Divorced parents may have joint legal custody, which generally means that both parents share the right to authorize medical treatment of the minor patient. In this arrangement, consent of either parent might be satisfactory; however, a court order could exist that gives the consent authority to only one parent, or it may specify who can consent to certain treatments for the child.
Can a parent give consent for medical treatment?
Although either parent may legally be allowed to give consent to treatment, if a minor patient is going to be seen for a period of time—and particularly if medication is going to be given—it is helpful to meet with both parents to get consensus as to the care plan.
Can a minor consent to confidential healthcare?
A minor is allowed to consent to confidential healthcare in two cases: Firstly, the minor is emancipated. Emancipated minors are legally separated from their parents or guardians before age 18, are responsible for supporting themselves, and have the same rights as adults.
Who must authorize or consent to treatment of a minor?
Those laws may provide for exceptions to the requirement of notification. With respect to sole “legal custody,” the person who has such custody is the one who must authorize or consent to treatment of the minor.
Can a parent get medical records without a child’s consent?
Keep in mind, a parent sometimes has to get their child’s consent to access medical records. Age of consent refers to exceptions in state law to allow a minor to assume adult authority in their own healthcare before the age of majority (which is usually age18).
What happens when divorced parents disagree on medical treatment?
If your child's legal custodian refuses a life-saving or life-improving medication, surgery, vaccine, or other medical procedure and you disagree, you can petition the court for intervention.
What happens when two parents disagree on medical treatment?
So a problem arises if your ex isn't complying or is constantly disagreeing with your medical decisions. If this is the case, you can seek relief from the court under the grounds that you and your co-parent are not capable of making joint decisions, and you cannot both exercise legal custody of your child.
Do both parents have to agree on medication?
Solutions for Medication Disputes If one party has sole legal custody, then he or she has the exclusive right to make medical decisions for the children. If you have joint legal custody, then both parents must come to agreement on issues regarding medical decisions.
Can step parents give consent to medical treatment?
In order for a minor child to have a medical procedure, a parent or guardian must give informed consent; however, stepparents generally cannot give this. There are some exceptions to this. For example, if the stepparent legally adopted the child, they can give informed consent for medical care.
Can doctors override parents decisions?
However, there are situations where doctors can disagree with a parent's decision if a child is in a severe medical dilemma. The parens patriae doctrine gives the state the right to intervene with a parent's decision when it's believed they are not acting in the best interest for the child's well-being.
When parents disagree with doctors on a child's treatment who should have the final say?
In some cases, one parent will have legal custody of the child, giving them the final say on major healthcare decisions. But in most cases, parents share joint legal custody. In these instances, parents typically must come to an agreement regarding medical decisions.
Can a parent refuse medication for their child?
Parents have the responsibility and authority to make medical decisions on behalf of their children. This includes the right to refuse or discontinue treatments, even those that may be life-sustaining. However, parental decision-making should be guided by the best interests of the child.
Can a parent demand that you provide their child with treatment and you are uncomfortable with?
Can parents refuse to provide their children with necessary medical treatment on the basis of their beliefs? Parents have legal and moral authority to make health care decisions for their children, as long as those decisions do not pose a significant risk of serious harm to the child's health.
Do you need parental consent for ADHD medication?
If the sole custodian refuses to give prescribed medication, then the other parent can return to court and ask the sole custodian be required to administer the medication. Conversely, the sole custodian does not need the other parent's permission to give medicine to the child.
What step parents should not do?
What not to do as a stepparentTry too hard to please: Many stepparents try too hard to please their stepchildren. ... Impose your own rules without an agreement: Rules often cause misunderstandings in families with stepparents. ... Set your expectations too high: Don't assume you will fit in with the new family immediately.More items...•
Are you still a step parent after divorce?
Legally speaking, you do not have parental rights or responsibilities toward your stepchild unless you adopt them. Nevertheless, your stepchild may still be your stepchild for tax purposes after a divorce, and as many stepparents know, nothing can take away the special bond you form with your stepchild.
Does a step mom have any rights?
Unfortunately, step parents do not have any legal rights to their stepchildren, even if you consider them to be your own children. Unless you legally adopted these children as your own, you cannot lay claim to them during your divorce proceedings.
Who can give custody of a child?
Legal custody may be awarded to one parent (sole custody) or to both parents (joint custody).
What happens when one parent brings a child in for care?
Often, one parent will bring the child in for care and then the other parent will call concerned or angry that they were not consulted before care was rendered, claiming they would not have approved what was done. Webinar: Skills to Survive and Thrive in Private Practice.
What is the best way to resolve custody conflicts?
So in order to resolve custody conflicts in deciding who may give the consent to treat, it is wise to request a copy of the court order relating to custody. This will state the rights of both parents and should be retained in the child's medical record.
What are the two types of custody?
