© 2024 National Center for Youth Law, revised: Dec. 2023. Available at www.teenhealthlaw.org. This chart may be reproduced if accompanied by an acknowledgement of its source.
This chart provides legal information, not advice. Providers are encouraged to speak to their own legal counsel for advice on application of these laws.
1
CALIFORNIA MINOR CONSENT AND CONFIDENTIALITY LAWS
@
MINORS OF ANY AGE MAY
CONSENT
LAW/DETAILS
MAY/MUST THE HEALTH CARE PROVIDER INFORM
A PARENT ABOUT THIS CARE OR DISCLOSE
RELATED MEDICAL INFORMATION TO THEM?
PREGNANCY
“A minor may consent to medical care
1
related
to the prevention or treatment of pregnancy,”
except sterilization. (Fam. Code § 6925).
The health care provider is not permitted to inform a parent or legal
guardian without the minor’s consent. The provider can only share
the minor’s medical information with them with a signed
authorization from the minor. (Health & Saf. Code §§ 123110(a),
123115(a)(1); Civ. Code §§ 56.10, 56.11).
CONTRACEPTION
A minor may obtain all forms of birth control
without parental consent, including long acting
reversible contraception and emergency
contraception. A minor may not consent to
sterilization. (Fam. Code § 6925). In 2022,
Article 1, section 1.1 was added to the California
Constitution, which states: “The state shall not
deny or interfere with an individual’s
reproductive freedom in their most intimate
decisions, which includes their fundamental
right to choose to have an abortion and their
fundamental right to choose or refuse
contraceptives.”
ABORTION
A minor may consent to an abortion without
parental consent. (Fam. Code § 6925; American
Academy of Pediatrics v. Lungren, 16 Cal.4
th
307 (1997)). In 2022, Article 1, section 1.1 was
added to the California Constitution, which
states: “The state shall not deny or interfere with
an individual’s reproductive freedom in their
most intimate decisions, which includes their
fundamental right to choose to have an abortion
and their fundamental right to choose or refuse
contraceptives.”
The health care provider is not permitted to inform a parent or legal
guardian without the minor’s consent. The provider can only share
the minor’s medical information with them with a signed
authorization from the minor. (American Academy of Pediatrics v.
Lungren, 16 Cal.4
th
307 (1997); Health & Safety Code §§
123110(a), 123115(a)(1); Civ. Code §§ 56.10, 56.11).
© 2024 National Center for Youth Law, revised: Dec. 2023. Available at www.teenhealthlaw.org. This chart may be reproduced if accompanied by an acknowledgement of its source.
This chart provides legal information, not advice. Providers are encouraged to speak to their own legal counsel for advice on application of these laws.
2
MINORS OF ANY AGE MAY CONSENT
LAW/DETAILS
MAY/MUST THE HEALTH CARE PROVIDER INFORM
A PARENT ABOUT THIS CARE OR DISCLOSE
RELATED MEDICAL INFORMATION TO THEM?
SEXUAL ASSAULT* SERVICES
*For the purposes of minor consent health care alone,
sexual assault includes acts of oral copulation, sodomy,
and other crimes of a sexual nature.
“A minor who [may] have been sexually
assaulted may consent to medical care
1
related to
the diagnosis, treatment and the collection of
medical evidence with regard to the …assault.”
(Fam. Code § 6928).
The health care provider must attempt to contact the minor’s
parent/guardian and note in the minor’s record the day and time of
the attempted contact and whether it was successful. This provision
does not apply if the treating professional reasonably believes that
the parent/guardian committed the assault. (Fam. Code § 6928).
Both rape and sexual assault of a minor are considered child abuse
under California law, and mandated reporters, including health
providers, must report it as such. Providers cannot disclose to
parents that they have made this report without the minor’s
authorization. However, minor patients should be advised that the
child abuse authorities investigating the report may disclose to
parents that a report was made. (See Pen. Code §§ 11165.1, 11165.6,
11166, 11167.)
RAPE* SERVICES FOR
MINORS UNDER 12 YRS**
*Rape is defined in Penal Code § 261.
**See also “Rape Services for Minors 12 and Over” on
page 3 of this chart
A minor under 12 years of age who may have
been raped “may consent to medical care
1
related
to the diagnosis,…treatment and the collection
of medical evidence with regard” to the rape.
