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AB-3189 Consent by minors to treatment for intimate partner violence.(2017-2018)

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Date Published: 04/20/2018 04:00 AM
AB3189:v97#DOCUMENT

Amended  IN  Assembly  April 19, 2018
Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3189


Introduced by Assembly Member Cooper

February 16, 2018


An act to add Section 6930 to the Family Code, relating to minors.


LEGISLATIVE COUNSEL'S DIGEST


AB 3189, as amended, Cooper. Consent by minors to treatment for intimate partner violence.
Existing law authorizes a minor who is 12 years of age or older and is alleged to have been raped, or a minor who is alleged to have been sexually assaulted, to consent to medical care related to the diagnosis and treatment of the condition and the collection of medical evidence with regard to the alleged rape or sexual assault.
This bill would authorize a minor who is 12 years of age or older and who states he or she is injured as a result of intimate partner violence violence, as defined, to consent or decline to consent to medical care related to the diagnosis or treatment of the injury and the collection of medical evidence with regard to the alleged intimate partner violence. The bill would define “intimate partner violence” for these purposes and specifically exclude rape and sexual assault from its meaning. specify that this provision would not apply to a case in which a minor is an alleged victim of rape or is alleged to have been sexually assaulted, in which case the above-described provisions would apply.
Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including specified health professionals, mandated reporters. The act requires a mandated reporter to report to specified governmental agencies whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.
The bill would require the professional person providing treatment to the above-described minor, if he or she believes that the injuries resulting from the intimate partner violence require a mandated report, to inform the minor that the report will be made, to attempt to contact the minor’s parent or guardian and inform them of the report, unless the professional person reasonably believes that the minor’s parent or guardian committed the intimate partner violence on the minor, and to note in the minor’s treatment record the date and time of the attempt to contact the parent or guardian and whether the attempt was successful or unsuccessful.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6930 is added to the Family Code, to read:

6930.
 (a) A minor who is 12 years of age or older and who states he or she is injured as a result of intimate partner violence may consent or decline to consent to medical care related to the diagnosis or treatment of the injury and the collection of medical evidence with regard to the alleged intimate partner violence.

(b)(1)For purposes of this section, “intimate partner violence” means physical or mental violence, including strangulation, psychological aggression, stalking, or coercive acts, by a current or former partner. A partner may include a current or former spouse, boyfriend or girlfriend, dating partner, or sexual partner. Intimate partner violence can occur between heterosexual or same-sex partners and does not require sexual intimacy.

(2)For purposes of this section, “intimate partner violence” does not include rape, as described in Section 6927, or sexual assault, as described in Section 6928.

(b) (1) For purposes of this section, “intimate partner violence” means any act of abuse as defined in Section 6203, including strangulation as defined in subdivision (d) of Section 273.5 of the Penal Code, but not including sexual assault, that is perpetrated against a minor who is a person listed in Section 6211.
(2) This section does not apply to a case in which a minor is an alleged victim of rape, as defined in Section 261 or 262 of the Penal Code, in which case Section 6927 shall apply, and does not apply to a case in which a minor is alleged to have been sexually assaulted, as described in Section 6928, in which case that section shall apply.
(c) If the professional person providing treatment believes that the injuries described in subdivision (a) require a report pursuant to Section 11166 of the Penal Code, the professional person shall do both of the following:
(1) Inform the minor that the report will be made.
(2) Attempt to contact the minor’s parent or guardian and inform them of the report. The professional person shall note in the minor’s treatment record the date and time of the attempt to contact the parent or guardian and whether the attempt was successful or unsuccessful. This paragraph does not apply if the professional person reasonably believes that the minor’s parent or guardian committed the intimate partner violence on the minor.