Consent by Minor
Cal. FAM § 6929
California Statutes
(
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 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 or of the Penal Code. (
B) Division 10 (commencing with
Section 11000) of the Health and Safety Code. (
C) Subdivision (
f) of
Section of the Penal Code. (3) “LAAM” means levoalphacetylmethadol as specified in paragraph (10) of subdivision (
c) of
Section of the Health and Safety Code. (4) “Professional person” means a physician and surgeon, registered nurse, psychologist, clinical social worker, professional clinical counselor, marriage and family therapist, registered marriage and family therapist intern when appropriately employed and supervised pursuant to
Section 4980.43 of the Business and Professions Code, psychological assistant when appropriately employed and supervised pursuant to
Section of the Business and Professions Code, associate clinical social worker when appropriately employed and supervised pursuant to
Section 4996.18 of the Business and Professions Code, or registered clinical counselor intern when appropriately employed and supervised pursuant to
Section 4999.42 of the Business and Professions Code. (
b) A minor who is 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 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)
(1) This
section does not authorize a minor to receive replacement narcotic therapy, in a program licensed pursuant to
Article 1 (commencing with
Section 11839) of
Chapter of Part of Division 10.5 of the Health and Safety Code, without the consent of the minor’s parent or guardian.
(2) Notwithstanding paragraph (1), a minor years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of the minor’s parent or guardian only if, and to the extent, expressly permitted by federal law. (
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 law, when 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 and surgeon shall disclose medical information concerning the care to the minor’s parent or legal guardian upon the parent’s or guardian’s request, even if the minor child does not consent to disclosure, without liability for the disclosure.