California Bill to Allow Emancipation of Kids from Parents

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Governor Gavin Newsom is seen at Moffett Federal Airfield of NASA Ames Research Center before U.S. President Biden's arrival in Mountain View, California, United States on June 19, 2023.
(Photo by Tayfun Coskun/Anadolu Agency via Getty Images)

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California’s Senate Judiciary Committee has passed Assembly Bill 665, designed to allow therapists or counselors the unconditional power to emancipate children aged 12 and above from their parents and house them in state-run youth shelters.

The approval of the bill was met with vehement objections from Californians, who deemed it “emancipation of 12 year olds,” “heinous,” and “dangerous.” Nevertheless, the authors of the bill, assemblywoman Wendy Carrillo (D) and state senator Scott Wiener (D), defended their proposal, labeling the objections as “misinformation” and “lies.”

Carrillo stated, “There’s been a lot of misinformation and lies about this bill to the point that it has national and international attention as to how we treat mental health services for young people in the United States and California.”

Senator Wiener expressed disappointment at the bill’s reception, saying, “It’s unfortunate that this bill, like so many, has been caught up in this right-wing outrage machine.” He emphasized the protective nature of the legislation, asserting, “This bill protects children. It makes children safer. It makes children healthier.”

The bill’s critics argue that it goes beyond existing child autonomy laws, allowing children to be transferred to a “residential shelter” without requiring the therapist or counselor to demonstrate the child’s maturity or immediate danger. Parents may not be informed of such decisions, based on the mental health professional’s discretion.

A vocal critic, Los Angeles mother Wendy Minas, questioned the panel, “Have each of you used your elected platforms and networks to inform and speak with the people of California?” Another opponent, attorney Nicole Pearson, criticized the bill as promoting “child emancipation,” saying, “The authors want to change the law to let a 12 year old opt out of their home on a whim, invoking parental separation and emancipation of minors without any claim of danger or parental consent.”

Additionally, opponents warned that the bill could be misused, especially by troubled or transgender children looking to evade their parents’ control or seek sex-change treatments their parents would not normally allow. The legislation was supported by children’s mental health clinics, insurers, psychiatrists, and psychiatric associations, while conservative advocacy groups, parents’ rights groups, and California Nurses United opposed it.

Wiener’s legislative track record has also stoked concerns. He recently put forward a bill requiring California foster parents to “affirm” the transgender identities of foster children. Furthermore, last year, a law he authored came into effect that allowed California courts to take temporary jurisdiction over children seeking hormone therapy or other transition treatment in the state.

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