�California �Minor Consent and Confidentiality Laws

Rachel Miller, M.Ed.

Program Manager

(619) 725-7121 / rmiller@sandi.net

Minor Rights in California

Minors may be considered competent to act on their own and consent to their own healthcare without parent consent or notification in any of the following circumstances:

• The minor is emancipated.
• There is a medical emergency.
• Specific confidential services (as described below).

CA Minor Consent Laws: Pregnancy and Reproductive Health

Minors of ANY AGE may consent to their own medical care without parent notification related to:

• Pregnancy:
• Pregnancy testing
• Prenatal care
• Birth services
• Abortion services
• Birth Control:
• Includes condoms
• Excludes sterilization
• Sexual Assault and Rape

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(See CA Family Code 6925 and American Academy of Pediatrics v. Lungren (1997).)

CA Minor Consent Laws: Sexually Transmitted Infections & HIV

Minors 12 YEARS and older may consent to their own care without parent notification related to:

• Diagnosis, Treatment, or Prevention of a communicable disease if it is reportable or sexually transmitted:
• Sexually Transmitted Infections (STIs)
• Human Immunodeficiency Virus (HIV)
• Vaccines: HPV, Hepatitis B, MonkeyPox
• Outpatient Treatment:
• Drug and Alcohol abuse treatment and prevention
• Mental health and shelter services

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(See CA Family Code 6924, 6926, 6927, 6928, 6929.)

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SUMMARY:

Confidential Medical Care for Minors

• Students may access confidential medical services without parent consent or notification at…
• ANY AGE:
• Pregnancy and Reproductive Health
• Prenatal Care and Birth Services
• Abortion Services
• Birth Control and Condoms
• Sexual Assault and Rape

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• 12 Years and Older:
• STIs, HIV, and vaccines for HBV, HPV, Mpox
• Outpatient services for ATOD and Mental Health

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• Districts are required to notify parents and students in grades 7-12 of this law:
• Parents notified in the Family Resource Guide.
• Students notified during required Sex Ed lessons in 6^th grade, 8^th grade, and in high school Biology class.

(See CA Ed Code §46010.1.)

Pregnancy Confidentiality

• Staff Knowledge of a Pregnant Minor is CONFIDENTIAL.
• Pregnancy reported to a school nurse or school counselor is confidential.
• Other school staff who learn of a student’s pregnancy may report the information to the school nurse or school counselor, but consult student first.
• A student’s pregnancy MAY NOT be disclosed to anyone else, including a site administrator or parent/guardian, or be made part of the student’s permanent record, without the student’s written consent, unless there is an emergency medical condition.
• School staff who learn of a pregnancy may offer to provide support and guidance to the student as appropriate, but there is no obligation.
• If referring student for a medical service, consult the Student Support website.
• Emergency Medical Conditions
• Pregnancy alone is NOT an emergency medical condition.
• If the pregnant minor has complications or goes into labor while on school campus, and if they can safely be transported to a hospital by medical personnel, then the student is still protected by California’s minor consent and confidentiality laws.

(See SDUSD Board Policy 5146.)

Releasing Students from School for Confidential Appointments

• Students may be excused from school for confidential services without parent consent or notification.
• Release from school shall be handled confidentially by the school nurse, school counselor, and/or attendance office staff.
• Schools should take reasonable steps to ensure that the parent is not informed of the absence.
• School nurse, school counselor, or attendance office staff may request student to verify their appointment verbally or in writing before and/or after the appointment.
• “Absence Excuse for Parent’s Signature” form (blue slip) shall be completed by staff member releasing the student. Original copy goes to student, duplicates to staff member.
• Staff member shall immediately list the student as “Detained in Office” in PowerSchool for the periods they will be off campus.
• Student will check in after the appointment (or the next day) with the same staff member that released them, who will remove the “Detained in Office” designation in PowerSchool.

(See CA Ed Code 46010.1, SDUSD Policy H-3500, AP 6156.)

Additional Guidelines for Releasing Students

• District staff may encourage students seeking confidential medical services to consult with a parent/guardian or other trusted adult.
• If a parent/guardian learns of their child’s absence, and questions a staff member, the reason for their absence should NOT be disclosed.
• Staff member can inform the parent that “their child requested to be released from school for a confidential appointment and by law we are required to release them.”
• If possible, let student know that you talked with their parent and offer facilitation for the upcoming conversation.
• Staff MAY NOT drive students to their appointments, but they may provide transportation guidance such as getting a free bus pass, finding a bus route, or walking alongside student to a clinic.
• Students are responsible for making arrangements with their teachers to make up any assignments that they miss due to their absence.

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Student Resources

California Minor Consent Laws and Student Support website digital or physical cards are distributed to:

• Students during Sex Ed lessons in 6^th grade, 8^th grade, and high school Biology
• School Health Offices, Counseling Offices, and Wellness Centers by request

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SDUSD’s Availability of Condoms Policy

Condoms are distributed FREE and CONFIDENTIALLY:

• By trained School Nurses and Wellness Coordinators (and some School Counselors and Administrators)
• To secondary students only (grades 6-12)
• Includes information on correct condom use and where to access local services

Parents’ rights:

• Are notified of the policy in the Family Resource Guide
• Can opt their child out of the program by writing a letter to their child’s school’s Health Office

Information about this program and online condom availability programs is included in all sexual health education units.

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(See BP 5141.25(a))

Staff Resources

Please access these slides and other resources on the SHEP Staff Portal website for future reference:

• www.sandiegounified.org/SHEP
• 🡪 Staff Resources
• 🡪 Teacher and Staff Resources
• 🡪 Confidential Medical Care and Referrals
• CA Minor Consent Laws PowerPoint Presentation
• SDUSD’s Guidelines for Releasing Students for Confidential Medical Care
• SDUSD’s CA Minor Consent Laws FAQs
• CA Minor Consent and Confidentiality Laws Chart
• Condom Program Guidelines for Implementation
• Other helpful resources:
• Resources for Answering Student Questions
• Parent Resources for Talking with Their Child
• Student Support Website

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