Medical Care of Minors

Division 11, Part 4 of the Family Code concerns the medical treatment of minors. Chapter 1 contains definitions. Section 6900 provides that the definitions in this chapter govern the construction of this part.

Section 6901 defines “dental care.” Section 6902 defines “medical care.” Section 6902 defines “parent or guardian.” Section 6904 defines “vision care.”

Chapter 2 deals with consent by the a person who has care of a minor or by the court.

Section 6910 states that the parent, guardian, or caregiver of a minor who is a relative of the minor and who may authorize medical care and dental care may authorize in writing an adult into whose care a minor has been entrusted to consent to medical care or dental care, or both, for the minor.

Section 6911 allows the court to summarily grant consent for medical care or dental care or both for the minor if the court determines two specified facts.

Chapter 3 deals with consent by a minor. Section 6920 states that a minor may consent to the matters provided in this chapter, and the consent of the minor’s parent or guardian is not necessary.

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

Section 6922 allows a minor to consent to the minor’s medical care, vision care, or dental care if all of the three specified conditions are satisfied. The parents or guardian are not liable for medical care, vision care, or dental care provided pursuant to this section.

Section 6924 defines the terms “mental health treatment or counseling services,” “professional person,” and “residential shelter services.” A professional person offering residential shelter services, whether as an individual or as a representative of an entity, is required to make their best efforts to notify the parent or guardian of the provision of services. 

The mental health treatment or counseling of a minor authorized by this section must include involvement of the minor’s parent or guardian unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate.

The professional person who is treating or counseling the minor must 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.

Section 6925 says that a minor may consent to medical care related to the prevention or treatment of pregnancy. However, it does not authorize a minor to take two specified actions.

Section 6926 states that 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,.

Section 6927 specifies that 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.

Section 6928 defines the term “sexually assaulted.” 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.

The professional person providing medical treatment is required to 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.

Section 6929 provides definitions for the following terms: “counseling,” “drug or alcohol,” “LAAM,” and “professional person.”  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. The treatment plan of a minor authorized by this section must include the involvement of the minor’s parent or guardian, if appropriate, as determined by the professional person or treatment facility treating the minor.

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 are required to 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.

Section 6929.1 provides that a minor 16 years of age or older may consent to opioid use disorder treatment that uses buprenorphine at a physician’s office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not the minor also has the consent of their parent or guardian.

Section 6930 specifies that a minor who is 12 years of age or older and who states that the minor is injured as a result of intimate partner violence may consent to medical care related to the diagnosis or treatment of the injury and the collection of medical evidence with regard to the alleged intimate partner violence. The term “intimate partner violence” is defined.

If the health practitioner providing treatment believes that the injuries described require a report, the health practitioner is required to do two specified actions.