In a nutshell, there are two types of custody arrangements: physical custody and legal custody . Physical custody means the child lives with that parent and is under his or her supervision. However, physical custody does not always give that parent the legal authority to consent for the child.
What to do if you want a copy of a minor's medical records?
Verify the identity of the adult requesting the minor’s medical records to make sure they have the legal authority , as suggested by Coverys’ Risk Management Department. This may involve asking for a copy of the divorce decree, custody agreement, or court order.
What age can a parent access medical records?
Keep in mind, a parent sometimes has to get their child’s consent to access medical records. Age of consent refers to exceptions in state law to allow a minor to assume adult authority in their own healthcare before the age of majority (which is usually age18).
Why is HIPAA important for parents?
Generally, the HIPAA Privacy Rule affords parents access to their child’s medical records because they’re considered their child’s “personal representative.” However, the parent isn’t considered their child’s personal representative in the following three situations:
What age can a minor get treatment?
Minors may be able to get certain treatments without parental involvement before reaching the age of majority (usually 18). Examples include treatment for substance abuse, mental healthcare, contraceptive care, and STD/STI screening and treatment.
What does a stepmother request?
A stepmother requests the medical records of her husband’s 9-year-old child. The woman doesn’t present any authorizations stating her authority to access the child’s records. Is the clinic obligated to give the stepmother access to the child’s medical records?
When are minors emancipated?
Firstly, the minor is emancipated. Emancipated minors are legally separated from their parents or guardians before age 18, are responsible for supporting themselves, and have the same rights as adults. In most states, minors are considered emancipated if they get married, become parents, enlist in the military, or receive court permission. ...
Does Iowa have a consent age?
This is because the state of Iowa doesn’t have a set age of consent, leaving the University of Iowa Hospitals and Clinics free to decide the consent age. This story highlights the inconsistency between state laws on parental access to a minor’s medical records.
What is sole legal custody?
SOLE LEGAL CUSTODY: The parent with sole legal custody has the right to seek mental health evaluation. and/or treatment of child without consent from the non-custodial parent. JOINT LEGAL CUSTODY: When parents have joint legal custody, ask to see the actual court-ordered custody agreement to determine whether the other parent must be notified ...
Do you have to involve both parents in mental health?
Ethics texts recommend making it a rule to involve both parents whenever mental health services are being provided to a child. Even if one parent lives far away, it is possible to obtain written consent and gather information from that parent by phone.
Can a minor get mental health treatment in Virginia?
However, in Virginia, minors also have the right to seek outpatient mental health treatment on their own, without parental consent, and “shall be deemed an adult” for the purposes of consenting to receive those services. [See Virginia Code §54.1-2969 .]
What is the meaning of the Health Care Consent Act?
The Health Care Consent Act (1996) notes that: 20 (1) If a person is incapable with respect to a treatment, consent may be given or refused on his or her behalf by a person described in one of the following paragraphs: 1. The incapable person’s guardian of the person, if the guardian has authority to give or refuse consent to the treatment. ...
What happens if the parents are divorced?
What if the parents are divorced or separated? A: When parents of a child are no longer in a relationship together, often the consent of only one parent is sufficient to proceed with OT service delivery , as both parents are equally ranked substitute decision makers (SDMs) for a child.
What does it mean when a parent retaining an OT's services?
Equally, the parent retaining the OT’s services may say something that would cause an OT to suspect that the parent retaining their services is doing so without the other parent’s knowledge or consent.
Can a parent contact an OT?
For example, a parent may contact the OT upon learning services have been provided to their child and advise consent of both parents has been court ordered. If this situation arises, the OT would be remiss to continue to provide OT services without investigating, and if necessary, obtaining both parents’ consent for future services. Equally, the parent retaining the OT’s services may say something that would cause an OT to suspect that the parent retaining their services is doing so without the other parent’s knowledge or consent. Depending on the information provided, this situation may prompt the need for the OT to investigate further before providing services. In the situation of divorced/separated parents having shared custody, proactive communication and information sharing with both parents about occupational therapy service delivery is ideal, if achievable.
When a parent or guardian is not available to give consent and a delay in treatment would be life answer?
When a parent or guardian is not available to give consent and a delay in treatment would be life-threatening or cause the patient serious harm, consent is presumed. To the extent feasible, however, consent should be obtained for any resultant ongoing treatment.
How old do you have to be to give consent to a patient?
In most states, age 18 is the age of majority and thus, before treating a patient under the age of 18, consent must be obtained from the patient’s parent or legal guardian. This seems relatively straightforward; however, with today’s reality of blended families and children being chauffeured around by nannies and other caregivers, it is not always easy to determine who is accompanying the patient and whether he or she has legal authority to grant consent. In order to avoid confusion, consider the following:
What is the age limit for minors to consent to treatment?
In several states, such as Vermont and California, this right is granted to minors as young as 12.2
What age can a minor be emancipated?
