AB 49

This bill allows a minor who is an unaccompanied youth to consent to, contract for, and receive medically necessary care without a parent’s or guardian’s permission, authority, or consent under certain circumstances. The bill defines “unaccompanied youth” as the term is defined under federal law, which is a homeless youth not in the physical custody of a parent or guardian. The bill defines “medically necessary care” as a medical service that is required to prevent, identify, or treat a recipient’s illness, injury, or disability and that meets a set of standards specified in the bill.

Under the bill, in order to consent to health care, such a minor must be at least 14 years of age and must not be under the supervision of a county department of human services or social services, a licensed child welfare agency, the Department of Children and Families, or the Department of Corrections. Also under the bill, one of the following must confirm in writing that the minor is an unaccompanied youth: a local educational agency liaison for homeless children and youths designated under federal law, a school social worker or counselor, an employee who conducts intake at a shelter facility or transitional living program where the minor has been admitted as an unaccompanied youth under current law, or the director, or his or her designee, of a governmental or nonprofit entity that receives public or private funding to provide services to individuals who are homeless or to unaccompanied youth.

Under the bill, a professional who provides medically necessary care to a minor based on the minor’s consent given in conformity with the bill may not be held liable in a civil or criminal action for providing those services without having obtained permission from the minor’s parent or guardian.