49 Questions
At what age can a minor be considered self-sufficient for medical and dental treatment?
15 years
What is one of the criteria for a minor to be considered self-sufficient?
Living apart from the parent or guardian
Under what circumstances can a minor legally consent to treatment without parental consent?
When the minor is at risk or in need of treatment that they might not seek with parental consent
What does 'self-sufficient minor' mean in this context?
A minor who is capable of managing their own finances
What does the law stipulate regarding the minimum age for a minor to consent to treatment without parental consent?
No minimum age requirement
Can a self-sufficient minor's parent or guardian be held liable for the care provided?
Yes, but only under certain conditions
What must providers using electronic record keeping systems ensure?
The safety and integrity of the records
Who is entitled to inspect and/or obtain a copy of treatment records after presenting a written request?
Adult patients and patient representatives
When can a parent or guardian be denied access to a minor's treatment record?
If the minor was legally authorized to get treatment by himself or herself
Under what circumstances may a patient be denied access to their treatment records?
If the provider believes there would be substantial possibility of adverse or detrimental consequences to the patient
Who can the therapist permit inspection of the records by, or provide copies of the records to?
Another qualified professional designated by the patient
Within how many working days must the provider generally permit inspection of the records after a written request is received?
5 working days
How much should copies of the treatment records cost per page?
$0.25 per page
What does California law state about offering a treatment summary for the patient?
The provider may offer to prepare a treatment summary for the patient
What is considered lewd or lascivious acts according to the text?
Any intentional touching for purposes of sexual arousal of a minor's intimate parts
Under what section of the Penal Code is any sexual intercourse between an adult and a minor under the age of 18 considered statutory rape?
Section 261.5
What is the age requirement for a person to engage in sexual intercourse with a partner who is under 16 years of age according to the text?
21 or older
In what situation is a report mandated when a 15-year-old has had consensual sex with a 21-year-old?
When the 21-year-old is at least 10 years older than the child
What does case law make clear about consensual lewd and lascivious conduct between minors under age 14?
It does not require reporting if both participants are of similar age
What constitutes 'sexual assault' according to Section 288c?
Lewd and lascivious acts on a child who is 14 or 15 years old, perpetrated by a person at least 10 years older than the child
What are the civil penalties for statutory rape according to the text?
$25,000 fine
What does Section 261.5 of the Penal Code state about unlawful sexual intercourse with a minor?
It is considered either a misdemeanor or a felony
When in doubt about whether to report sexual conduct involving minors, what should a mandated reporter do according to the text?
Consult with the child protective agency
What does the Tarasoff ruling state about a therapist's duty to protect?
The duty to protect applies when a patient directly communicates a serious threat of violence against an identifiable victim
According to the Tarasoff statute, what is the therapist's duty in the event of a patient communicating a serious threat of physical violence against an identifiable victim?
To communicate the threat to the victim or victims and to a law enforcement agency
Under what conditions can Section 5585 of the Welfare and Institutions Code be implemented?
When the person is a minor and poses a danger only to themselves
What does grave disability refer to under Section 5150 of the Welfare and Institutions Code?
Being unable to provide for one's food, clothing, or shelter without assistance
When can a person be certified for up to 14 days of intensive treatment under Section 5250 of the Welfare and Institutions Code?
If they refuse additional voluntary treatment after being advised of the need for it
Which holds are available for patients who remain a danger to self, danger to others, or gravely disabled after initial involuntary confinement under Section 5150 or 5585, and Section 5250?
5260, 5270.15, 5300, 5325
What did the Court of Appeal, Second District state about communications from family members in the Ewing v. Goldstein case?
Communications from family members are not considered patient communications within the meaning of Civil Code section 43.92
In what situation does the Tarasoff statute state that there is a duty to warn, protect, and predict?
When a patient communicates a serious threat of physical violence against an identifiable victim or victims
What is the duty of a therapist under the Tarasoff statute when a patient directly communicates a serious threat of violence against an identifiable victim?
“To exercise reasonable care to protect [italics added] the foreseeable victim of that danger”
According to Section 5250 of the Welfare and Institutions Code, when can a person be certified for up to 14 days of intensive treatment?
If they have refused additional voluntary treatment after being advised of the need for it
Under what circumstances can Section 5585 of the Welfare and Institutions Code be implemented?
When the person is a minor and their parent or guardian is not available to authorize voluntary treatment
What does Welfare and Institutions Code Section 5260 allow for at the expiration of the 14-day hold (5250)?
Confining a patient for an additional 14 days if they continue to present an imminent threat of suicide
According to Welfare and Institutions Code Section 5270.15, what happens at the end of the 30-day hold (5250)?
