AB 848

This bill allows a treatment director to provide outpatient mental health

treatment to children for 30 days without first obtaining informed consent if 1) an

emergency situation exists, or time and distance requirements preclude obtaining

written consent before beginning outpatient mental health treatment, and potential

harm will come to the child or others if treatment is not initiated before written

consent is obtained; and 2) a reasonable effort was made to obtain consent from the

child's parent or guardian. During the 30-day treatment period, the treatment

director of the outpatient mental health treatment provider must either obtain

informed, written consent of a parent or guardian of the child or, if consent is not

obtained, file a petition to initiate a review of outpatient mental health treatment of

a minor under the current law procedure. Under the 30-day emergency treatment

period established in the bill, no one may prescribe medications to the child seeking

mental health treatment or admit the child to any inpatient facility without consent

of the child's parent or guardian. Similar to the current procedure for billing a child

for alcohol and other drug services, the bill requires the treatment director of the

outpatient mental health treatment provider to obtain the child's consent before

billing a third party for services provided under this bill when consent of a parent or

guardian has not been obtained. If the child does not consent to billing a third party,

the child is responsible for paying for the services, which the Department of Health

Services must bill to the child with the fee based solely on the child's ability to pay.

Review of outpatient mental health treatment of children 14 years of age or

older is unchanged by this bill. Currently, the review may be instigated by a child

who is 14 years of age or older, or a person acting on the minor's behalf, and whose

parent or guardian refuses or is unable to provide informed consent for outpatient

mental health treatment or by a treatment director of a facility providing treatment

to a child despite the child's refusal to consent. Within 21 days after the filing of a

petition for review, a mental health review officer designated by the court must hold

a hearing on the petition and must order either that informed consent by the parent

or guardian is not required to treat the child or that treatment of the child is

appropriate despite the child's objection, whichever is appropriate. After the mental

health review officer's order, the child or someone acting on the child's behalf may

petition the court for judicial review.

A procedure exists under current law for admission for inpatient mental health

and alcohol and other drug abuse treatment for children without parental consent

or without the child's consent depending on the age of the minor. Current law also

allows a physician or credentialed health care facility to provide certain services for

alcohol and other drug abuse to a child 12 years of age or over without parental

consent or notification if a parent or legal guardian cannot be found or if there is no

parent with legal custody.