Minors, Consent to Psychotherapy and High Conflict Parents: Parsing Ethics, Clinical Needs and California Law

The usual assumption under constitutional law and California statutory law is that parents hold the power to consent or withhold consent for psychological treatment for their minor children, and that they further have access to minors‘ treatment records. Most California clinicians who treat teens are aware of the exceptions to this general rule. But due in part to legislative attempts to address the needs of LGBTQ adolescents that have heretofore gone largely ignored, shifts over the last five years have in some ways simplified, and in others, muddled the bases for determining when minors can consent to services and when they cannot. These changes may have also obfuscated when parental rights to record access can be blocked. And when a parent initially consents, it is unclear as to whether the minors can later assert their own desires to consent to treatment on their own, and whether teens' needs for confidentiality can take precedence over parent’s rights to access health information. This presentation will explore and clarify the implications of California law as it relates to minors, and address the ethical and clinical implications of those laws. Functional approaches to these complex cases will also be described.

Instructor: Daniel O. Taube, J.D., Ph.D.

[Note] This webinar was filmed in 2016 and may not reflect the most current information and laws regarding this topic.

Learning Objectives

• Identify the underlying legal and clinical tension between parents’ rights and obligations to make healthcare decisions for minor children, and countervailing, compelling state interests.
• Describe two underlying assumptions in regards to confidentiality of services when parent’s consent.
• Be prepared to use a relevant method of approaching complex parent consent and privacy concerns with parents and adolescents in high conflict families.

Important Notice

Because this webinar is on-demand, once you are registered and have created a login account, you can view the webinar at any time in whatever time increments are most convenient. In order to download your CE certificate, receive CE credits, and become eligible for a discount on your Trust Sponsored Professional Liability Insurance policy premium, you must:

• Complete the entire webinar,
• Pass a brief exam, and,
• Complete a brief evaluation form.

You are required to achieve a passing score of 75 percent or higher. You are allowed three attempts to successfully complete the exam. If you are unsuccessful on the third attempt, you must re-purchase the course to try again.

Eligibility for Insurance Premium Discounts

• Unless otherwise noted, you can combine 6 or more CE credit hours earned from The Trust’s webinars and become eligible for a 10% savings on your Trust Sponsored Professional Liability Insurance premium for one renewal.
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The Trust is approved by the American Psychological Association to sponsor continuing education for psychologists. The Trust maintains responsibility for this program and its content.

The Trust is recognized by the New York State Education Department’s State Board for Psychology as an approved provider of continuing education for licensed psychologists #PSY-0019.

Continuing Education Grievance Policy

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While the Trust strives to assure fair treatment for all participants and to anticipate problems before they occur, occasionally grievances may be filed. In cases where a participant files a written or oral grievance, the following actions are taken:

• If the grievance concerns the content of the workshop, webinar, book or the continuing education test, a Trust representative will mediate and will be the final arbitrator. If the participant requests action, the CE Director or a Trust representative will either provide a credit for a subsequent CE offering or provide a partial or full refund of the CE fee already paid.
• Actions involving a credit or a refund will require a written note documenting the grievance for record-keeping purposes. The aggrieved individual need not sign the note. If the grievance specifically concerns The Trust, the CE Director or Trust representative will attempt to arbitrate.

Direct correspondence to:

Continuing Education
The Trust
111 Rockville Pike, Suite 700
Rockville, MD 20850
Phone: (800) 477-1200

Email: grievances@trustinsurance.com

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