Treatment of Minors

Question 1

Consent to treatment

Answer 1

Minors under 18 cannot consent to their own treatment except in legally defined situations

• Emancipated minor
• minor at least 12 if the professional believes the minor is mature enough to participate intelligently
• Parents will be included unless the professional treating the minor, after consulting with the minor, determines that the involvement would be inappropriate
• Minor who is 12 years of age or older may consent to medical care/counseling related to the treatment of drug or alcohol related problems

Question 2

Emancipated minor

Answer 2

Considered an adult for purpose of consent to medical, dential or psychiatric care iwthout parental consent, knowledge, or liability.

Considered emancipated when minor meets ANY of the following:

a) Minor entered into a valid marriage (dissolved or not)
b) Minor is on active duty with the armed forces of the United States
c) Minor has received a declaration of emancipation from the court

Question 3

Consent to treatment by unemancipated minors

Answer 3

Permits minor who is at least 12 years of age to consent to outpatient mental health treatment or counseling if the attending professional believes the minor is mature enough to participate intelligently

Question 4

Consent tor the treatment of minors by parents and others

Answer 4

Bio parents or adoptive parents are married (either may authorize, disagreement seek guidance from court)

Minors bio or adoptive parents are divorce dand share legal custody (either parent alone may consent unless custody says otherwise

Bio or adoptive parents are divorced and one parent has sole legal custody (That parent may make uniliteral decisions

Minor has unmarried parents (If paternity is not in dispute either parent may give consent

Minor has legal guardian ( Legal guardian has same rights as parent)

Minor has stepparent (No authority unless legally adopted)

Minor is dependent in system (Court appointed person)

Minor has a caregiver (Caregiver authorization affidavit signed may consent

Question 5

Confidentiality and access to records

Answer 5

Minors legally and ethically entitled to confidential relationship with therapist

Discuss confidentiality at the beginning with parent and child

Question 6

Disclosure of records of minors to parents and legal guardians

Answer 6

Minors have right to inspect or obtain copy of their own record. Health care provider should not ordinarily share records with minors parents without minors authorization

When records do not pertain to health care, provider may refuse to provide parents access to minors record if it would have a detrimental effect on the providers professional relationship with the minor or minors physical safety/psych well being

Question 7

Disclosure of records of minors to third parties

Answer 7

HIPAA rule require patients written authorization prior to disclosing