California Family Code 6924

California Family Code 6924

The question of how much control minors should have over their personal healthcare has been a controversial topic of debate throughout the United States in recent years. California Family Code 6924 aims to ensure that minors who have been subjected to various types of abuse are able to secure the healthcare services they need, particularly mental health treatment. The law was significantly expanded by Assembly Bill 665 (AB 665), signed in 2023 and effective July 1, 2024. It is vital to understand the current version of this statute and how it could apply to your situation.

Important Elements of California Family Code 6924

It’s an unfortunate reality that many children throughout California are unable to receive mental health care due to interference from their own parents and guardians. California Family Code 6924 ensures that a minor who is 12 years of age or older is able to consent to outpatient mental health treatment or residential shelter services, while keeping the records of any such treatment confidential. An experienced family lawyer in Orange County can help families understand these protections and how they apply when a minor seeks necessary care. The purpose of this law is to ensure parents and guardians cannot prevent minors from accessing appropriate mental health or shelter services.

Under the current version of California Family Code 6924, a child who is 12 years of age or older has the right to consent to outpatient mental health treatment services or residential shelter services if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in the requested services. That is the only condition required under the law as it stands today.

California Family Code 6924 also protects the confidentiality of any services obtained. The professional providing services must consult with the minor before involving a parent or guardian. If, in the professional’s opinion, informing the parent would be harmful to the child, they are not required to do so. A parent who is not involved in services provided under California Family Code 6924 is also not financially liable for the cost of those services.

What The Law Changed in 2024

Prior to July 1, 2024, Family Code 6924 required a minor to meet one of two additional conditions: (1) the minor would present a danger of serious physical or mental harm to themselves or to others, or (2) the minor was the alleged victim of incest or child abuse. Assembly Bill 665 (AB 665), authored by Assemblymember Wendy Carrillo and signed by Governor Gavin Newsom on October 7, 2023, removed those additional conditions.

Effective July 1, 2024, a minor who is 12 or older may consent to outpatient mental health treatment if the provider finds them mature enough to participate intelligently, regardless of whether a crisis exists. AB 665 also expanded the list of licensed providers who can offer services under the statute and aligned the rules so that Medi-Cal-insured youth can access the same minor consent services as privately insured youth.

How California Family Code 6924 Could Apply to You

If you have a child custody agreement, it will stipulate legal custody rights for you and your co-parent. Most such orders entail joint legal custody, requiring co-parents to collaborate when it comes to making major decisions for their children. Some parents secure sole legal custody over their children. If you discover that your child has sought mental health care under California Family Code 6924, you are likely to have many questions.

An experienced family lawyer is the ideal resource to consult if you have difficult questions about a family court order, your custody order, or your minor child’s search for mental health treatment under California Family Code 6924. For example, if you share custody with a co-parent and you discover your child has sought mental health treatment because of abuse from the co-parent, it is understandable for you to want to remove the other parent’s custody rights immediately.

It is unfortunately common for children to suffer abuse from their own parents and guardians, and even more unfortunately, some parents are completely unaware of what is happening to their child because the child is too scared to talk about these things. When you have discovered that your child has invoked California Family Code 6924, an experienced child custody lawyer is the ideal asset to consult.

The attorneys at Quinn & Dworakowski, LLP, have successfully resolved many complex child custody cases, including those involving abuse, and we can review the details of your situation to help you understand your most viable legal options for resolving the issue.

Questions about California Family Code 6924 and your custody order? Call Quinn & Dworakowski, LLP at (949) 660-1400 or contact us online to schedule a consultation.

FAQs About California Family Code 6924

What Is California Family Code 6924?

California Family Code 6924 allows a minor who is 12 or older to consent to outpatient mental health treatment or counseling without parental approval. As of July 1, 2024, the only condition required is that the attending professional finds the minor mature enough to participate intelligently in the services. The law also protects the confidentiality of any services obtained under it.

Do I Need the Other Parent’s Permission to Take My Child to Counseling?

You may need the other parent’s permission to take your child to counseling in California based on the terms of your custody order. If you have sole legal custody of your child, then no, you likely do not need the other parent’s permission. However, if your custody order stipulates that you and your co-parent must agree to major decisions for your child, you would need to have the other parent’s consent unless California Family Code 6924 applies to your child.

Can a Parent Be Excluded From Their Child’s Mental Health Treatment?

A parent could be excluded from participating in their child’s mental health treatment under California Family Code 6924 if, in the professional opinion of the doctor treating the child, such involvement would be detrimental to the child’s health and/or safety. However, a parent who is not involved in any services provided under California Family Code 6924 is also not liable for payment for any such services.

Can I Change a Custody Order?

Yes, it is possible for you to change a custody order, but you would need to prove that the proposed change would suit the child’s best interests more fully than the current terms of the order. For example, if you are a noncustodial parent and discover your child sought mental health services under California Family Code 6924 because of abuse from the custodial parent, it could form grounds for a modification petition.

At What Age Can a Child Make Their Own Health Decisions?

In California, it is possible for a child who is at least 12 years old to make healthcare decisions for themselves under certain conditions. Healthcare providers must maintain confidentiality for these decisions as well, and they are not obligated to share a child’s medical records with a parent without the child’s consent. Generally, this rule applies to medical care for abortion, sexual assault treatment, rape treatment, and care related to abuse or neglect.

California Family Code 6924 intends to preserve the rights of minors who may have experienced abuse from their own parents, providing them with the flexibility to make important healthcare decisions and seek mental health services they believe to be necessary. If you have questions about California Family Code 6924 as it pertains to your child and/or your custody order, contact Quinn & Dworakowski, LLP, today and schedule a consultation with our team.

Call (949) 660-1400 or schedule a consultation online. Quinn & Dworakowski, LLP serves clients throughout Orange County, including Irvine, Newport Beach, Anaheim, and Santa Ana.