Children as young as 12 can now be relocated to government-funded “residential shelter services” in California for mental health treatment or counseling related to their gender identity without requiring parental consent or doctor notification.
California’s Democratic Governor Gavin Newsom has enacted the controversial Assembly Bill 665, which critics labeled as “dangerous” and “illegal.”
The bill outlines that 12-year-olds can provide consent for these services if they are deemed “sufficiently mature to engage intelligently in outpatient or residential shelter services” and if they are an “alleged victim” of incest or child abuse, posing risks to themselves or others. Importantly, the law does not necessitate proof of substantial harm.
Moreover, the legislation mandates medical professionals to consult with the minor to assess whether the involvement of the minor’s parent or guardian would be inappropriate.
California lawmakers assert that this intrusion into parental authority is justified because children identifying as LGBT often encounter parental rejection, school-based harassment and wider societal stigma. Obtaining parental consent can be challenging due to parents’ beliefs and stigma concerning mental health care.
The law faced opposition from California’s GOP before its passage, with Senator Ochoa Bogh sending a letter to Newsom stating that “by eliminating the requirement for minors to experience extraordinary circumstances to consent to mental health services independently, we disregard parents’ right to make informed decisions regarding their child’s health.”
