The concept of decisional capacity is important to health care providers who treat minors for at least two reasons. First, it determines whether any particular minor may be treated under state “minor’s consent” laws. Only minors with decisional capacity should be treated under these laws. (The North Carolina statute commonly known as the minor’s consent law, G.S. 90‐21.5, is described later in this document, under the heading “Minor Authorized to Consent.”) Second, even when a minor clearly does not have legal capacity to consent, the minor may have sufficient decisional capacity that a health care provider will wish to involve the minor in significant health care decision‐making. Even when a minor’s parent or other responsible adult provides the legal consent for treatment, a provider may also seek the minor’s assent to the treatment. Assent is not identical to consent, but it does involve consultation with the minor, with developmentally appropriate explanations and an opportunity for the minor to express his or her wishes regarding the treatment.1 In some cases, a physician may refuse to proceed with treatment without the minor’s assent.
Full Answer
Can a minor consent to medical treatment?
minor cannot consent to medical treatment, and a parent, guardian, or person in loco parentis must consent to the treatment of a minor. However, there are several exceptions that permit a minor to consent for him or herself, and these exceptions depend upon either the minor’s legal
What are the requirements for a minor seeking care?
“Minor seeking care” must be at least 14 years old, living separate and apart from his or her parents or legal guardian, whether with or without the consent of a parent or legal guardian, who is unable or unwilling to return to the residence of a parent, and managing his or her own personal affairs. (iv) Managing the minor’s own affairs.
Who is responsible for paying for medical treatment for a minor?
The minor is financially responsible for the treatment, and payment may not be sought from the parent or guardian. If the minor is under 12 years of age, however, the treating physician must report it to DCF.
When is a minor qualified and competent to obtain medical care?
A minor shall be qualified and competent to obtain medical care if the minor is 16 or 17 years of age, homeless or a victim of domestic violence, and self-supporting. The minor must be able to show that the minor’s parent or legal guardian has expressly or implicitly consented to the minor living independent of the parents’ or guardians’ control.
What kinds of medical decisions if any Should minors be permitted to make for themselves?
Many states specifically authorize minors to consent to contraceptive services, testing and treatment for HIV and other sexually transmitted diseases, prenatal care and delivery services, treatment for alcohol and drug abuse, and outpatient mental health care.
What type of consent is involved in treating a minor in an emergency?
It is legal in every state to provide emergency medical care to a minor without parental consent. Minors may consent to emergency care if they have the capacity to do so. However, assent for emergency care is no more required than is parental permission.
Should minors refuse medical treatment?
A mature minor is an adolescent younger than the age of majority. Such a minor can consent or refuse to consent to medical treatment if it is established that the minor is sufficiently mature to understand, discern and appreciate the benefits and risks of the proposed medical treatment.
Should a doctor be able to provide medical care to a minor despite their parents wishes?
Under the law, children are entitled to protection and appropriate medical treatment despite their parents' religious views. Most states require parents to provide a reasonable degree of medical care for their children. Otherwise, they may face legal consequences, regardless of their religious beliefs.
What is minor consent?
Minor consent laws allow young people aged 12 and over to consent to certain services without parent or guardian involvement. Minors may consent to certain services related to sexual and reproductive health, mental health, and drug and alcohol treatment.
How do you obtain informed consent from an incompetent patient or a minor?
Patients who are medically incompetent may not give a valid consent. The EMS provider should attempt to ascertain whether the patient has a representative such as a guardian, agent under the Health Care Powers of Attorney Act, or surrogate under the Health Care Surrogate Act.
What considered minor?
All states define an "age of majority", usually 18. Persons younger than this age are considered minors, and must be under the care of a parent or guardian unless they are emancipated.
When can a child consent to medical treatment?
People aged 16 or over are entitled to consent to their own treatment. This can only be overruled in exceptional circumstances. Like adults, young people (aged 16 or 17) are presumed to have sufficient capacity to decide on their own medical treatment, unless there's significant evidence to suggest otherwise.
Can minors go to therapy without parental consent?
