AB 665: Minors Consent To Mental Health Services

Bill: AB 665 – Minors: Consent to mental health services

Author: Carrillo (D- Los Angeles)

Position: Strongly OPPOSE

Current Status

Currently this bill is in the Senate in the third reading file waiting to be voted on. After this it will go back to the Assembly before going to the Governor to be signed.

Summary of Concern

AB 665 gives a minor of twelve years or older the ability to receive mental health treatment or counseling regardless of the severity of the situation. It also states that the child will decide if the parent or guardian should be involved or not. Implementing a bill like this would mean if a child was seeking mental health care, they could receive it without their parents’ foreknowledge. These kinds of laws would open the door to a never ending list of things minors could do without the consent of their parents, and there are other bills similar to this one in their jargon which imply children do not need their parents permission to do anything. The way the world is heading is proven in these proposed bills when we are able to see the family disintegrating because the law would like to say that the child is right and parents must bend to their child’s will, or be out of the picture all together with something like this where the parent would simply not have to be notified.

This wording from the bill is clear how the involvement of a parents is secondary if to be considered at all: “This bill would also align the existing laws by requiring the professional person treating or counseling the minor to consult with the minor before determining whether involvement of the minor’s parent or guardian would be inappropriate.”

Existing law, for some purposes, 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 the minor is mature enough to participate intelligently in the outpatient services or residential shelter services, as specified, and either the minor would present a danger of serious physical or mental harm to themselves or to others or if the minor is the alleged victim of incest or child abuse. For other purposes, existing law authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling services if the minor is mature enough to participate intelligently in the outpatient services or counseling services.

This gives a minor of twelve years or older the ability to receive mental health treatment or counseling regardless of the severity of the situation. It also states that the child will decide if the parent or guardian should be involved or not. This would require professionals dealing with the treatment or counseling of the minor to consult with the minor before involving the parent or guardian. This bill would allow any minor twelve or older to consent to mental health care without the parents’ foreknowledge. Existing law does authorize a minor twelve and older to receive mental health services under specified conditions, but would amend Section 6924 of the Family Code (from whom, what kind of, and where a minor can receive mental health services).

Opposition Points

AB 665 gives a minor of twelve years or older the ability to receive mental health treatment or counseling regardless of the severity of the situation. It also states that the child will decide if the parent or guardian should be involved or not. This would require professionals dealing with the treatment or counseling of the minor to consult with the minor before involving the parent or guardian. This bill would allow any minor twelve or older to consent to mental health care without the parents’ foreknowledge. Existing law does authorize a minor twelve and older to receive mental health services under specified conditions, but would amend Section 6924 of the Family Code (from whom, what kind of, and where a minor can receive mental health services). 

Additional Information

A similar bill is AB 816 which would authorize a minor who is 16 years or older to consent to the replacement narcotic abuse treatment that uses buprenorphine without the parent or guardian’s consent. Existing law allows 12 and older to consent to medical treatment and counseling for drug- or alcohol-related problems. This bill does not change far from Section 6929 of the Family Code which relates to the treatment and counseling for minors older than a specified age. This bill amends subsection (e) to add the additional 16 or older consent to buprenorphine after already including the previous 12 and older language mentioned above.