Do Both parents Need to Consent to Counseling or Medical Care for a Child in California?
Full Question:
Answer:
One parent may have legal sole custody rights but share physical custody with the other parent by ways of a child visitation arrangement. Full custody is both legal and physical custody by one parent. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare.
In most situations, the parent who has physical custody also has legal custody. Often, the parents will have "joint" or shared legal custody. The parent(s) who has legal custody has the right to consent to medical care. If only one parent has legal custody, then only that parent may consent to medical care. If the parents have "joint legal custody" usually either parent can consent to the treatment unless the court has required both parents to consent to the proposed care. Such an order is rare. In most situations, providers can presume that either parent can consent unless there is evidence to the contrary (some providers like to obtain consent from both divorced parents when treatment is provided to a minor child, but again, this is not usually required by the court). However, if either parent disputes the other parent's legal right to make medical decisions the provider should ask to see documentation of the court's order and place a copy in the chart. If there is any question about legal custody or a divorced parent's right to consent to medical care for the minor, the provider should contact CBHS or the Child, Youth and Families Administration.
Please see the following CA statute:
http://www.sfdph.org/dph/files/CBHSPolProcMnl/3.05-03.htm
Please see the following CA statute:
6910. The parent, guardian, or caregiver of a minor who is a
relative of the minor and who may authorize medical care and dental
care under Section 6550, may authorize in writing an adult into whose
care a minor has been entrusted to consent to medical care or dental
care, or both, for the minor.
