CA Laws That Guide the Specifics of Clinical Practice: Treatment of Minors Flashcards
Minors are generally __________ to consent to treatment.
Not able.
Typically, the parent or legal guardian must consent to the minor’s treatment, and the minor generally must give ___________.
Assent.
In a situation in which the parents are divorced, only a parent with ________________ may consent to treatment.
Legal custody.
The same general rules regarding _____________ and _____________ in the treatment of adults apply to treatment of minors; however, treatment info. is commonly discussed with the minor’s parent or guardian.
- Confidentiality
- Privilege
In circumstances in which a parent or guardian has sought the medical care or counseling for a __________________________ of a minor child, the provider must generally disclose information about treatment upon parental request, even if the minor child does not consent to disclosure.
Drug or alcohol related problem.
A minor may give consent to treatment if: (4 situations)
- The minor is emancipated
- The minor is self-sufficient
- The minor is in a situation in which he/she is at risk
- Requiring parental consent might discourage the minor from receiving necessary treatment
A minor may become emancipated in one of ___ ways. Emancipated minors are treated as adults in terms of ______________, privilege, and ____________ to treatment.
- 3
- Confidentiality
- Consent
A minor who legally __________________ is considered emancipated.
Marries.
A minor who ___________ in the _____________ is considered emancipated.
Enlists in the military.
In order for the court to declare a minor emancipated:
- The minor must be ___ or over
- Living ____________ from his/her parents with consent
- Managing his/her own _________________ (not derived from criminal activity)
A court may emancipate a minor who meets these conditions if it finds that emancipation is not contrary to the minor’s _________________.
- 14
- Separately
- Finances/income
- Best interests
______________________ minors may legally consent to medical and dental treatment. To be considered this, 3 criteria must be met.
Self-sufficient.
Self-sufficient minors:
- Must be ___ years of age or older
- Must be living apart from the minor’s parent or guardian, ________________ consent
- Must be managing his/her own finances, ______________________ the source of income
In this situation the parent or guardian __________ liable for the care provided. The physician may contact the minor’s parent/guardian _____________ the minor’s consent.
- 15
- With or without
- Regardless
- Is not
- With or without
The __________________ (Sections 6920-6929) and the ___________________ (Section 124260) describe circumstances under which minors may legally consent to treatment without consent of parent or guardian.
- CA Family Code
- Health and Safety Code
To legally consent to treatment without the consent of a parent/guardian, minors must:
- Be at least ___ years old (or no minimum age, depending on the type of services)
- Is at ________
- Is in need of _______________ he/she ________________ if parental consent were required
- 12
- Risk
- Treatment
- Might not seek
CA Family Code (6924) stipulates that a minor ___ years of age or older may receive outpatient mental health treatment or residential shelter services if two conditions are met:
- The minor must be mature enough to __________ intelligently
- The minor must either present a danger of serious mental or physical harm to himself or others, or have been the alleged victim of ____________ or incest
- 6924
- 12
- Participate
- Child abuse
Effective January 1, 2011, pursuant to Senate Bill 543, Health and Safety Code (124260) took effect, which allows a minor who is ___ years of age or older and mature enough to participate to receive mental health treatment without parental consent.
12.
The Health and Safety Code does NOT require that the minor be a risk to self or others, or a victim of incest or child abuse, in order to receive __________________________ without parental consent.
Outpatient mental health treatment.
While both the Family Code 6924 and Health and Safety Code 124260 are part of CA law, the current interpretation is that the ____________________ prevails.
Health and Safety Code 124260.
Both the Health and Safety Code and CA Family Code not that outpatient mental health treatment should include a minor’s parent or guardian unless, in the professional person’s opinion, involvement would be ________________.
Inappropriate.
The professional treating a minor must state in the records (with respect to contacting a guardian): (2 things)
- Whether an attempt was made to contact the guardian
- If an attempt was deemed inappropriate, why?
A parent/guardian ____________ be held financially liable for any services provided if the parent/guardian did not consent/participate in treatment.
Cannot.
Minors may not receive _________________, psychosurgery, or _______________ without parental/guardian consent.
- Electroconvulsive therapy
- Psychotropic medications
With regard to ___________________, the professional offering these services must make an effort to notify the parent or guardian that these services are being provided.
Residential shelter services.
A minor of ________________ may consent to medical care related to the prevention or treatment of pregnancy including contraception and abortion. This does not authorize a minor to be ________________ without parental/guardian consent. The health care provider _______ permitted to inform the minor’s parent or guardian.
- Any age
- Sterilized
- Is not
A minor of ___ years of age or older who may have come in contact with a communicable or sexually transmitted disease may consent to medical care related to the diagnosis or treatment of the disease. The health care provider _______ permitted to inform the minor/parent’s guardian or share the minor’s records without consent.
- 12
- Is not
A minor of ___________ who is alleged to have been sexually assaulted or raped may consent to medical care related to diagnosis, treatment, and collection of evidence. The health care provider ___________ attempt to contact the parent/guardian (unless the parent/guardian committed the assault), and record the _________/time and __________________.
- Any age
- Must
- Date/time
- Success of the attempt
Note: The provision re: contacting the parent/guardian does not apply if the minor is 12 years of age or older and the victim of rape.
A minor ___ years of age or older may consent to medical care and counseling relating to the diagnosis and treatment of a drug or alcohol related problem. Counseling services may only be rendered by a provider under a contract with the ___________ or a ___________ to offer alcohol or drug abuse counseling services.
- 12
- County
- State
Note: This excludes most private practice therapists.
The treatment plan must include the parent/guardian if appropriate, and the person rendering treatment must state whether he/she ____________________, was _______________, or (if contact was deemed __________________), why.
- Attempted to contact the parent/guardian
- Successful or not
- Inappropriate
A minor ________ receive methadone treatment or other replacement narcotics such as LAAM (levoalphacetymethadol) without parental consent.
May not.