In What Cases Will I Need a Parent's Permission to Go to Therapy? In many states, if you are under the age of 18, you will need a parent's permission to attend therapy. This is because in order to give any kind of treatment—medical or psychological—a patient's consent must first be obtained.
Why should parents make medical decisions for their child?
Introduction: Parents/legal guardians are medical decision-makers for their minor children. Lack of parental capacity to appreciate the implications of the diagnosis and consequences of refusing recommended treatment may impede pediatric patients from receiving adequate medical care.
Can parents refuse medical treatment for their child for religious reasons?
“The U.S. values religious freedom to the point where states are willing to grant parents the right to refuse even life-saving medical treatments for their children if the parents can show that there's a religious tenet that would be violated by administering the treatment,” said Efthimios Parasidis, JD, a professor of ...
What course of action should be taken when two parents disagree on treatment for their child?
If you have joint legal custody and are unable to come to an agreement with the other parent, you may have to go through mediation to resolve these disagreements. Alternatively, you could agree to have a neutral third party decide for you. In drastic situations, the court may decide on your behalf.
What is the age limit for a minor to consent to their own health care in Indiana?
INDIANA. Ind. Code § 16-36-1-3. A minor may consent to the minor’s own health care if the minor is: (i) At least 14 years of age; (ii) Not dependent on a parent for support; (iii) Living apart from the minor’s parents or from an individual in loco parentis; and. (iv) Managing the minor’s own affairs. KANSAS.
How old do you have to be to get medical care in Alaska?
Any minor who is 14 years of age or older, or has graduated from high school, or is married, or having been married is divorced or is pregnant may give effective consent to any legally authorized medical, dental, health or mental health services for himself or herself, and the consent of no other person shall be necessary. ALASKA.
What is the law in North Dakota for unaccompanied minors?
SB 2265 (2021) An unaccompanied homeless minor 14 years of age or older may consent to, contract for, and receive medical, dental, or behavioral health examinations, care, or treatment without permission, authority, or consent of a parent or guardian.
What is the code for a minor in Montana?
MONTANA. Mont. Code § 41-1-402. A minor who professes to be or is found to be separated from the minor’s parent, parents, or legal guardian for whatever reason and is providing self-support by whatever means may consent to the provision of health services and to control access to protected health care information.
Is consent necessary for medical care in Arkansas?
The consent of the parent, or parents, of such a person is not necessary in order to authorize hospital, medical and surgical care. ARKANSAS. Ark. Code § 20-9-602 (7) Any one of the following persons may consent, either orally or otherwise, to any surgical or medical treatment or procedure not prohibited by law that is suggested, recommended, ...
Can a minor give consent to a dentist?
A minor living apart from his or her parents and who is managing his or her own financial affairs, regardless of the source or extent of income, may give consent for medical or dental services. ARIZONA. Ariz. Rev. Stat. § 44-132.
Can a minor get dental care without parental consent?
Medical, dental and health services may be rendered to minors of any age without the consent of a parent or legal guardian when, in the physician’s judgment, an attempt to secure consent would result in delay of treatment which would increase the risk to the minor’s life or health. RHODE ISLAND.
When a minor can receive treatment without parental permission?
WHEN A MINOR CAN RECEIVE TREATMENT WITHOUT AUTHORIZATION OF PARENT OR GUARDIAN. the minor would otherwise reject treatment, treatment is clinically indicated, the failure to provide treatment would be seriously detrimental to the minor's well-being, the minor has knowingly and voluntarily sought the treatment, and.
Who is responsible for providing all necessary goods and services for their children, including health care?
Parents and guardians are responsible for providing all necessary goods and services for their children, including health care. 37 With a few exceptions, minors may not authorize medical treatment for themselves without the permission of a parent or guardian. 38. WHEN A PARENT OR GUARDIAN DOES NOT WANT A CHILD TO RECEIVE CERTAIN TREATMENT.
What happens after 6th treatment?