The patient may not be involuntarily confined any longer unless a petition for conservatorship has been filed during the hold
What does Welfare and Institutions Code Section 5300 allow for at the expiration of the 14-day hold (5250)?
Confining a patient for up to 180 additional days if they continue to present an imminent threat of danger to others
What is considered a mandated report under the California Penal Code (Sections 11164 – 11166) regarding child abuse?
When a therapist learns about child abuse in his or her professional capacity
What is not considered a mandated report under the California Penal Code regarding child abuse?
When an adult in treatment reports a history of abuse as a child
What types of child abuse are included in the definition according to the text?
Sexual abuse and willful cruelty towards children
When does a child abuse report become mandated according to the text?
When a minor in treatment reports prior abuse, even if the abuse involved a single incident that took place many years ago
At what age can a minor consent to medical care related to the prevention or treatment of pregnancy without parental consent?
12 years old
Under what circumstances can a minor 12 years of age or older legally consent to medical care related to diagnosis or treatment of a communicable or sexually transmitted disease without parental consent?
If the provider believes it is inappropriate to involve the parent/guardian
What does California law require regarding the maintenance of treatment records for minors?
Records must be maintained for seven years from the date the patient reaches 18 years of age
What medical care can a minor 12 years of age or older consent to without parental consent?
Diagnosis and treatment of a drug or alcohol-related problem
Under what circumstances can a minor of any age consent to medical care related to a sexual assault without parental consent?
If they are 12 years of age or older and alleging to have been raped
What is required on each patient visit according to APA's Record Keeping Guidelines?
Brief notation of the patient’s mental status
What is considered intimate partner violence according to the given text?
"Bodily harm perpetrated by a person with whom the minor has or has had a sexual, dating, or spousal relationship"
When can a health care provider not inform a minor’s parent/guardian about their involvement in intimate partner violence?
"When professional person believes the minor’s parent/guardian committed the intimate partner violence"
Study Notes
Minors and Medical Treatment
- A minor is considered self-sufficient for medical and dental treatment if they meet certain criteria, including being 15 years old or older, living apart from parents, and supporting themselves financially.
- A self-sufficient minor can legally consent to treatment without parental consent.
Treatment Records
- Providers using electronic record keeping systems must ensure confidentiality and security of records.
- The parent or guardian is entitled to inspect and/or obtain a copy of treatment records after presenting a written request.
- A parent or guardian can be denied access to a minor's treatment record if the minor is self-sufficient or if the record contains information about the parent or guardian.
Confidenciality and Disclosure
- A therapist can permit inspection of records or provide copies to the patient, the parent or guardian, or a qualified third party with the patient's written consent.
- Providers must permit inspection of records within 5 working days of receiving a written request.
- Copies of treatment records cannot cost more than 25 cents per page.
California Law and Sexual Conduct
- In California, a minor under 18 cannot consent to sexual intercourse with an adult.
- Lewd or lascivious acts include sexual intercourse, sodomy, or oral copulation with a minor.
- Consensual sexual conduct between minors under 14 is considered lewd and lascivious conduct.
- Section 261.5 of the Penal Code states that unlawful sexual intercourse with a minor is a felony.
Reporting and Mandated Reporting
- Mandated reporters must report suspected child abuse or neglect.
- A mandated reporter who fails to report suspected child abuse or neglect can be liable for damages.
- When in doubt about reporting, a mandated reporter should err on the side of reporting.
Tarasoff Ruling and Duty to Protect
- The Tarasoff ruling states that a therapist has a duty to protect an identifiable victim from a patient's threats.
- A therapist must take reasonable steps to protect the victim, including warning the victim or contacting authorities.
Welfare and Institutions Code
- Section 5150 of the Welfare and Institutions Code allows for a person to be detained for up to 72 hours for evaluation and treatment if they are a danger to themselves or others or gravely disabled.
- Section 5250 allows for a person to be certified for up to 14 days of intensive treatment.
- Section 5585 allows for extended detention for intensive treatment.
Involuntary Confinement
- A person can be certified for up to 14 days of intensive treatment if they are a danger to themselves or others or gravely disabled.
- A person can be held for up to 30 days if they remain a danger to themselves or others or gravely disabled.
- A person can be held for up to 180 days if they remain a danger to themselves or others or gravely disabled.
Child Abuse Reporting
- A mandated reporter must report suspected child abuse or neglect.
- Child abuse includes physical, emotional, or sexual abuse, or neglect.
- A report is mandated if a minor is the victim of abuse or neglect.
Test your knowledge about the landmark Tarasoff ruling which established the duty of therapists to protect potential victims from their patients. Explore the legal and ethical implications of the ruling and its impact on mental health practices.
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