Court-ordered emancipation. A child under the age of 18 who lives independently without the support of parents and makes his or her own day-to-day decisions may petition the court for emancipation. If granted, the minor will have the same legal rights as an adult, including the right to consent to (and refuse) medical treatment. If a minor patient advises you that he or she is emancipated, obtain a copy of the decree to place in the patient’s record.
What to do if a minor is in custody of a legal guardian?
If the minor is in the custody of a legal guardian, ask for proof of guardianship before treating.
When a minor is allowed to consent to treatment, a conversation should occur in which the minor’s expectations regarding?
When a minor is allowed to consent to treatment, a conversation should occur in which the minor’s expectations regarding privacy are discussed. Typically, the right to consent to treatment goes hand-in-hand with the right to confidentiality. While it is important to honor a patient’s privacy rights, a minor’s health situation may be such that it is preferable (or even necessary) to make the minor’s parents aware. As such, minor patients should be told up front that there may be times when you will not be able to honor their requests for confidentiality. “In cases when the physician believes that without parental involvement and guidance, the minor will face a serious health threat, and there is reason to believe that the parents will be helpful and understanding, disclosing the problem to the parents is ethically justified. When the physician does breach confidentiality to the parents, he or she must discuss the reasons for the breach with the minor prior to the disclosure.”3
Who is the legal guardian of a minor?
There may be minor patients for whom a guardian ad litem or legal guardian has been appointed to represent the interests of the minor. In these instances, it is often a state agency that has legal custody of the minor and is the legal guardian. The responsibilities and limits of authority of the guardian will be stated in a court order. Obtain a copy of the court order and examine it carefully prior to treatment to determine any limits on the ability of the legal guardian to consent to treatment of the minor patient.
What to do if parents cannot agree to therapy?
If they cannot agree, let the attorneys or the parties themselves work it out, perhaps with court oversight or involvement . It can be very disruptive to therapy and to the practitioner to be in the middle of a fight between two parents over whether or not treatment was appropriately authorized.
What rights do parents have if they don't have custody of their child?
A parent who does not have legal custody, whether sole or joint, will generally have limited rights with respect to their minor child – such as limitations regarding the authorizing or consenting to care and accessing the medical or mental health records of the child. State laws vary widely with respect to the extent of such limitations.
What is a visitation dispute?
Divorce (marital dissolution), child custody, and visitation disputes often involve very contentious parties who will not be hesitant to complain about a therapist or counselor who treats their minor child without appropriate consent. Litigating parties sometimes have a misunderstanding about custody and control issues, including consent to treat, and sometimes they will try to scare the therapist or counselor into doing something that may not be in the patient’s best interests (or the best interests of the counselor or therapist).
What is physical custody of a minor?
“Physical custody” is simply about whom the child resides with – sometimes referred to as the residential parent or the custodial parent. A parent who does not have legal custody, whether sole or joint, will generally have limited rights with respect to their minor child – such as limitations regarding the authorizing or consenting to care and accessing the medical or mental health records of the child. State laws vary widely with respect to the extent of such limitations.
Why is it important to let parents know about a termination?
It is sometimes helpful to let the parent who demands a termination know that a sudden termination might be harmful to the child’s mental health and that the therapist will make note (in the records) of the fact that this was communicated to such parent. Depending upon circumstances, a court might view that parent’s action to be disruptive and manipulative, and this may affect the court’s ultimate determination of a custody or visitation arrangement.
Can a parent consent to a minor child?
Stated otherwise, the general rule is that either parent may authorize or consent to treatment of their minor child unless the court order specifies otherwise. The court order will sometimes specify those circumstances when the consent of both parents is required, or when other conditions are placed upon the right of a joint custodian ...
Is there a marriage and family therapist in California?
Currently, about half of the licensed marriage and family therapists in the country are licensed in California. While at CAMFT, Richard was primarily responsible for, among other things, the successful effort to criminalize sex between a patient and a therapist.
Parental Rights to A Minor’S Medical Records
Minors’ Rights to Their Own Medical Records
- A minor is allowed to consent to confidential healthcare in two cases: Firstly, the minor is emancipated.Emancipated minors are legally separated from their parents or guardians before age 18, are responsible for supporting themselves, and have the same rights as adults. In most states, minors are considered emancipated if they get married, become ...
Guidelines For Releasing Minors’ Medical Records
- The Privacy Rule defers to state law on whether or not a healthcare provider can share a minor’s medical information with a parent or legal guardian. It’s always a good idea to first check your state law. However, if your state law is silent on the matter, and the parent isn’t a personal representative of the minor, then you must exercise professional judgment on whether or not to …
in Summary
- Divorced or separated parents can present a challenge to healthcare providers. Parents may not understand their own rights and access to their child’s medical information, and it is your responsibility to handle their requests with accuracy and confidentiality. The HIPAA Privacy Rule generally allows parents to access their child’s medical records, but, as we have seen, there are …