Informed Consent + Minors

Question 1

What is informed consent?

Answer 1

The right of clients to be informed about their therapy and to make autonomous decisions pertaining to it

Question 2

What to include in consent form

Answer 2

1) goals of therapy
2) services provided
3) client expectations
4) risks/benefits
5) limits of confidentiality
6) fee
7) Secrecy rules, institution rules
8) Interruptions to therapy

Question 3

What NOT to include

Answer 3

1) Religious beliefs (unless offering religious counseling)

2) Values

Question 4

Assent

Answer 4

Understanding given by a minor when parent has given consent

Question 5

In California, minors can seek psychotherapy without parental consent if:

Answer 5

1) They are emancipated (14+): Married legally, enlisted in army and court declared emancipation (14 or older, living separate from parents with consent, managing own finances)
2) Self sufficient minors (15+): 15 years or older, living apart from parents with or without consent, managing own finances. They can also lawfully consent to medical treatment.

Question 6

Exceptions to parental consent for psychotherapy, cont’d

Answer 6

1) Minor is 12 or older, mature enough for outpatient or residential treatment (and without treatment would be a danger to self or other) OR is a victim of incest or child abuse
2) Minor is 12 or older, mature enough for treatment, the intent is to include the parents in child’s treatment unless detrimental to the child’s wellbeing, and the clinician documents: how maturity was determined, how parents could be included/excluded, whether therapist attempted to contact parents, if contact was successful or not, the reason it would be inappropriate to contact the parents.

• When residential shelter services are required, there must be an attempt to notify parents
• Minors cannot receive ECT, psychosurgery or psychotropic meds without parental consent

Question 7

Minor consent for medical treatment: pregnancy

Answer 7

Minors of any age can be treated for medical care related to pregnancy, contraception, abortion WITHOUT parental consent– but not sterilization

Question 8

Minor consent for medical treatment: sexual assault

Answer 8

Minors who are victims of rape or sexual assault can consent to diagnosis, treatment and collection of medical evidence. If under 12, an attempt to contact parents must be made, unless the parent is the perpetrator of the rape or sexual assault.

Question 9

Minor consent for medical treatment: drugs and alcohol

Answer 9

Minors 12 years of age or older may consent to medical care and counseling related to drug and alcohol problems (excepting inpatient residency)

Minor may not receive methadone treatments without parental consent

Question 10

Minor consent for medical treatment: communicable disease

Answer 10

Minors 12 years of older can consent to medical treatment for communicable disease WITHOUT parental consent

Question 11

Parental consent is always needed for….

Answer 11

ECT, psychosurgery or psychotropic meds
Sterilization
Methadone Treatment