LANSING, Mich. (Michigan News Source) – Nineteen Democrats and one Republican in the Michigan House, Rep. John Roth (R-104), introduced HB 4087 last Tuesday that would “allow homeless or runaway youth access to health care without parental consent; and to allow health care providers to treat homeless or runaway youth without parental consent.”
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As it stands, minors have the right under state law to consent to minimal health care services without the involvement of a parent or guardian including emergency care and health care services relating to sexual health (pregnancy testing, prenatal care, birth control information and contraceptives, testing and treatment for STI’s), mental health and substance abuse treatment as well as care for emancipated minors.
But HB 4087 would do much more than that. It was read a first time by its title on Tuesday and referred to the Committee on Families, Children and Seniors where there are four Democrats and five Republicans on the Committee.
The bill defines “homeless” youth as “an individual for whom it is not possible to live in a safe environment with a relative, who has no other safe alternative living arrangement and who is seeking shelter in a basic center or seeking enrollment in a transitional living program.” The definition covers youth who are 16-years-old and older.
“Runaway” youth are defined as an individual who is seeking shelter in a basic center and who is less than 18 years-old, is absent from their home or a place of legal residence without the permission of a parent or legal guardian.
The legislation allows a homeless or runaway youth the right to consent to, contract for and receive medical, dental or behavioral health examinations, care or treatment without a parent’s or guardian’s permission, authority or consent. It also allows them to consent to health care for their own child if they are a parent.
Michigan News Source reached out to Rep. Amos O’Neal (D-Saginaw) about why the bill is needed and he said, “Having the opportunity to ‘get’ consent for medical treatment is a privilege not everyone can access – especially those estranged for reasons of neglect or abuse. My bill allows young people to seek help with no strings attached. This legislation promotes safe opportunities for kids in difficult circumstances to receive medical care without delay. The system as it is bars children from making those choices, which deters runaways or homeless youth from asking for the help they require.”
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Acceptable documentation for the youth’s status as a homeless or runaway is as easy as providing a statement from a director of a governmental or nonprofit entity that receives public or private funding to provide services to homeless or runaway youth; a statement from a local educational agency liaison for homeless or runaway youth; a statement from a school social worker or counselor; or a statement signed by the youth and two adults with knowledge of the youth’s circumstances.
The legislation does not authorize a homeless or runaway youth to consent to an abortion as current Michigan law requires a minor to get written consent from one parent or a legal guardian. However, there were no exclusions for any kind of transgender medical care or treatments which has recently become a controversial topic.
