Nursing /CPLEE CA Laws That Guide the Specifics of Clinical Practice: Treatment of Minors Part 1
CPLEE CA Laws That Guide the Specifics of Clinical Practice: Treatment of Minors Part 1
This deck covers the California laws guiding the treatment of minors, focusing on consent, confidentiality, and conditions under which minors can independently consent to treatment.
Minors are generally __________ to consent to treatment.
Not able.
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Key Terms
Term
Definition
Minors are generally __________ to consent to treatment.
Not able.
Typically, the parent or legal guardian must consent to the minor’s treatment, and the minor generally must give ___________.
Assent.
In a situation in which the parents are divorced, only a parent with ________________ may consent to treatment.
Legal custody.
The same general rules regarding _____________ and _____________ in the treatment of adults apply to treatment of minors; however, treatment info. is commonly discussed with the minor’s parent or guardian.
• Confidentiality • Privilege
In circumstances in which a parent or guardian has sought the medical care or counseling for a __________________________ of a minor child, the provider must generally disclose information about treatment upon parental request, even if the minor child does not consent to disclosure.
Drug or alcohol related problem.
A minor may give consent to treatment if: (4 situations)
• The minor is emancipated • The minor is self-sufficient • The minor is in a situation in which he/she is at risk • Requiring parental consent might ...
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| Term | Definition |
|---|---|
Minors are generally __________ to consent to treatment. | Not able. |
Typically, the parent or legal guardian must consent to the minor’s treatment, and the minor generally must give ___________. | Assent. |
In a situation in which the parents are divorced, only a parent with ________________ may consent to treatment. | Legal custody. |
The same general rules regarding _____________ and _____________ in the treatment of adults apply to treatment of minors; however, treatment info. is commonly discussed with the minor’s parent or guardian. | • Confidentiality • Privilege |
In circumstances in which a parent or guardian has sought the medical care or counseling for a __________________________ of a minor child, the provider must generally disclose information about treatment upon parental request, even if the minor child does not consent to disclosure. | Drug or alcohol related problem. |
A minor may give consent to treatment if: (4 situations) | • The minor is emancipated • The minor is self-sufficient • The minor is in a situation in which he/she is at risk • Requiring parental consent might discourage the minor from receiving necessary treatment |
A minor may become emancipated in one of ___ ways. Emancipated minors are treated as adults in terms of ______________, privilege, and ____________ to treatment. | • 3 • Confidentiality • Consent |
A minor who legally __________________ is considered emancipated. | Marries. |
A minor who ___________ in the _____________ is considered emancipated. | Enlists in the military. |
In order for the court to declare a minor emancipated: • The minor must be ___ or over • Living ____________ from his/her parents with consent • Managing his/her own _________________ (not derived from criminal activity) A court may emancipate a minor who meets these conditions if it finds that emancipation is not contrary to the minor’s _________________ | • 14 • Separately • Finances/income • Best interests |
______________________ minors may legally consent to medical and dental treatment. To be considered this, 3 criteria must be met. | Self-sufficient. |
Self-sufficient minors: • Must be ___ years of age or older • Must be living apart from the minor’s parent or guardian, ________________ consent • Must be managing his/her own finances, ______________________ the source of income In this situation the parent or guardian __________ liable for the care provided. The physician may contact the minor’s parent/guardian _____________ the minor’s consent. | • 15 • With or without • Regardless • Is not • With or without |
The __________________ (Sections 6920-6929) and the ___________________ (Section 124260) describe circumstances under which minors may legally consent to treatment without consent of parent or guardian. | • CA Family Code • Health and Safety Code |
To legally consent to treatment without the consent of a parent/guardian, minors must: • Be at least ___ years old (or no minimum age, depending on the type of services) • Is at ________ • Is in need of _______________ he/she ________________ if parental consent were required | • 12 • Risk • Treatment • Might not seek |
CA Family Code (6924) stipulates that a minor ___ years of age or older may receive outpatient mental health treatment or residential shelter services if two conditions are met: • The minor must be mature enough to __________ intelligently • The minor must either present a danger of serious mental or physical harm to himself or others, or have been the alleged victim of ____________ or incest | • 6924 • 12 • Participate • Child abuse |