AB 866: Juveniles: care and treatment.

Existing law authorizes a minor to consent to medical and other treatment under certain circumstances, including the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, treatment of infectious, contagious, and communicable diseases, mental health treatment, and treatment for alcohol and drug abuse.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent or ward of the court under certain circumstances. Under existing law, if a minor has been, or has a petition filed with the court to be, adjudged a dependent child of the court, the court may authorize, or order that a social worker may authorize, medical and other care for the minor, as prescribed. Under existing law, a social worker may, without court order, authorize medical and other care for a minor in emergency situations, as specified.

This bill would authorize a dependent child of the juvenile court who is 16 years of age or older to consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law. The bill would authorize a dependent child of the juvenile court who is 16 years of age or older to consent to opioid use disorder treatment that uses buprenorphine at a physicians office, clinic, or health facility, by a licensed physician and surgeon or other health care provider, as specified, whether or not the minor has the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order.

Existing law authorizes a social worker to inform a dependent child 12 years of age or older of their right to consent to receive specified health services, including, among other things, the diagnosis and treatment of sexual assault and medical care relating to the prevention or treatment of pregnancy. Existing law also authorizes a social worker to provide a dependent child with access to age-appropriate, medically accurate information about sexual development, reproductive health, and the prevention of unplanned pregnancies and sexually transmitted infections.

This bill would instead authorize a social worker to inform a dependent child 10 years of age or older of their right to consent to receive those health services and would also authorize a social worker to inform a dependent child of their confidentiality rights regarding those services. The bill would additionally authorize a social worker to provide a dependent child with information on how to access reproductive and sexual health care services and to facilitate access to that care, as specified.