SENATE BILL REPORT

SB 5973

BYSenators Saling, Metcalf and Benitz

Changing age of minority in mental health statutes.

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 21, 1989; March 1, 1989

Majority Report:  That Substitute Senate Bill No. 5973 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Carol Pedigo (786-7417)

                  March 2, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, MARCH 1, 1989

BACKGROUND:

Currently children age 13 or older can receive mental health outpatient treatment without the knowledge or consent of their parents.  Further, the child may admit himself or herself without parental consent to inpatient treatment as long as the parents are notified.  An additional right available to these children is to refuse treatment or to demand release from a voluntary inpatient treatment facility.

Proponents of this bill believe children in need of mental health treatment are not able to make intelligent decisions regarding their care, thus the state should return this decision-making right to their parents or guardians.

Parents testified before the Legislature that they would have been able to utilize third party payment systems for mental health services if they had more authority regarding the type of treatment provided to their child.

SUMMARY:

Statutes regarding procedures for outpatient, inpatient and involuntary mental health treatment for minors are modified.

The age at which a child can make decisions regarding his or her mental health treatment and evaluation is raised from 13 to 16.

EFFECT OF PROPOSED SUBSTITUTE:

Children between the age of 13 and 15 may receive involuntary treatment without parental consent when the parents are unavailable to give their consent.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Sharon Stewart Johnson, Director, Division of Mental Health, DSHS; Jann Hoppler, Division of Mental Health, DSHS; Pat Thibaudeau, Washington Community Mental Health