Cal. Code Regs. tit. 22 § 50147.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 50147.1 - Child Applying for Medi-Cal

(a) A child may apply for Medi-Cal without parental contact in order to receive minor consent services.

(b) A child applying on the basis of a need for minor consent services other than mental health care shall submit to the county welfare department a completed and signed form Request for Eligibility for Limited Services indicating the need for services related to one or more of these needs.

(c) A child applying for Medi-Cal solely on the basis of a need for mental health care shall submit to the county welfare department a statement from a mental health professional: licensed marriage, family and child counselor; licensed educational psychologist; credentialed school psychologist; clinical psychologist; or a licensed psychologist which states that the child needs mental health treatment or counseling and meets both of the following conditions:

(1) Is mature enough to participate intelligently in the mental health treatment or counseling on an outpatient basis.

(2) Is one of the following:

(A) In danger of causing serious physical or mental harm to self or others without mental health treatment or counseling.

(B) The alleged victim of incest or child abuse.

(d) The county department shall process the applications of children applying under (b) and (c) in accordance with the following:

(1) If a child refuses to complete or sign the form or provide a statement of need for mental health care the child's application shall be denied.

(2) If a child is not competent to complete or sign the form, the person completing the Statement of Facts in accordance with Section 50163(a)(2) and (3) may sign the form on the child's behalf.

(3) After submission of the completed and signed form or statement of need for mental health care, the county department shall:

(A) Deny the application if a child is under 12 years of age and applying for services related to drug abuse, alcohol abuse, venereal disease or a sexually transmitted disease or for mental health care.

(B) Issue POE labels under the child's existing Medi-Cal status if the child is currently included in a public assistance case or an MFBU which has no share of cost and is not enrolled in a PHP or PCCM plan. The child's separate application shall be denied.

(C) Deny the application if the child is currently eligible for Medi-Cal and enrolled in a PHP or PCCM plan and refer the child to the PHP or PCCM plan for care.

(D) Process the application and determine eligibility if the child is one of the following:

1. Currently included in an MFBU which has a share of cost.

2. Part of a family not currently receiving Medi-Cal.

3. Excluded from an MFBU.

4. An ineligible member of an MFBU.

(E) If the child is an unmarried minor parent, he/she shall be included in the MFBU with his/her child for minor consent services only.

(e) When a child is not living with the child's parents and county department determines that no person or agency accepts legal responsibility for the child, the county department shall process the child's application and determine his or her eligibility as an adult if the child appears to be competent.

(f) The parents of a child applying in accordance with (b) or (c) shall neither be contacted regarding the child's application nor informed that the application has occurred.

Cal. Code Regs. Tit. 22, § 50147.1

1. New section filed 10-31-78 as an emergency, designated effective 11-1-78 (Register 78, No. 44).
2. Certificate of Compliance filed 2-6-79 (Register 79, No. 15).
3. New subsection (c) filed 4-9-79; effective thirtieth day thereafter (Register 79, No. 15).
4. Amendment filed 4-28-82; effective thirtieth day thereafter (Register 82, No. 18).
5. Editorial correction filed 7-7-83 (Register 83, No. 29).
6. Amendment of subsections (c) and (d) filed 3-9-90 as an emergency; operative 3-9-90 (Register 90, No. 12). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-9-90.
7. Amendment refiled 7-9-90 as an emergency; operative 7-9-90 (Register 90, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 11-6-90.
8. Request to readopt amendment on an emergency basis pursuant to Government Code section 11346.1 granted and filed 11-6-90 as an emergency; operative 11-6-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-6-91.
9. Certificate of Compliance as to 11-6-90 order transmitted to OAL 2-22-91; disapproved by OAL on 3-25-91 (Register 91, No. 18).
10. Amendment of subsections (c) and (d) filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 18). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-25-91 order transmitted to OAL 7-19-91 and filed 8-19-91 (Register 92, No. 1).

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 14005.1, 14005.4, 14005.7, 14008, 14008.5, 14010, 14011, 14017, 14018, and 14088.3, Welfare and Institutions Code; Sections 25.6, 25.9, 34.5, 34.7, 34.9 and 34.10, Civil Code.