Consent for the Treatment of Minors: Caregiver Authorization

The Therapist
May/June 2001
Bonnie Benitez, JD (Former CAMFT Attorney)
Reviewed November of 2022 by Luke M. Martin, MBA, JD )(CAMFT Staff Attorney)

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Many therapists who treat minors find themselves being asked to provide services to a minor who is residing with someone who is not the minor's biological parent or legal guardian. Generally, it is the parent or legal guardian who must consent to the treatment of a minor child. This creates a unique situation for the therapist seeking appropriate consent for the mental health treatment of the child.

Fortunately, in 1994, the California Legislature created Family Code Section 6550 which specifically addresses this situation, not only for mental health care providers, but also for schools. This section addresses the circumstances in which a familial caregiver can give consent for the treatment of a minor child in their care. It also sets forth the specific language that must be included in such a consent. This article will specifically address consent for non-school mental health treatment.

A caregiver who is a qualified relative and who completes and signs the Caregiver's Authorization Affidavit (as specified in Family Code section 6552) shall have the same rights to authorize medical care (including mental health treatment) for the minor that are given to guardians, subject to certain limitations.¹ The caregiver's consent for, or refusal of treatment, shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, so long as the decision does not jeopardize the life, health, or safety of the minor.²

Perhaps the most important component of Family Code section 6550 (c) reads as follows:
"A person who acts in good faith reliance on a caregiver's authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed."

This immunity from liability element of the statute permits therapists to rely on what the caregiver states in the affidavit without exposure to potential civil liability, or disciplinary action by a licensing board, for treating a minor in the absence of parental consent. The statute also provides that health care providers who rely on the affidavit have no obligation to make any further inquiry or investigation.³ This section of law requires the caregiver to notify the provider of health care if the minor is no longer living with that caregiver.⁴

The caregiver authorization affidavit must be constructed so that it is substantially in the form provided in Family Code Section 6552. For convenience sake, however, a therapist may simply use the form that is provided in this section of law.

CAREGIVER’S AUTHORIZATION AFFIDAVIT

Instructions: Completion of items 1-4 and the signing of the affidavit are sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 5-8 is additionally required to authorize any other medical care. Print clearly.

[  ] I am requesting enrollment of the minor in school and to authorize school-related medical care (completion of items 1-4 is required only).

[  ] I am requesting to authorize medical care not school–related (completion of item 1-8 required). The minor named below lives in my home and I am 18 years of age or older.

1. Name of minor:
2. Minor's birth date:
3. My name (adult giving authorization):
4. My home address:
5. [ ] I am a grandparent, aunt, uncle, or other qualified relative of the minor (see below for a definition of "qualified relative").
6. Check one or both (for example, if one parent was advised and the other cannot be located):
   [  ] I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.
   [  ] I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.
7. My date of birth: ________________________
8. My California's driver's license or identification card number: __________________

WARNING: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: ___________________     Signed: ____________________________

Notices:

1. This declaration does not affect the rights of the minor's parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.
2. A person who relies on this affidavit has no obligation to make any further inquiry or investigation.

Additional Information:

TO CAREGIVERS:

1. "Qualified relative," for purposes of item 5, means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or "great," or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.
2. The law may require you, if you are not a relative or a currently licensed foster parent, to obtain a foster home license in order to care for a minor. If you have any questions, please contact your local department of social services.
3. If the minor stops living with you, you are required to notify any school, health care provider, or health care service plan to which you have given this affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor no longer lives with you.
4. If you do not have the information requested in item 8 (California driver's license or I.D.), provide another form of identification such as your social security number or Medi-Cal number.

TO SCHOOL OFFICIALS:

1. Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.
2. The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.

TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:

1. A person who acts in good faith reliance upon a caregiver's authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed.
2. his affidavit does not confer dependency for health care coverage purposes.

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This article appeared in the May/June 2001 issue of The California Therapist, the publication of the California Association of Marriage and Family Therapists, headquartered in San Diego, California. This article is intended to provide guidelines for addressing difficult legal dilemmas. It is not intended to address every situation that could potentially arise, nor is it intended to be a substitute for independent legal advice or consultation. When using such information as a guide, be aware that laws, regulations and technical standards change over time, and thus one should verify and update any references or information contained herein.

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¹ Family Code § 6550(a); Family Code § 6552; see also Probate Code § 2356
² Family Code § 6550(b).
³ Family Code § 6550(d).
⁴ Family Code § 6550(f)