As a minor in California, you have rights to access mental health care. If a minor, anyone under the age of 18, meets the criteria under either of California’s two statutes, they may independently consent to their own treatment. If the minor meets the criteria under both, the provider may decide which statute applies. Let’s break down the law to help you understand the differences between these two statutes.
The Law
Family Code 6924
Family code 6921 says that a minor who is 12 years of age or older may consent to mental health treatment or counseling on an outpatient basis or to residential shelter services, if both of the following requirements are satisfied:
(1) The minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services or residential shelter services. AND
(2) The minor (A) would present a danger of serious physical or mental harm to self or to others without the mental health treatment or counseling or residential shelter services, or (B) is the alleged victim of childabuse.”
Consent
Starting in July 1, 2024, a minor age 12 or older may consent for outpatient mental health treatment or counseling if the minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient mental health treatment or counseling.
Informing Parents
Family Code 6924 says that the health care provider is required to involve a parent or guardian in the minor’s treatment unless the health care provider decides that their involvement is inappropriate. The provider must consult with the minor before deciding whether to involve parents. The decision and any attempts to contact parents must be documented in the minor’s records.
While this exception allows providers to inform and involve parents in treatment when appropriate, it does not give providers a right to disclose medical records to parents without the minor’s authorization. The provider can only share the minor’s medical records with parents with a signed authorization from the minor.
* Note, this does not authorize a minor to receive inpatient psychiatric care, convulsive therapy, psychosurgery or psychotropic drugs on their own consent .
Resources :