza, Wiggins, Vacancy
ASSEMBLY FLOOR : 49-28, 8/30/10 - See last page for vote
SUBJECT : Minors: consent to mental health services
SOURCE : Equality California
GSA Network
Mental Health America of Northern California
National Association of Social Workers
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.
Assembly Amendments recast and refine the bill with the
same effect as when it left the Senate.
ANALYSIS :
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.
B. The minor presents a danger of serious physical or
mental harm to himself/herself/others, without the
treatment, counseling, or residential shelter
services, or the minor is an alleged victim of incest
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or child abuse.
2. Requires that a professional person offering residential
shelter services make his/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.
This bill 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 designated mental health professional under
specified regulations.
A marriage and family therapist, as defined.
A licensed educational psychologist, as defined.
A credentialed school psychologist, as defined.
A clinical psychologist, as defined.
A licensed clinical social worker, as defined.
A marriage and family therapist registered
intern, as defined, working under the supervision of
a licensed professional, as defined.
A board certified, or board eligible,
psychiatrist.
2. Notwithstanding any other provision of law, authorizes a
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minor 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.
6. Provides that the expansion of the rights of minors to
receive outpatient mental health treatment or counseling
services without parental consent permitted by this bill
does not apply to the receipt of benefits under the
Medi-Cal program.
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.
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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 8/26/10)
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
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.
ASSEMBLY FLOOR :
AYES: Ammiano, Bass, Beall, Block, Blumenfield, Bradford,
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Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,
Feuer, Fong, Fuentes, Furutani, Galgiani, Gatto, Hall,
Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Lieu,
Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Skinner,
Solorio, Swanson, Torres, Torrico, Yamada, John A. Perez
NOES: Adams, Anderson, Arambula, Bill Berryhill, Tom
Berryhill, Conway, Cook, DeVore, Fletcher, Fuller,
Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries,
Knight, Logue, Miller, Nestande, Niello, Nielsen, Norby,
Silva, Smyth, Audra Strickland, Tran, Villines
NO VOTE RECORDED: Torlakson, Vacancy, Vacancy
RJG:mw 8/31/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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