HOUSE BILL NO. 4087
A bill to 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.
the people of the state of michigan enact:
(a) "Child neglect" means that term as defined in section 2 of the child protection law, 1975 PA 238, MCL 722.622.
(b) "Homeless youth" means 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 either of the following:
(i) Seeking shelter in a basic center as described in 34 USC 11212(a).
(ii) Seeking enrollment in a transitional living program as described in 34 USC 11222(a), is not less than 16 years of age, and is either of the following:
(A) Less than 22 years of age.
(B) Not less than 22 years of age as of the expiration of the maximum period of stay permitted under 34 USC 11222(a)(2) if the individual commences the stay before reaching 22 years of age.
(c) "Runaway youth" means an individual who is seeking shelter in a basic center as described in 34 USC 11212(a), is less than 18 years of age, and who absents himself or herself from home or a place of legal residence without the permission of a parent or legal guardian.
Sec. 2. (1) A homeless or runaway youth may 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. Acceptable documentation demonstrating an individual's status as a homeless or runaway youth includes the following:
(a) A statement documenting that status, signed by a director or designee of a governmental or nonprofit entity that receives public or private funding to provide services to individuals who are homeless or runaway youth.
(b) A statement documenting that status, signed by a local educational agency liaison for homeless or runaway youth designated under 42 USC 11432(g)(1)(J)(ii), a local educational agency foster care point of contact designated under 20 USC 6312(c)(5)(A), or a school social worker or counselor.
(c) A statement documenting that status, signed by an attorney representing the individual in any legal matter.
(d) A statement documenting that status, signed by the individual and 2 adults with knowledge of the individual's actual circumstances.
(2) This act does not authorize a homeless or runaway youth to consent to an abortion.
Sec. 3. A homeless or runaway youth who is a parent may consent to, contract for, and receive medical, dental, and behavioral health examinations, care, or treatment for the youth's child.
Sec. 4. (1) A physician or other qualified professional licensed to practice in this state who provides medical, dental, or behavioral health examinations, care, or treatment to a homeless or runaway youth under this act may not be held liable in a civil or criminal action for providing those services without having obtained permission from the youth's parent or guardian.
(2) This section does not relieve the physician or other qualified professional licensed in this state from liability for negligence in the diagnosis or treatment of a homeless or runaway youth.
Sec. 5. (1) Identification of an individual as a homeless or runaway youth does not automatically mean the individual has experienced child abuse or child neglect.
(2) This act does not supersede the mandatory reporting requirements of section 3 of the child protection law, 1975 PA 238, MCL 722.623.