Guidelines on Consent & Confidentiality
Under current California law, minors (persons under the age of 18) generally do not have
the legal right to consent to medical care or mental health treatment. In most situations
the consent of a parent, guardian, or some other adult person (such as the juvenile
court, for some people under juvenile court jurisdiction) is required. There are
exceptions, however, based on the minor’s status or on the type of service. These
situations are described below.
Emancipated Minors
Emancipated minors may consent to any medical, dental or psychiatric care. Minors are
considered emancipated if they:
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are legally married;
are on active duty in the armed forces; or
have a court declaration of emancipation (are at least 14 years old; willingly live
separate from their parent of guardian with the parent or guardian’s consent or
acquiescence; manage their own financial affairs).
Minors Living Separate and Apart
Minors may consent to their own medical or dental care if they are:
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15 years or older;
living separate from the parent or guardian with or without the guardian’s
consent; and
managing their own financial affairs.
Special Services for which Minors May Consent
In addition to minors who may consent based on their status, minors in general, may
consent for the following services:
Sexually transmitted Disease: A minor age 12 or older may consent to medical
care for the diagnosis or treatment of a sexually transmitted disease.
HIV/AIDS: A minor age 12 or over may consent to medical care for the diagnosis
and treatment of any reportable infectious, contagious or communicable disease.
AIDS is a reportable disease. No person shall be tested for HIV without his or
her valid written consent.
Pregnancy/Abortion: A minor may consent to medical care related to the
prevention or treatment of pregnancy. This care includes contraceptive services,
abortion, prenatal care, treatment for pregnancy complications, childbirth and
delivery services, and postnatal care.
2011-2012 Adolescent Provider’s Guide
Drugs/Alcohol: A minor age 12 or over may consent to medical care and
counseling related to diagnosis and treatment of problems related to alcohol and
drugs. The treating professional must involve the parents unless he or she
determines it would be inappropriate to do so. A parent may seek medical care
and counseling for drug-and alcohol-related problems even when the minor does
not consent; where a parent has sought this care for the child, they physician
shall disclose medical information to the parent upon their request, even if the
minor does not consent to disclosure. Note:
Note: This statute does not authorize replacement narcotic abuse treatment
without parental consent.
Sexual Assault: A minor who may have been raped or sexually assaulted may
consent to medical diagnosis and treatment for sexual assault and to collection of
medical evidence. However, the parents of the minor must be informed unless
they are suspected of being responsible for the assault. In addition, a sexual
assault against a minor must be reported as suspected abuse under child abuse
reporting requirements.
Outpatient Mental Health: A minor age 12 or over may consent to outpatient
mental health treatment or to residential shelter services if he or she is mature
enough to participate in those services, in the opinion of the provider; and he or
she would represent a danger to self or others without the treatment or is the
alleged victim of incest or abuse. Treatment must include the minor’s parent or
guardian, unless the treating professional determines that if would be
inappropriate.
Inpatient Mental Health: Application for voluntary admission to a state mental
hospital must be made by a minor’s parent or guardian. A minor age 14 or older
voluntarily committed to state hospital is entitled to a due process hearing to
determine whether a basis exists for the confinement.
A minor under the jurisdiction of the juvenile court may, with the advice of
counsel, apply voluntarily for inpatient or outpatient mental health services. To
authorize such action, the court must find that the minor suffers from a mental
disorder which may be expected to be cured or improved by treatment at the
facility, and that there is no other available hospital, program or facility that might
better serve the minor’s interest.
2011-2012 Adolescent Provider’s Guide
Informed Consent
In any situation in which a minor has the legal right to consent, the care provider must be
satisfied that s/he is capable of giving informed consent. This means understanding the
nature of the service, the risks and benefits of the service, the different options for care,
and the likely outcomes. Providers should be clear about these issues with their minor
patients, and young people should be encouraged to ask their providers questions.
2011-2012 Adolescent Provider’s Guide