Primary Care of Adolescents: Legal Issues

Age of consent for sexual activity is __

Age of consent for sexual activity is 16.

Abortion?

Any minor (age 13-15, younger is reportable and under 16 is definition for a minor in the case of an abortion) in Connecticut may obtain an abortion without parental consent or notification

birth control?

Any person in the State of Connecticut regardless of the person's age, can receive confidential birth control.

Minors under 18 (can/cannot) make routine healthcare decisions or themselves

CANNOT

What is emancipation of minors?

The legal process available by which a 16 or 17-year-old minor achieves adult status and is legally independent of their parents

What are the statutory grounds for emancipation?

(1) marriage (even if the child has since divorced); (2) active U.S. military service; (3) the child is willingly living apart from his parents or guardians OR (4) a good cause showing that emancipation is in the best interests of the minor · Confers all rights and responsibilities of adulthood · Emancipation is rare!

What are situations where parents must be notified?

- Any medical issue that does NOT fall under the protected four areas - Below age 13 all sexual activity - Age 13-15 sexual relationship with someone over 21 - Age 18 and under non-consensual sex - Age 18 and under sex with family member

Age limits for Plan B

- FDA regulations = age 17 and older can buy without prescription. - If Rx in hand, insurance can cover it and there is no age limit.

When can minors under 13 receive birth control?

- It is not for sex ("known or suspected sexual activity" would entail mandated reporting) - It is the treatment of choice for a pathology (cramps, AUB, etc)

Who can consent for adolescents?

- Natural or adopted parent - Someone appointed by the courts such as DCF - Step-parents and foster parents do not have independent authority - Non-custodial parents still have rights, unless court has restricted these rights

DCF Reporting Guidelines: 1. child under 13 2. child b/t 13-15 engaged in consensual sexual relationship w/ partner 21 & over 3. Child under 18 in non consensual/coerced sexual activity 4. Child b/t 13 15 engaged in consensual sexual relationship w/partner under 21 5. Child under 18 engaged in sexual relations with family member

1. may report to DCF/police 2. must report to DCF/police 3. must report to DCF/police 4. not mandated to report per se 5. must report to DCF

Parents (do/do not) have the right to view confidential healthcare treatment records in the healthcare or school health setting absent their child's consent.

Parents DO NOT have the right to view confidential healthcare treatment records in the healthcare or school health setting absent their child's consent.

How does being involved with DCF affect an adolescent's rights?

Children in DCF care (committed to DCF) are treated no differently than those with no DCF involvement.

DCF must be notified of a positive STI test if the minor is __ years of age or younger

DCF must be notified of a positive STI test if the minor is 12 years of age or younger. § Care and treatment of this minor must remain confidential while DCF does its thing.

The mature minor doctrine (does/does not) exist in CT

DOES NOT

Minor ____ years or older is considered an adult for the purposes of mental health.

Minor 16 years or older is considered an adult for the purposes of mental health.

STIs?

Minors can get tested for STIs without parent's knowledge. The consultation, exam, and treatment of an STI for a minor is confidential and must not be told to the parent. Health Department will do a lot of testing for free (or $15). School-based health centers also do it

Must mandatory reporters report "sexual activity" of a minor to DCF or law enforcement on every occasion?

No (remember, partner under 21 not mandated)

When a minor talks to a therapist, is that information private?

YES, communications with a therapist, psychologist, or psychiatrist are confidential.

When a minor talks to their provider is that information private?

YES, these communications are privileged or confidential (except in a few situations).

Mental health tx: in-patient?

Yes, a patient of 14 or 15 years of age can sign themselves into treatment, but within 24 hours the hospital needs to tell the parents (don't want a missing person's case!) o If parent wants them out, they must submit that in writing, then the hospital will either release the child, or a commitment process will commence o Minor of 14 or 15 years can sign themselves out of a psych hospital unless they were admitted. o 16-year-olds can be admitted as a "voluntary patient" without parental consent

A 14 year old student believes he has contracted an STI - does he need parental consent for testing/treatment?

no

Does a minor become emancipated when she gives birth to a child?

no

If a 15 year old girl wishes to terminate a pregnancy through an abortion, must she obtain parental consent - or must her parents be notified of the procedure?

no

Is there a different standard for honoring confidentiality and for consent for a minor committed to DCF vs. a minor not involved with DCF?

no, they treated the same

Pregnancy?

o A minor does not need permission from a parent to receive a pregnancy test and the parents do not need to be notified of the test o A minor may decide whether or not to carry the pregnancy to term. o A minor may consent to gynecological examinations without parental consent.

What must be reported?

o Abuse or neglect o Non-accidental injury at variance with the history given o Placed at imminent risk of serious harm

May a 13 year old obtain contraception in Connecticut without parental consent?

yes

Minors may make critical healthcare decisions and consent to treatment in which FOUR protected areas?

§ Reproductive Health § Mental Health Treatment § Substance Abuse Treatment & § HIV/AIDS

Drug and alcohol treatment?

· A minor does not need parental consent to receive drug treatment or rehab. · A parent CANNOT be told that his/her child is receiving treatment without consent from the minor.

Mental health tx: therapy?

· Yes, minor can receive up to 6 sessions without telling their parent