MINORs

MINORS:

All persons under 18 years of age.

Minors consent: Medical

• 15 yrs or older
• Living separately from parents
• Managing own financial affairs
• Parents not liable
• MD may advise parent w/o consent

Minor Consent: Mental Health

• Outpatient; not for ECT, surgery or drugs
• 12 yrs or older & mature enough
• Involve parent unless inappropriate
• Parent not liable to pay unless participate
• Not Medi-Cal unless danger or abuse

Minor Consent: Pregnancy

• Prevention or treatment
• Not for sterilization
• Not for abortion

SEXUALLY ASSAULTED: MEDICAL

• Include rape, sodomy, oral
• For diagnosis & treatment
• For collection of medical evidence
• Attempt to contact parent
• Don't contact if maybe assaulter

Drug or alcohol related

• 12 yrs or older. Contact parent if appropriate
• Parent not liable to pay unless participate
• Not replacement narcotic abuse treatment
• Parent right seek care w/o child consent
• If parent sought care, MD disclose info

Holder of Privilege

• Minor has guardian. Who?
• Guardian abused minor
• Sufficient age & maturity
• Under 16 & victim of crime
• Who consent to treatment

EMANCIPATION MINOR

• Entered into a valid marriage
• On active duty
• Receive emancipation

EMANCIPATION: PURPOSES

• Minor's right to support by parent
• Parent right to earnings & control
• Minor is dependent of court
• End parent liability of minor
• Minor's capactiy

EMANCIPATION: MINOR CAPACITY

• Consent to medical, dental, or psych
• Enter into binding contract
• Buy, sell, lease, etc interest
• Sue or be sued
• Compromise, settle, etc a claim

Emancipation: minor's capactiy

• Make or revoke a will
• Make a gift
• Convey, release contingent, etc in property
• Establish own residence
• Apply for work permit * Enroll in school

Free from custody

• Left by parent for 6 months
• Evidence of the intent to abandon
• Whereabouts of parent unknown
• Parent consent to adoption
• Neglected or cruelly treated

Petition for emancipation

• At least 14 years old
• Willing to live separate
• Managing own financial affairs
• Source of income not from crime

CHILD CUSTODY

• Legal
• Physical

LEGAL CUSTODY:

The authority to make decisions about child rearing.

Includes: religious practices, education, discipline, and well being of minor

Can be joint or sole legal custody

PHYSICAL CUSTODY

The right to have a child physically live w/ parent.

When sole custody, the noncustodial parent may or may not be granted visitation rights.

Most experts agree that it is important for both parents to play an active role in child's social, emotional, physical, & moral development.

However varying opinions regarding joint or sole physical custody.

Parents should have detailed, written parenting plan.