(Fam. Code § 6928).
EMERGENCY MEDICAL
SERVICES*
*An emergency is “a situation . . . requiring immediate
services for alleviation of severe pain or immediate
diagnosis of unforeseeable medical conditions, which, if
not immediately diagnosed and treated, would lead to
serious disability or death” (Bus. & Prof. § 2397(c)(2)).
A provider shall not be liable for performing a
procedure on a minor if the provider “reasonably
believed that [the] procedure should be
undertaken immediately and that there was
insufficient time to obtain [parental] informed
consent.” (Bus. & Prof. Code § 2397).
The parent or guardian usually has a right to inspect the minor’s
records. (Health & Saf. Code §§ 123110(a); Civ. Code § 56.10. But
see exception at endnote (
EXC.
)).
SKELETAL X-RAY TO
DIAGNOSE CHILD ABUSE OR
NEGLECT*
* This section does not authorize a minor to consent.
Instead it clarifies that the provider does not need the
minor’s or parent’s consent to perform a procedure under
this section.
“A physician and surgeon or dentist or their
agents . . . may take skeletal X-rays of the child
without the consent of the child's parent or
guardian, but only for purposes of diagnosing
the case as one of possible child abuse or neglect
and determining the extent of.” (Penal Code §
11171.2).
Neither the physician-patient privilege nor the psychotherapist-
patient privilege applies to information reported pursuant to this law
in any court proceeding.
© 2024 National Center for Youth Law, revised: Dec. 2023. Available at www.teenhealthlaw.org. This chart may be reproduced if accompanied by an acknowledgement of its source.
This chart provides legal information, not advice. Providers are encouraged to speak to their own legal counsel for advice on application of these laws.
3
MINORS 12 YEARS OF AGE OR
OLDER MAY CONSENT
MAY/MUST THE HEALTH CARE PROVIDER INFORM A
PARENT ABOUT THIS CARE OR DISCLOSE RELATED
MEDICAL INFORMATION TO THEM?
INFECTIOUS, CONTAGIOUS
COMMUNICABLE
DISEASES (DIAGNOSIS,
TREATMENT)
The health care provider is not permitted to inform a parent or legal
guardian without the minor’s consent. The provider can only share
the minor’s medical information with them with a signed
authorization from the minor. (Health & Saf. Code §§ 123110(a),
123115(a)(1); Civ. Code §§ 56.10, 56.11).
SEXUALLY TRANSMITTED
DISEASES (PREVENTIVE
CARE, DIAGNOSIS,
TREATMENT)
The health care provider is not permitted to inform a parent or legal
guardian without the minor’s consent. The provider can only share
the minor’s medical information with them with a signed
authorization from the minor. (Health & Saf. Code §§ 123110(a),
123115(a)(1); Civ. Code §§ 56.10, 56.11).
AIDS/HIV (PREVENTIVE
CARE, TESTING,
DIAGNOSIS, AND
TREATMENT)
The health care provider is not permitted to inform a parent or legal
guardian without the minor’s consent. The provider can only share
the minor’s medical information with them with a signed
authorization from the minor. (Health & Saf. Code §§ 123110(a),
123115(a)(1); Civ. Code §§ 56.10, 56.11).
RAPE SERVICES FOR
MINORS 12 and OVER
The health care provider is not permitted to inform a parent or legal
guardian without the minor’s consent. The provider can only share
the minor’s medical information with them with a signed
authorization from the minor. (Health & Saf. Code §§ 123110(a),
123115(a)(1); Civ. Code §§ 56.10, 56.11).
Rape of a minor is considered child abuse under California law, and
mandated reporters, including health care providers, must report it as
© 2024 National Center for Youth Law, revised: Dec. 2023. Available at www.teenhealthlaw.org. This chart may be reproduced if accompanied by an acknowledgement of its source.
This chart provides legal information, not advice. Providers are encouraged to speak to their own legal counsel for advice on application of these laws.
4
such. Providers cannot disclose to parents that they have made this
report without the minor’s authorization. However, minor patients
should be advised that the child abuse authorities investigating the
report may disclose to parents that a report was made. (See Pen. Code
§§ 11165.1, 11165.6, 11166, 11167.)
