California Minor Consent and Confidentiality Laws 2020

Assembly Bill 499, signed into law by the governor in October 2011, created a new California health care law. Previously, the law allowed minors to consent to the diagnosis and treatment of sexually transmitted diseases, but did not allow them to consent to services that would prevent sexually transmitted diseases. Under AB 499, adolescents 12 years of age and older can give their own consent to services for the prevention of sexually transmitted diseases, including HPV vaccine and POST-exposure HIV prophylaxis. AB 499 amended article 6296 of the Family Code. The National Center for Youth Law (NCYL) website provides a wealth of up-to-date national and local news on youth law. NCYL is a private, not-for-profit law firm that serves the legal needs of children and their families. Rebecca Gudeman of NCYL: Minor Consent, Confidentiality, and Child Abuse Reporting in California, was created by Rebecca Gudeman of NCYL: Minor Consent, Confidentiality, and Child Abuse Reporting in California, an important resource for navigating through minor consent and supplier reporting obligations. The CSSS play a unique role for young people who accept services under the laws on the consent of minors. The SBHCS not only improves access to smaller consent services, but also allows young people to access these services in a truly confidential manner.

Youth who need smaller consent services do not have to worry about transportation to and from their appointments and can apologize for their absence from class. SBHC helps young people accept and access the services to which they are entitled under California law. California is one of many states that allow minors to consent to certain health care themselves. This article deals with issues related to the right of minors to consent to psychiatric treatment and the disclosure of the confidential treatment of minors. California Gov. Arnold Schwarzenegger has signed a new law that will make it easier for teens to get the psychological counseling they need. The law, which is set to come into force on Jan. 1, allows children 12 and older to consent to their own psychiatric care if a psychiatrist deems them mature enough to participate intelligently in treatment. Senate Bill 543, signed by the governor in October 2010, created a new right to mental health in California. This table describes health and safety code 124260, the Minors Consent Act created by SB 543, and highlights the differences between Health and Safety Code 124260 and Family Code 6924, the former Mental Health Act with respect to minors.

Please note that “Section 124260 of the Health and Safety Code does not apply to the receipt of benefits under the Medi-Cal program.” This means that if the minor`s mental health services fall or become on EPSDT, the provider must obtain the consent of the parent or guardian. For more information, visit the National Juvenile Law Website. Conclusion Legal issues surrounding the treatment of minors can be complicated, especially when it comes to consent and confidentiality. CamFT`s legal department frequently receives calls from members with questions about this. A thorough understanding and review of minors` right to consent and confidentiality will help therapists respond appropriately to requests from parents (or third parties) for disclosure of juvenile treatment records. The alternative interpretation is that health care providers are required to obtain written permission from a minor patient if the minor may have legally consented or is legally authorized to consent to the treatment, whether or not the parents consented to the care. This interpretation has a major impact on the treatment of minors` mental health in California. Since the law allows minors aged 12 years or older and sufficiently mature to participate intelligently in therapy to consent to outpatient psychiatric treatment (juvenile consent laws), such minors should essentially give their permission before a therapist can disclose treatment records, including to parents. After extensive research, this interpretation appears to be the dominant view of jurists, lawyers, professional associations and district authorities on the issue. In addition, camft sought the advice of the Legislative Counsel to provide authoritative advice to our members on this issue. The Legislative Counsel agrees with this interpretation. Teens need assurances of privacy and confidentiality with their health care providers.

However, providers state that they are confused and confused by the various laws on privacy and consent of minors, as well as their responsibilities in reporting child abuse.