2007 California Family Code Chapter 3. Consent By Minor

CA Codes (fam:6920-6929)

6920.  Subject to the limitations provided in this chapter,
notwithstanding any other provision of law, a minor may consent to
the matters provided in this chapter, and the consent of the minor's
parent or guardian is not necessary.


6921.  A consent given by a minor under this chapter is not subject
to disaffirmance because of minority.



6922.  (a) A minor may consent to the minor's medical care or dental
care if all of the following conditions are satisfied:
   (1) The minor is 15 years of age or older.
   (2) The minor is living separate and apart from the minor's
parents or guardian, whether with or without the consent of a parent
or guardian and regardless of the duration of the separate residence.

   (3) The minor is managing the minor's own financial affairs,
regardless of the source of the minor's income.
   (b) The parents or guardian are not liable for medical care or
dental care provided pursuant to this section.
   (c) A physician and surgeon or dentist may, with or without the
consent of the minor patient, advise the minor's parent or guardian
of the treatment given or needed if the physician and surgeon or
dentist has reason to know, on the basis of the information given by
the minor, the whereabouts of the parent or guardian.



6924.  (a) As used in this section:
   (1) "Mental health treatment or counseling services" means the
provision of mental health treatment or counseling on an outpatient
basis by any of the following:
   (A) A governmental agency.
   (B) A person or agency having a contract with a governmental
agency to provide the services.
   (C) An agency that receives funding from community united funds.
   (D) A runaway house or crisis resolution center.
   (E) A professional person, as defined in paragraph (2).
   (2) "Professional person" means any of the following:
   (A) A person designated as a mental health professional in
Sections 622 to 626, inclusive, of Article 8 of Subchapter 3 of
Chapter 1 of Title 9 of the California Code of Regulations.
   (B) A marriage and family therapist as defined in Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code.
   (C) A licensed educational psychologist as defined in Article 5
(commencing with Section 4986) of Chapter 13 of Division 2 of the
Business and Professions Code.
   (D) A credentialed school psychologist as described in Section
49424 of the Education Code.
   (E) A clinical psychologist as defined in Section 1316.5 of the
Health and Safety Code.
   (F) The chief administrator of an agency referred to in paragraph
(1) or (3).
   (G) A marriage and family therapist registered intern, as defined
in Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, while working under the supervision of
a licensed professional specified in subdivision (f) of Section
4980.40 of the Business and Professions Code.
   (3) "Residential shelter services" means any of the following:
   (A) The provision of residential and other support services to
minors on a temporary or emergency basis in a facility that services
only minors by a governmental agency, a person or agency having a
contract with a governmental agency to provide these services, an
agency that receives funding from community funds, or a licensed
community care facility or crisis resolution center.
   (B) The provision of other support services on a temporary or
emergency basis by any professional person as defined in paragraph
(2).
   (b) A minor who is 12 years of age or older may consent to mental
health treatment or counseling on an outpatient basis, or to
residential shelter services, if both of the following requirements
are satisfied:
   (1) The minor, in the opinion of the attending professional
person, is mature enough to participate intelligently in the
outpatient services or residential shelter services.
   (2) The minor (A) would present a danger of serious physical or
mental harm to self or to others without the mental health treatment
or counseling or residential shelter services, or (B) is the alleged
victim of incest or child abuse.
   (c) A professional person offering residential shelter services,
whether as an individual or as a representative of an entity
specified in paragraph (3) of subdivision (a), shall make his or her
best efforts to notify the parent or guardian of the provision of
services.
   (d) The mental health treatment or counseling of a minor
authorized by this section shall include involvement of the minor's
parent or guardian unless, in the opinion of the professional person
who is treating or counseling the minor, the involvement would be
inappropriate.  The professional person who is treating or counseling
the minor shall state in the client record whether and when the
person attempted to contact the minor's parent or guardian, and
whether the attempt to contact was successful or unsuccessful, or the
reason why, in the professional person's opinion, it would be
inappropriate to contact the minor's parent or guardian.
   (e) The minor's parents or guardian are not liable for payment for
mental health treatment or counseling services provided pursuant to
this section unless the parent or guardian participates in the mental
health treatment or counseling, and then only for services rendered
with the participation of the parent or guardian.  The minor's
parents or guardian are not liable for payment for any residential
shelter services provided pursuant to this section unless the parent
or guardian consented to the provision of those services.
   (f) This section does not authorize a minor to receive convulsive
therapy or psychosurgery as defined in subdivisions (f) and (g) of
Section 5325 of the Welfare and Institutions Code, or psychotropic
drugs without the consent of the minor's parent or guardian.