After the sixth treatment, the provider must require notification to the parent or guardian unless it would be seriously detrimental to the minor's well-being.
Can a minor be disclosed to parents?
The fact that the minor has sought treatment or is in treatment may be disclosed to parents only with the minor's consent. Venereal disease: A doctor may examine and treat a minor for venereal disease. 42 Records of the treatment are confidential and may not be disclosed to the parent or guardian. The minor is financially responsible for ...
Who is authorized to order medical care for a child held in a detention center?
Detention. The administrator of a detention center run by the Judicial Branch is authorized to order medical care for any child being held in the detention center "as is necessary to ensure the continued good health or life of the child.".
Can a minor get treatment for substance abuse?
A minor may obtain substance abuse treatment without the permission of a parent or guardian. 41 The minor is financially responsible for the treatment, and payment may not be sought from the parent or guardian. The fact that the minor has sought treatment or is in treatment may be disclosed to parents only with the minor's consent.
What is the guidance for treating a minor?
Guidance when treating a minor - the minor's rights, the parents' rights, and non-parental consent situations. Unless limited by court order, parents have the rights and duties to provide for their minor child, including providing the child with medical care. However, situations arise when it is difficult for a physician to determine when ...
What is consent for treatment of minors?
The Texas Medical Association (TMA) whitepaper Consent for Treatment of Minors (members only) provides guidance, including situations involving examination for abuse and neglect, consent for counseling, immunization or sterilization, and more.
What is a consent to the diagnosis and treatment of an infectious, contagious, or communicable disease?
consents to the diagnosis and treatment of an infectious, contagious, or communicable disease that is required by law or a rule to be reported to a local or state health department, including all diseases in Section 81.041 , Health and Safety Code; is unmarried and pregnant and consents to hospital, medical or surgical treatment related to ...
What is the age limit for consent to treatment in Texas?
armed forces; is (a) 16 years of age or older and resides separate and apart from the child's parents, managing conservator, or guardian, ...
What is a minor in Texas?
The Texas Statutes Family Code 101.003 defines a Child or Minor: A child or minor means a person under 18 years of age who is or has not been married or has not had the disabilities of minority removed for general purposes.
Do minors need parental consent to be treated?
A minor being treated for conditions that do not require parental consent should be warned that if a parent or guardian demands release of the medical records, the law requires the physician to do so, as provided in Texas Statutes Family Code 153.073 ( refer to Rights of the Parents below ).
Can a child consent to counseling?
A child may consent to counseling for suicide prevention, chemical addiction or dependency, or sexual, physical, or emotional abuse. Refer to Code 32.004 for the complete statute. Examination for Abuse or Neglect. The law with respect to consent and suspected abuse or neglect is very specific.
Do emancipated minors need parental consent?
Parental consent is not required for emancipated minors. These individuals are expressly authorized by law to consent to treatment for themselves, and no other person’s consent is required.7 However, the status of being an emancipated minor is uncommon. Under North Carolina law, there are only two ways
Can a doctor treat a minor without parental consent in North Carolina?
North Caro lina statute authorizes a physician to treat a minor without the consent of the minor’s parent, guardian, or person standing in loco parentis in emergencies and other urgent circumstances.26 Specifically, the law authorizes treatment of the minor without consent when any of the following circumstances apply:
Can a parent refuse to consent to a minor's treatment?
Sometimes a parent, guardian, or person in loco parentis will refuse to consent to treatment that a minor’s physician believes is necessary. North Carolina law addresses this refusal in two statutes. G.S. 7B-3600 provides a procedure for a court to authorize emergency treatment of a minor to which a parent, guardian, custodian, or person in loco parentis refuses to consent. However, if the time required to obtain the court order would endanger the life or seriously worsen the physical condition of the child, the physician may proceed with the emergency treatment without consent and without a court order, if another physician agrees that the treatment is necessary to prevent immediate harm to the child (G.S. 90-21.1(4)).
What happens if a parent refuses medical care for a minor?
When parents refuse necessary or life-saving care for their child, they could face serious legal consequences as well. States often refer to this as medical neglect and have laws against it.
