Term
| What are the 3 ways to est. emancipation? |
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Definition
1- Marry with parental and court permission
2- Become active duty military
3- Obtain court order |
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Term
| To be emancipated minor must: |
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Definition
- Be 14+
- Have consent of a parent or legal guardian
- Show court can support self with legally-derived income |
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Term
| What are the five areas of concern when working with a minor in therapy? |
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Definition
Confidentiality
Priviledge
Consent (to treatment)
Release (of records)
Child abuse |
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Term
| When may a therapist decline to disclose? |
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Definition
- If therapist believes that disclosure would have a detrimental effect on:
~ Minors phys. or psych. wellbeing
~ Therapist's rels. w/ minor |
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Term
| Who holds a minor's privlilege? |
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Definition
| The child- no matter how young |
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Term
| Can a child assert or waive their privilege? |
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Definition
| No, others make the decisions for them |
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Term
| Can a therapist assert a child's privilege? |
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Definition
| Yes, Therapist must assert privilege when child's records are subpoenaed |
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Term
| Who can authorize treatment of a minor? |
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Definition
- Parent or legal guardian
- Stepparent ONLY if adopted minor
- Emancipated minor
- A minor over 12 yrs. in special circumstances |
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Term
| How does consent for minors work if parents are still married (or were never married?) |
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Definition
| -Not necessary to get consent from both, but still best practice to get written consent from both. |
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Term
| How does consent for treatment of minor work when parents are divorced? |
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Definition
-The parent with LEGAL custody can consent
-If joint legal custody: Either parent can consent, but better to get both |
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Term
| Does a stepparent have authority to consent to minors treatment? |
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Definition
| Not generally, ONLY if step parent adopted the child |
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Term
| In all cases minor must be capable of giving informed consent, meaning: |
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Definition
Capable of understanding:
- nature of the service
- risks and benefits
- different options for care
- likely outcomes |
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Term
| According to the Health and Safety Code, under what circumstances may a minor consent to own treatment? |
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Definition
- Child must be 12+ yrs
- Sufficiently mature (in therapist's opinion) |
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Term
| According to Family Code (outdated) what are the "good reasons" to treat a minor w/o parental consent |
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Definition
1- Either the minor has been alleged victim of incest or child abuse
2- Minor would present phys. or mental harm to self or others w/o treatment |
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Term
| What's important to put in notes when treating a minor w/o parental consent? |
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Definition
-Must state in records either that unsuccesfully attempted to reach parents (W/ dates and contacting info)
-or the results of contacting the parents
- or the reasons that attempted contact would be inappropriate
- Also include how minor's maturity was assessed |
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Term
| If 12+ and mature, what types of medical care can minors consent to? |
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Definition
- Drug and alcohol related treatment
- Pregnancy related- prevent., birth, abortion
- STD, infectious disease, HIV dx & tx
- Med. care for rape or assualt (parents must be informed unless suspects- also CPS) |
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Term
| How to get consent for minor whose parents have never been married: |
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Definition
| Either parent can consent, but try to get written consent from both |
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Term
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Definition
| A court appointed guardian to represent the interests of minor in litigation |
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Term
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Definition
- Emancipation card
- Court orders
- Custody orders |
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