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Know Your Medical Rights as a Minor

Did you know that minors in California are able to receive certain types of medical treatment without their parent’s permission? While a parent or guardian can often be helpful when receiving medical care, there can be situations when you feel it best to seek medical care on your own — whether it’s for safety, comfort, or any other reason, it’s important to know what care you can and can’t receive as a minor in California. Keep reading for information on some of the key treatments minors can access without parental consent.

Laws for Mental Health Treatment

If you’re 12 or older, you can agree to receive outpatient mental health treatment or counseling on your own if the therapist or counselor believes you’re capable of understanding what’s happening.

However, the therapist or counselor must inform or involve your parent or guardian that you are receiving mental health care, unless your provider, after consulting with you, believes that this would be inappropriate or harmful. Confidentiality (keeping your information private) is one of the core elements of mental health therapy. Your therapist or counselor does not have to tell your parents everything, and they will generally try to respect your privacy. Even though the doctor can talk to your parents or guardians, they can’t share your medical records (therapy notes) with them unless you say it’s okay. 

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Although minors can consent to outpatient mental health treatment, they can not self-consent to inpatient psychiatric care (hospitalization) or psychotropic medications (drugs related to mental health such as antidepressants or anxiety medication). 

So, you can get treatment like therapy by yourself, but the provider will likely inform your parents or guardians you’re receiving help. They may discuss it with you first and they can’t give your parents the specifics of your treatment (your records) without your approval.

Laws for Substance Use Treatment

If you’re 12 or older, you can also get medical care and counseling for problems with drugs or alcohol without your parents’ permission.

If you’re 16 or older, you can receive treatment for opioid use disorder at a doctor’s office or clinic without needing your parents to agree. For more information on opioids, check out Opioids Explained: What They Are and How They Affect You.

But, California law says you can’t get certain narcotic treatments without your parents’ permission. However, if you’re 16 or older, you might be able to get some medication for opioid use disorder without your parents’ consent, as long as it follows federal law.

Federal law generally protects your privacy when you’re getting help for alcohol or drug use, meaning your parents or guardians won’t be told without your permission. This applies to any program or facility that’s federally supported (like places that get federal money, are tax-exempt, or participate in Medicare), and that focuses on treating alcohol or drug use. 

But, there are exceptions where your parents or guardians could be informed, even without your permission. For example: If the provider thinks your situation is dangerous to your life or someone else’s, they believe that telling your parents or guardian could reduce that danger, or if they think that you’re not able to make clear decisions because of your age, mental, or physical condition. 

As mentioned above, if you’re worried about confidentiality it’s always a good idea to check in with your provider about what they can keep private and what might need to be shared.

Laws for Reproductive Health Services 

In California, minors (those under 18) can get certain reproductive health services without needing permission from their parents or guardians. Here’s what you can do on your own: 

Birth Control: You can get contraceptives (like birth control pills or condoms) from healthcare providers. Healthcare providers are not permitted to inform or share medical information with a parent or guardian without your written consent.  

Pregnancy: You can consent to medical care related to the prevention or treatment of pregnancy, without parental or guardian permission. Healthcare providers are not permitted to inform or share medical information with a parent or guardian without your written consent. 

Abortion: You can consent to an abortion without parental or guardian permission. Healthcare providers are not permitted to inform or share medical information with a parent or guardian without your written consent. 

STI Testing and Treatment: You can get tested and treated for sexually transmitted infections (STI’s), including HIV, without parental or guardian permission. Healthcare providers are not permitted to inform or share medical information with a parent or guardian without your written consent. 

Sexual Assault or Rape: If you have been sexually assaulted or raped you can consent to medical care related to the diagnosis, treatment, and collection of medical evidence without parental or guardian consent. Healthcare providers must attempt to contact your parent or guardian unless the provider has reason to believe your parent/guardian committed the crime. In addition, both rape and sexual assault must be reported to the appropriate authorities as they are considered child abuse. 

How to Stay Safe

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While in many cases, you have the right to treatment without your parent’s consent, not all doctors or providers may be aware of this, and some even may push back. It’s important to be able to advocate for yourself and know your rights before seeking treatment. That way if a doctor does say they need your parent’s permission, you can push back and assure them that’s not the case.

However, in many cases, using your insurance to pay for services you’re seeking as a minor might notify your parents as they will receive the bill for the services (even if the services are covered by insurance). 

If you are worried about insurance notifying your parents, you can visit a community organization or clinic that offers free healthcare to minors. These places are used to providing minors with direct care and won’t run your insurance which could notify your parents. As always, if you’re concerned — ask! 

Here is a list of organizations where you can find free and confidential healthcare as a minor:

  • San Mateo County Youth! Free Mental Health App: Wysa is a wellness app that can help you get your wellness back on track. San Mateo County is offering free subscriptions to Wysa, available 24×7, anytime, anywhere. Wysa is anonymous.
  • National Alliance on Mental Health (NAMI): NAMI is the nation’s largest grassroots mental health organization dedicated to building better lives for the millions of Americans affected by mental illness. All of their services are free.
  • Soluna App: Soluna App is a free, anonymous mental health resource for Californians ages 13-25. The app offers 1:1 coaching from a mental health professional, interactive tools for self-care, a forum for peer support, and information for self-discovery and growth.
  • Planned Parenthood: Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable sexual and reproductive health care for all people. Their services range from abortions to mental health support, vaccines, gender-affirming care, and more. Planned Parenthood will work with you to provide affordable care, and at some clinics, there are no-cost services. Check out the services offered at your local clinic on their website.
  • BrightLife Kids App: Personalized support for California families. Kids ages 0–12 get free, expert coaching for sleep issues, worry, social skills, and more. Live, 1:1 video sessions, secure chat, on-demand content, and more.

For more information, check out the full breakdown of your rights to healthcare as a minor in California.