AB-665 Minors: consent to mental health services goes to the Senate flooor for vote.
AB 665 Removes the requirement that children must be a danger to themselves or others, or be alleged incest or abuse victims, before seeking care without their parents’ consent. This will remove the guardrails that prevent abuse of current law, so instead of cases of emergency, mental health professionals or school psychologists can refer for treatment and/or send a child to residential shelter services for any reason without parental consent.
According to Attorney Nicole Pearson of FACTS LAW TRUTH JUSTICE and OUR DUTY:
The Premise: Two Laws Authorize Minor Consent, Only One Gives Medi-Cal Coverage
Law #1: “Danger Guardrails” to Counseling & Residential Shelter Services Family Code § 6924(b) (1979)
Law #1 allows mature children age 12+ to self-consent, without parental knowledge or consent, to mental health counseling and residential shelters, but only if danger is present: the child is (a) a danger to self or others, or (b) the victim of incest or abuse.
Medi-Cal pays for this counseling and residential shelter services because the “Danger Guardrails” are present and protect parents’ inalienable right not to have their children emoved from them without notice unless special, exigent circumstances exist.
Law #2: “Non-Danger” Counseling, Only Health & Safety § 124260)(b)(1) (SB543, Leno, 2010)
• Law #2 allows mature children age 12+ to self-consent, without parental consent, to
mental health counseling without any exigent circumstances. Opting into a residential
shelter is not provided.
• Medi-Cal does not pay for this counseling because of Welfare & Institutions Code.
Law #3: No Medi-Cal Benefits for “Non-Danger” Counseling
Welfare & Institutions Code § 14029.8 (2010)
Law #3 says that Medi-Cal does not pay for H&SC § 124260 counseling.
AB665 Intentionally Seeks to Amend the Wrong Law
AB665’s stated goal is to expand Medi-Cal coverage to include counseling services to lower-income and – presumably – immigrant and minority children under Health & Safety Code § 124260. What AB665 actually does is remove the “danger guardrails” that have been in place for almost 50 years, which ensure that only those children most at risk can “self-consent” into residential shelters without their parents’ or guardians’ knowledge or consent, or any allegation–let alone proof – of abuse, incest, or danger to themselves or others. Children should not be endangered and healthy, loving parents should not be denied their right to not have their child taken from them because of AB665’s attempted end-run around Medi-Cal requirements.
The solution
AB665 Gut and Amend: The Best Path to Authorizing Medi-Cal $$$
The only, most simple, effective, and legal way to actually “remove barriers to mental health access” to Medi-Cal recipients, without violating well-settled constitutional rights, is to strike one word from Law #2: “not.” By striking “not” from Law #3 (WIC § 14029.8), the law will read that Medi-Cal benefits shall apply to all services to all mature minors 12+ in the state and the authors’ stated goal of “mental health parity” will be achieved:
Welfare & Institutions § 14029.8 (Current)
“Section 124260 of the Health & Safety Code shall not apply to the receipt of benefits under the Medi-
Cal program.”
Welfare & Institutions § 14029.8 (Proposed Amendment)
“Section 124260 of the Health & Safety Code shall apply to the receipt of benefits under the Medi-Cal
program.”
Neither Code Section Should Be Amended to Allow Greater Access to Mental Health Services without Parental Involvement.