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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
Senate: HHS DPA 7-0-0-0 I 3rd Read 29-0-1-0 |
SB1062: minors; capacity to consent; shelter
Sponsor: Senator Shope, LD 16
Committee on Health & Human Services
Overview
Permits an emancipated minor, a minor in a lawful marriage or an independent unaccompanied homeless minor to give consent to the furnishing of shelter, transitional living or other temporary housing or homeless-associated and supportive services. Exempts shelter, transitional living and other temporary housing providers from criminal and civil liability for providing services to a minor who has authority or apparent authority to consent to those services.
History
A minor who has been issued an emancipation order is recognized as an adult for the following purposes: 1) the right to enter into a binding contract; 2) the ability to sue and be sued; 3) the right to buy and sell real property; 4) the right to establish a legal residence; 5) the obligation to pay child support; 6) the right to incur debts; 7) the right to access medical treatment and records; 8) the right to consent to medical, dental and psychiatric care without parental consent, knowledge or liability; 9) the right to consent to medical, dental and psychiatric care for the emancipated minor's child; 10) eligibility for social services; 11) the right to obtain a license to operate equipment or perform a service; 12) the right to apply for enrollment in any school or college; 13) the ability to apply for loans; and 14) the ability to pursue any other opportunity that is provided by law to a person who is at least 18 years of age (A.R.S. § 12-2454).
Currently, any emancipated minor, a minor who has contracted a lawful marriage or any homeless minor, notwithstanding any other provision of law and without limiting cases in which consent might otherwise be obtained or is not required, can give consent to the furnishings of hospital, medical and surgical care and such consent cannot be subject to disaffirmance because of minority. The consent of the parent or parents of such a minor is not necessary to authorize hospital, medical or surgical care. A divorce or annulment of marriage does not deprive such a minor of adult status once attained.
A health care provider acting in reliance on the consent of a minor who has authority or apparent authority to consent to health care is not subject to criminal or civil liability and professional disciplinary action on the ground that the provider failed to obtain consent from the minor's parent, parents or legal guardian.
A homeless minor is someone under the age of 18 living apart from their parents and who lacks a fixed and regular nighttime residence or whose primary residence is either a supervised shelter designed to provide temporary accommodations, a halfway house or a place not designed or ordinarily used for sleeping by humans (A.R.S. § 44-132).
The McKinney-Vento Homeless Assistance Act is a federal law created to support the enrollment and education of homeless students. The law defines homeless children and youths as individuals who lack a fixed, regular and adequate nighttime residence. This includes:
1) children and youths sharing housing of other persons due to loss of housing, economic hardship or a similar reason;
2) children and youths who have primary nighttime residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings;
3) children and youths living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations or similar settings; and
4) migratory children who qualify as homeless because they are living in certain circumstances.
Provisions
1.
Allows an emancipated minor, a minor who
has contracted a lawful marriage or an independent unaccompanied homeless minor
to give consent to the furnishing of shelter, transitional living or other
temporary housing or homeless-associated and supportive services. (Sec. 1)
2. Specifies that the minor's consent is not subject to disaffirmance because of minority and that the consent of the minor's parent or legal guardian is not necessary to authorize shelter, transitional living or other temporary housing or homeless-associated or supportive services. (Sec. 1)
3. Requires a person who provides shelter, transitional living or other temporary housing services to attempt to notify the minor's parent or legal guardian and local police about the location of the minor. (Sec. 1)
4. Stipulates that a divorce or annulment of marriage does not deprive a minor of their right to consent for shelter and support services. (Sec. 1)
5. States that a shelter, transitional living or other temporary housing provider or homeless-associated or supportive services provider, acting in reliance on the consent of a minor who has authority or apparent authority to consent to these services, is not subject to criminal or civil liability and professional disciplinary action on the ground that the provider failed to obtain consent from the minor's parent or legal guardian. (Sec. 1)
6. Clarifies that the exemption from criminal or civil liability does not apply to liability that arises from the provider's or facility's own acts of negligence or willful misconduct. (Sec. 1)
7. Defines unaccompanied homeless minor. (Sec. 1)
8. Contains legislative findings. (Sec. 2)
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12. SB 1062
13. Initials AG/KM Page 0 Health & Human Services
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