INTIMATE PARTNER
VIOLENCE*
*For the purposes of minor consent health care
alone, “'intimate partner violence’ means an
intentional or reckless infliction of bodily harm that
is perpetrated by a person with whom the minor has
or has had a sexual, dating, or spousal relationship.”
If the minor is seeking services as a result of a rape
or sexual assault, minor consent services should be
provided under the “sexual assault” or “rape” minor
consent laws rather than this law. (Fam. Code §
6930(b)).
INTIMATE PARTNER
VIOLENCE, cont.
The health care provider is not permitted to disclose
information to a parent or legal guardian without the minor’s
authorization. The provider can only share that information with a
signed authorization from the minor. (Health & Saf. Code §§
123110(a), 123115(a)(1); Civ. Code §§ 56.10, 56.11).
In most cases, intimate partner violence as defined in this statute will
meet the definition of child abuse for reporting purposes and
mandated reporters must report it as such. Providers cannot disclose to
parents that they have made this report without the minor’s
authorization. However, minor patients should be advised that the
child abuse authorities investigating the report may disclose to parents
that a report was made. (Pen. Code §§ 11165.6, 11166, 11167.).
In cases where a child abuse report is not required (e.g., where the
injury was caused by a "mutual affray between minors"), a report
under Penal Code 11160 (injuries caused by firearms or assaultive or
abusive conduct) may be mandated.
If a report under Penal Code 11160 is made, the health provider shall
do both of the following:
1) inform the minor that the report will be made, and
2) attempt to contact the minor’s parent or guardian and inform
them of the report.
The health practitioner shall note in the minor’s treatment record the
date and time of the attempt to contact the parent or guardian, and
whether the attempt was successful or unsuccessful. This notification
requirement does not apply if the health practitioner reasonably believes
that the minor’s parent or guardian inflicted the gunshot or suspicious
injury. (Fam. Code § 6930(c)).
Note: When an injury appears as if it could be reported under either
child abuse reporting law or Penal Code 11160, the reporter must
report it as child abuse rather than under Penal Code 11160. (Pen.
Code § 11162.7.) Providers should discuss the application and
intersection of these reporting laws with their legal counsel.
© 2024 National Center for Youth Law, revised: Dec. 2023. Available at www.teenhealthlaw.org. This chart may be reproduced if accompanied by an acknowledgement of its source.
This chart provides legal information, not advice. Providers are encouraged to speak to their own legal counsel for advice on application of these laws.
5
MINORS 12 YEARS OF AGE
OR OLDER MAY CONSENT
LAW/DETAILS
MAY/MUST THE HEALTH CARE PROVIDER INFORM
A PARENT ABOUT THIS CARE OR DISCLOSE
RELATED MEDICAL INFORMATION TO THEM?
OUTPATIENT
MENTAL HEALTH
SERVICES*/
SHELTER SERVICES
*This section does not authorize a minor to
receive inpatient psychiatric care, convulsive
therapy, psychosurgery or psychotropic drugs
on their own consent.
Two statutes give minors the right to consent to mental
health treatment. If a minor meets the criteria under either
statute, the minor may consent to their own treatment. If
the minor meets the criteria under both, the provider may
decide which statute to apply. There are differences
between them. See endnote ^ for more on these
differences:
Family Code § 6924
“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. AND
(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.” (Fam. Code § 6924.)
Starting July 1, 2024, Cal. Fam. Code § 6924 is updated
to provide that a minor age 12 or older may consent for
outpatient mental health treatment or counseling if the
minor, in the opinion of the attending professional person,
is mature enough to participate intelligently in the
outpatient mental health treatment or counseling. There
will be no additional criteria.
Health & Safety Code § 124260
“[A] minor who is 12 years of age or older may consent to
[outpatient] mental health treatment or counseling services
if, in the opinion of the attending professional person, the
minor is mature enough to participate intelligently in the
mental health treatment or counseling services.” (Health &
Saf. Code § 124260.)
MENTAL HEALTH TREATMENT:
Family Code § 6924
The health care provider is required to involve a parent or guardian
in the minor’s treatment unless the health care provider decides that
such involvement is inappropriate. This decision and any attempts
to contact parents must be documented in the minor’s record.
Starting July 1, 2024, the health care provider is required to
involve a parent or guardian in the minor’s treatment unless the
health care provider decides that such involvement is inappropriate.