6925.  (a) A minor may consent to medical care related to the
prevention or treatment of pregnancy.
   (b) This section does not authorize a minor:
   (1) To be sterilized without the consent of the minor's parent or
guardian.
   (2) To receive an abortion without the consent of a parent or
guardian other than as provided in Section 123450 of the Health and
Safety Code.


6926.  (a) A minor who is 12 years of age or older and who may have
come into contact with an infectious, contagious, or communicable
disease may consent to medical care related to the diagnosis or
treatment of the disease, if the disease or condition is one that is
required by law or regulation adopted pursuant to law to be reported
to the local health officer, or is a related sexually transmitted
disease, as may be determined by the State Director of Health
Services.
   (b) The minor's parents or guardian are not liable for payment for
medical care provided pursuant to this section.



6927.  A minor who is 12 years of age or older and who is alleged to
have been raped may consent to medical care related to the diagnosis
or treatment of the condition and the collection of medical evidence
with regard to the alleged rape.



6928.  (a) "Sexually assaulted" as used in this section includes,
but is not limited to, conduct coming within Section 261, 286, or
288a of the Penal Code.
   (b) A minor who is alleged to have been sexually assaulted may
consent to medical care related to the diagnosis and treatment of the
condition, and the collection of medical evidence with regard to the
alleged sexual assault.
   (c) The professional person providing medical treatment shall
attempt to contact the minor's parent or guardian and shall note in
the minor's treatment record the date and time the professional
person attempted to contact the parent or guardian and whether the
attempt was successful or unsuccessful.  This subdivision does not
apply if the professional person reasonably believes that the minor's
parent or guardian committed the sexual assault on the minor.



6929.  (a) As used in this section:
   (1) "Counseling" means the provision of counseling services by a
provider under a contract with the state or a county to provide
alcohol or drug abuse counseling services pursuant to Part 2
(commencing with Section 5600) of Division 5 of the Welfare and
Institutions Code or pursuant to Division 10.5 (commencing with
Section 11750) of the Health and Safety Code.
   (2) "Drug or alcohol" includes, but is not limited to, any
substance listed in any of the following:
   (A) Section 380 or 381 of the Penal Code.
   (B) Division 10 (commencing with Section 11000) of the Health and
Safety Code.
   (C) Subdivision (f) of Section 647 of the Penal Code.
   (3) "LAAM" means levoalphacetylmethadol as specified in paragraph
(10) of subdivision (c) of Section 11055 of the Health and Safety
Code.
   (4) "Professional person" means a physician and surgeon,
registered nurse, psychologist, clinical social worker, marriage and
family therapist, marriage and family therapist registered intern
when appropriately employed and supervised pursuant to subdivision
(f) of Section 4980.40 of the Business and Professions Code,
psychological assistant when appropriately employed and supervised
pursuant to Section 2913 of the Business and Professions Code, or
associate clinical social worker when appropriately employed and
supervised pursuant to Section 4996.18 of the Business and
Professions Code.
   (b) A minor who is 12 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.
   (c) The treatment plan of a minor authorized by this section shall
include the involvement of the minor's parent or guardian, if
appropriate, as determined by the professional person or treatment
facility treating the minor.  The professional person providing
medical care or counseling to a minor shall state in the minor's
treatment record whether and when the professional person attempted
to contact the minor's parent or guardian, and whether the attempt to
contact the parent or guardian was successful or unsuccessful, or
the reason why, in the opinion of the professional person, it would
not be appropriate to contact the minor's parent or guardian.
   (d) The minor's parent or guardian is not liable for payment for
any care provided to a minor pursuant to this section, except that if
the minor's parent or guardian participates in a counseling program
pursuant to this section, the parent or guardian is liable for the
cost of the services provided to the minor and the parent or
guardian.
   (e) This section does not authorize a minor to receive replacement
narcotic abuse treatment, in a program licensed pursuant to Article
3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division
10.5 of the Health and Safety Code, without the consent of the minor'
s parent or guardian.
   (f) It is the intent of the Legislature that the state shall
respect the right of a parent or legal guardian to seek medical care
and counseling for a drug- or alcohol-related problem of a minor
child when the child does not consent to the medical care and
counseling, and nothing in this section shall be construed to
restrict or eliminate this right.
   (g) Notwithstanding any other provision of law, in cases where a
parent or legal guardian has sought the medical care and counseling
for a drug- or alcohol-related problem of a minor child, the
physician shall disclose medical information concerning the care to
the minor's parent or legal guardian upon his or her request, even if
the minor child does not consent to disclosure, without liability
for the disclosure.