Who can report medical decisions to parents?
In most states, anyone can report parents for their medical decision making regarding their children, including: The child. Doctors, nurses, or other medical staff. Social workers or counselors.
What are the decisions parents make when their child is sick?
When a child is sick, parents need to decide when to see a physician or agree to a course of treatment. Other medical decisions are preventative, such as whether to vaccinate a healthy child. What seems like an easy decision for one parent is often a difficult decision ...
What is the expected outcome of a child's treatment?
The expected outcome of that treatment is a relatively normal life with a reasonably good quality of life. The child would die without the treatment. The parent is refusing to grant consent for the treatment.
Can a parent refuse hospice care?
For example: If a child has a terminal condition and several doctors agree that treatment is no longer beneficial for the child, then the parents have the right to refuse treatment and seek hospice care for their child.
Can a state make medical decisions for a child?
But this isn’t always the case if the decision may endanger a child’s life. Although health care decision-making is one ...
Can a minor be a minor in another state?
States have different laws on the age of consent for medical procedures, so a minor in one state may not be considered a minor in another. This could have major implications for the parent’s decision-making ability and whether the state can intervene at all. Depending on the state, teenagers may have the ability to go to a doctor’s office on their ...
What is the preferred relationship between a physician and a patient?
A traditional model of the preferred relationship between physician and patient was that of “paternalism.” In that model, the physician acted in whatever way he or she felt would most benefit the patient, even though sometimes this seemed to fail to respect the patient’s own right, freedom, or autonomy to know details of the diagnosis, all the treatment options, and make healthcare decisions for himself or herself.
What happens if a parent refuses to consent to a treatment for their child?
But if the parents refuse to consent to a treatment for their child patient that the physician thinks is in the child’s best interests, the question arises of whether the physician should take a more paternalistic attitude toward the situation and ask the court to force to allow the treatment to proceed.
What do teens want from their parents?
Teenagers commonly want control of their own lives and privacy from their parents so there may be a clash between what the parent wants to know and what the teen wants to reveal. During a routine office visit the provider may learn of teen patient tobacco use, sexual activity, alcohol consumption or drug use.
What is an emancipated minor?
Emancipated minors are under eighteen but recognized as adults. The basic idea for such a category is that a teenager who is living apart from parents, independently, managing their own finances, and maybe even married, is in effect acting as an adult already.
What is the capacity to give consent to a diagnosis?
To be able to give consent such patients must have what has been called “decision-making capacity” or “decisional capacity.”.
What is considered a mature minor?
Some states and countries recognize a legal category of “mature minor,” a person under eighteen, and depending on jurisdiction sometimes as young as twelve, who can for some purposes be treated as an adult.
Can a child be incapacitated by mental illness?
The patient must not be incapacitated by mental impairment , alcohol, drugs, or by the disease itself. Young children cannot understand the nature of most medical procedures or assess the expected benefits in light of the possible risks. Spelling out complicated procedures in detail will confuse and may scare them.
TMA Guidance
Rights of A Minor
- The Texas Statutes Family Code 101.003(a) states: A child or minor means a person under 18 years of age who is or has not been married or has not had the disabilities of minority removed for general purposes. Generally, minors do not have the legal capacity to consent to medical treatment; however, Texas Statutes Family Code Chapter 31identifies an...
Rights of The Parents
- The Texas Statutes Family Code 151.001(a) Rights and Duties of a Parent states: A parent of a child has the rights and duties: (3) the duty to support the child, including providing the child with...medical and dental care... however, Section 153 provides for certain limitations to those rights (see below 'Situations Involving Divorce'). The Medical Practice Act/Texas Occupations Co…
Non-Parental Consent
- When the person having the power to consent cannot be contacted and actual notice to the contrary has not been given, other persons and entities can give consent; however, there must be written authorization to do so. 1. a grandparent of the child; 2. an adult brother or sister of the child; 3. an adult aunt or uncle of the child; 4. an educational institution in which the child is enrol…