The provider must consult with the minor before deciding whether
to involve parents This decision and any attempts to contact parents
must be documented in the minor’s record. (Fam. Code § 6924; 45
C.F.R. 164.502(g)(3)(ii).) See also exception (EXC) at endnote.
Health & Safety Code § 124260
The health care provider is required to involve a parent or guardian
in the minor’s treatment unless the health care provider decides that
such involvement is inappropriate. The provider must consult with
the minor before deciding whether to involve parents This decision
and any attempts to contact parents must be documented in the
minor’s record. (Health & Saf. Code § 124260(a).)
While this exception allows providers to inform and involve parents
in treatment when appropriate, it does not give providers a right to
disclose medical records to parents without the minor’s
authorization. The provider can only share the minor’s medical
records with parents with a signed authorization from the minor.
(Health & Saf. Code §§ 123110(a), 123115(a)(1); Civ. Code §§
56.10, 56.11, 56.30; Welf. & Inst. Code § 5328.) See also exception
(EXC) at endnote.
SHELTER:
Although minor may consent to service, the shelter must use its best
efforts based on information provided by the minor to notify
parent/guardian of the provision of services. (Fam. Code § 6924.)
© 2024 National Center for Youth Law, revised: Dec. 2023. Available at www.teenhealthlaw.org. This chart may be reproduced if accompanied by an acknowledgement of its source.
This chart provides legal information, not advice. Providers are encouraged to speak to their own legal counsel for advice on application of these laws.
6
MINORS 12 YEARS OF
AGE OR OLDER MAY
CONSENT
LAW/DETAILS
MAY/MUST THE HEALTH CARE PROVIDER INFORM A PARENT ABOUT
THIS CARE OR DISCLOSE RELATED MEDICAL INFORMATION TO
THEM?
SUBSTANCE USE
DISORDER
TREATMENT
• “This section does not authorize
a minor to receive replacement
narcotic abuse treatment
without the consent of the
minor's parent or guardian”
except as described here.
• This section does not grant a
minor the right to refuse
medical care and counseling for
a “drug or alcohol related
problem” when the minor’s
parent or guardian consents for
that treatment. (Fam. Code §
6929(f)).
• The terms “drug or alcohol”
and “counseling” are defined in
Fam. Code § 6929(a)(2).
“A minor who is 12 years of age or
older may consent to medical care
1
and counseling relating to the
diagnosis and treatment of a drug or
alcohol related problem.” (Fam.
Code §6929(b)).
“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.” (Fam. Code §6929.1).
“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 10 of
Part 2 of Division 10.5 of the Health
and Safety Code, without the consent
of the minor's parent or guardian”
except “a minor 16 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.” (Fam. Code §6929).
There are different confidentiality rules under federal and state law. Providers meeting the
criteria listed under ‘federal’ below must follow the federal rule. Providers that don’t meet
these criteria follow state law.
FEDERAL: Federal confidentiality law applies to any individual, program, or facility that
meets the following two criteria:
1. The individual, program, or facility is federally assisted. (Federally assisted means
authorized, certified, licensed, supported or funded in whole or in part by any department
of the federal government. Examples include federal, state or local programs that are: tax
exempt; receiving tax-deductible donations; receiving any federal operating funds
whether used directly for the substance use disorder program or not; or registered with
Medicare)(42 C.F.R. §2.12); AND
2. The individual or program is:
1) An individual or entity (other than a general medical facility) who holds itself out
as providing, and provides, substance use disorder diagnosis, treatment, or referral
for treatment; or
2) An identified unit within a general medical facility that holds itself out as
providing, and provides, substance use disorder diagnosis, treatment, or referral for
treatment; or
3) Medical personnel or other staff in a general medical facility whose primary
function is the provision of substance use disorder diagnosis, treatment, or referral
for treatment and who are identified as such providers. (42 C.F.R. §2.11; 42 C.F.R.
§2.12).
For individuals or programs meeting these criteria, federal law prohibits disclosing any
information to parents without a minor’s written consent. There is an exception, however,
permitting the communication of relevant facts to the parents if the program director
determines that a minor applicant for services 1) lacks capacity because of extreme youth or
mental or physical condition to make a rational decision whether to consent to a disclosure
to the parents AND 2) there is a substantial threat to the life or physical well-being of the
minor applicant or another individual, and the disclosure of relevant facts to the parents may
reduce that threat. (42 C.F.R. §2.14).
