Below are state statutes relating to minor consent for this state; however, there may be additional statutes NVIC is unaware of, and readers may need to do additional research and/or obtain additional legal advice. NVIC doesn't provide legal advice and provides the below for informational purposes only. NVIC provides additional resource information in our FAQ on Vaccination in School-Based Health Clinics, should readers have concerns about the vaccination of their child without parental knowledge or consent this school setting.
In addition to the ability to consent to treatment for health services as provided in sections 1823 and 1908 and Title 32, sections 2595, 3292, 3817, 6221 and 7004, a minor may consent to treatment for substance use disorder or for emotional or psychological problems.
A minor may give consent to all medical, mental, dental and other health counseling and services if the minor:
- Living separately; independent of parental support.Is living separately from parents or a legal guardian and is independent of parental support. A minor may prove that the minor meets the requirements of this subsection with documentation including, but not limited to:
- A written statement affirming that the minor is living separately from parents or a legal guardian and is independent of parental support signed by:
(1) A director or designee of a governmental or nonprofit agency that receives public or private funding to provide services to homeless persons;
(2) A local education agency liaison for homeless children and youth designated pursuant to 42 United States Code, Section 11432(g)(1)(J)(ii) or a school social worker or counselor; or
(3) An attorney representing the minor in any legal matter;
- A copy of a protection from abuse complaint or a temporary order or final order of protection against the minor's parent or legal guardian; or
- Proof of filing a petition for emancipation pursuant to Title 15, section 3506‑A;
- Married.Is or was legally married;
- Armed Forces.Is or was a member of the Armed Forces of the United States; or
- Emancipated.Has been emancipated by the court pursuant to Title 15, section 3506‑A.
A health care practitioner who obtains documentation that meets the requirements of this section prior to providing medical, mental, dental or other health counseling or services to a minor pursuant to this section is immune from any civil or criminal liability based on the health care practitioner's determination to provide services, except that a health care practitioner may be held liable for the health care practitioner's gross negligence or willful or wanton acts or omissions.
