A. Consent from parent/guardian/caregiver:  Upon a youth’s admission into the Juvenile Hall, facility medical or probation staff, shall obtain, whenever possible, authority to consent to medical and dental care for the youth from the youth’s parent(s), legal guardian(s), or relative caregiver.  (Family Code section 6910.)

B. Court consent:  If no parent, guardian, or relative caregiver is available, the Probation Department shall obtain consent and authorization for health care services from the Juvenile Court.  (Family Code section 6911 and Welfare and Institutions Code Section 739

C. Consent by emancipated youth:  An emancipated youth (as defined by Family Code section 7002 to include a youth who has entered into a valid marriage, is on active duty with the armed forces, or has received a declaration of emancipation from the court) may consent to medical, dental, and psychiatric care.  (Family Code section 7050)

D. A youth may consent to medical services in an emergency when the parent or guardian is unavailable to give consent. (Business and Profession Code 2397)

E. Youth may refuse verbally or in writing non-emergency medical and Behavioral Health care.

1. A youth does not have the right to refuse medical care and counseling for a drug or alcohol related problem when the youth’s parent or legal guardian gives consent for that treatment.  (Family Code Section 6929(f))

F. Specific informed consent shall be obtained from the youth’s parent(s), legal guardian(s), or the Juvenile Court whenever treatment is beyond a routine or ordinary level of care including but not limited to: 

1. Invasive procedures;

2. Surgery; or

3. Use of psychotropic medications

G. Youth of any age may consent to care without parental consent or notification in the following circumstances:

1. Medical care related to the prevention or treatment of pregnancy. This includes contraception and abortions, but does not include sterilizations.  (Family Code section 6295; American Academy of Pediatrics v. Lungren (1997), 16 Cal. 4th 307.) 

2. Medical care related to the diagnosis or treatment and collection of   medical evidence related to an alleged rape or an alleged sexual assault.  (Family Code sections 6927 and 6928.)

H. Youth 12 years of age or older may consent to care in the following circumstances:

1. Outpatient Behavioral Health services:  Behavioral Health treatment or counseling on an outpatient basis, except a youth may not receive convulsive therapy, psychosurgery, or psychotropic drugs without the consent of a parent or guardian or authorization from the Juvenile Court.  (Family Code section 6924.)

2. Medical care related to the diagnosis or treatment of an infectious, contagious, or communicable disease if it is one that is required by law to be reported or is a related sexually transmitted disease.  (Family Code section 6926.

3. Medical care and counseling relating to the diagnosis and treatment of a drug or alcohol related problem, except a youth may not receive replacement narcotic abuse treatment without the consent of the youth’s parent or guardian.  A youth does not have the right to refuse medical care and counseling for a drug or alcohol related problem with the youth’s parent or guardian consents to that treatment.  (Family Code section 6929.)