STATE RULE:
“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.” “The treatment plan of a minor authorized by this section shall include
© 2024 National Center for Youth Law, revised: Dec. 2023. Available at www.teenhealthlaw.org. This chart may be reproduced if accompanied by an acknowledgement of its source.
This chart provides legal information, not advice. Providers are encouraged to speak to their own legal counsel for advice on application of these laws.
7
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.” (Fam. Code §6929(c),(g).) See also
exception (EXC) at endnote.
MINOR 15 YEARS OF AGE OR
OLDER
LAW/DETAILS
MAY/MUST THE HEALTH CARE PROVIDER INFORM
A PARENT ABOUT THIS CARE OR DISCLOSE
RELATED MEDICAL INFORMATION TO THEM?
GENERAL MEDICAL
CARE for Minor Living
Separate and Apart
“A minor may consent to the minor's medical
care
1
vision care
2
, or dental care
3
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.”
(Fam. Code § 6922(a).)
“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.” (Fam.
Code § 6922(c).) See also exception (EXC) at endnote.
MINOR MUST BE EMANCIPATED
(GENERALLY 14 YEARS OF AGE OR
OLDER)
LAW/DETAILS
MAY/MUST THE HEALTH CARE PROVIDER INFORM
A PARENT ABOUT THIS CARE OR DISCLOSE
RELATED MEDICAL INFORMATION TO THEM?
GENERAL MEDICAL
CARE for
EMANCIPATED YOUTH
An emancipated minor may consent to medical,
dental and psychiatric care. (Fam. Code § 7050(e).
See Fam. Code § 7002 for emancipation criteria.)
The health care provider is not permitted to inform a parent or
legal guardian without minor’s consent. The provider can only
share the minor’s medical information with them with a signed
authorization from the minor. (Health & Saf. Code §§ 123110(a),
123115(a)(1); Civ. Code §§ 56.10, 56.11).
1 “’Medical care’ means X-ray examination, anesthetic, medical or surgical diagnosis or treatment, and hospital care under the general or special supervision and upon the advice of or to be rendered
by a physician and surgeon licensed under the Medical Practice Act.” Fam. Code § 6902
2 “’Vision care’ means the diagnosis, prevention, treatment, and management of disorders, diseases, and dysfunctions of the visual system and the provision of habilitative or rehabilitative
optometric services by an optometrist licensed pursuant to Article 1 (commencing with Section 3000) of Chapter 7 of Division 2 of the Business and Professions Code. Fam. Code § 6904.
3 “’Dental care’ means X-ray examination, anesthetic, dental or surgical diagnosis or treatment, and hospital care by a dentist licensed under the Dental Practice Act.” Fam. Code § 6902.
© 2024 National Center for Youth Law, revised: Dec. 2023. Available at www.teenhealthlaw.org. This chart may be reproduced if accompanied by an acknowledgement of its source.
This chart provides legal information, not advice. Providers are encouraged to speak to their own legal counsel for advice on application of these laws.
8
@ There are many confidentiality and consent rules. Different rules apply in different contexts. This chart addresses the rules that apply when minors live with their parents or guardians. It does not
address the rules that apply when minors are under court jurisdiction or in other special living situations. Further, the confidentiality section focuses on parent and provider access. It does not
address when other people or agencies may have a right to access otherwise confidential information. Minors are persons under age 18.
^ In addition to having slightly different eligibility criteria, there are other small differences between Health and Safety Code §124260 and Family Code § 6924. For example, the two laws both
allow “professional persons” to deliver minor consent services but the two laws define “professional person” differently. Also, there is a funding restriction that applies to Health and Safety Code
§124260 but not to Family Code § 6924. (See Fam. Code § 6924, Health & Saf. Code § 124260 and Welf. & Inst. Code § 14029.8 and look for more information on www.teenhealthlaw.org.).
EXC: Providers may refuse to provide parents access to a minor’s medical records, where a parent normally has a right to them, if “the health care provider determines that access to the patient
records requested by the [parent or guardian] would have a detrimental effect on the provider's professional relationship with the minor patient or the minor's physical safety or psychological well-
being.” Health & Saf. Code § 123115(a)(2). A provider shall not be liable for any good faith decisions concerning access to a minor’s records. Id.