Mental Health Services for Minors
Cal. HSC § 124260
California Statutes
(
a) As used in this section: (1) “Mental health treatment or counseling services” means the provision of outpatient mental health treatment or counseling by a professional person, as defined in paragraph (2). (2) “Professional person” means any of the following: (
A) A person designated as a mental health professional in Sections to 626, inclusive, of Title of the California Code of Regulations. (
B) A marriage and family therapist, as defined in
Chapter 13 (commencing with
Section 4980) of Division of the Business and Professions Code. (
C) A licensed educational psychologist, as defined in
Chapter 13.5 (commencing with
Section 4989.10) of Division of the Business and Professions Code. (
D) A credentialed school psychologist, as described in
Section of the Education Code. (
E) A clinical psychologist licensed under
Chapter 6.6 (commencing with
Section 2900) of Division of the Business and Professions Code. (
F) Either of the following persons, while working under the supervision of a licensed professional specified in
Section of the Business and Professions Code: (
i) A registered psychological associate, as defined in
Section of the Business and Professions Code. (ii) A psychology trainee, as defined in
Section of Title of the California Code of Regulations. (
G) A licensed clinical social worker, as defined in
Chapter 14 (commencing with
Section 4991) of Division of the Business and Professions Code. (
H) An associate clinical social worker, or a social work intern, as defined in
Chapter 14 (commencing with
Section 4991) of Division of the Business and Professions Code, while working under the supervision of a licensed professional specified in
Section 4996.20 of the Business and Professions Code. (
I) A person registered as an associate marriage and family therapist or a marriage and family therapist trainee, as defined in
Chapter 13 (commencing with
Section 4980) of Division of the Business and Professions Code, while working under the supervision of a licensed professional specified in subdivision (
g) of
Section 4980.03 of the Business and Professions Code. (
J) A board certified, or board eligible, psychiatrist. (
K) A licensed professional clinical counselor, as defined in
Chapter 16 (commencing with
Section 4999.10) of Division of the Business and Professions Code. (
L) A person registered as an associate professional clinical counselor or a clinical counselor trainee, as defined in
Chapter 16 (commencing with
Section 4999.10) of Division of the Business and Professions Code, while working under the supervision of a licensed professional specified in subdivision (
h) of
Section 4999.12 of the Business and Professions Code. (b)
(1) Notwithstanding any law to the contrary, a minor who is years of age or older may consent to mental health treatment or counseling services if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in the mental health treatment or counseling services.
(2) A marriage and family therapist trainee, a clinical counselor trainee, a psychology trainee, or a social work intern, as specified in paragraph (2) of subdivision (a), shall notify their supervisor or, if the supervisor is unavailable, an on-call supervisor at the site where the trainee or intern volunteers or is employed within hours of treating or counseling a minor pursuant to paragraph (1). If, upon the initial assessment of the minor, the trainee or intern believes that the minor is a danger to self or to others, the trainee or intern shall notify the supervisor or, if the supervisor is unavailable, the on-call supervisor immediately after the treatment or counseling session.
(3) Nothing in paragraph (2) is intended to supplant, alter, expand, or remove any other reporting responsibilities required of trainees or interns under law. (
c) Notwithstanding any law to the contrary, the mental health treatment or counseling of a minor authorized by this
section shall include involvement of the minor’s parent or guardian, unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate. The professional person who is treating or counseling the minor shall state in the client record whether and when the person attempted to contact the minor’s parent or guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why, in the professional person’s opinion, it would be inappropriate to contact the minor’s parent or guardian. (
d) The minor’s parent or guardian is not liable for payment for mental health treatment or counseling services provided pursuant to this
section unless the parent or guardian participates in the mental health treatment or counseling, and then only for services rendered with the participation of the parent or guardian. (
e) This
section does not authorize a minor to receive convulsive treatment or psychosurgery, as defined in subdivisions (
f) and (
g) of