DRUG AND ALCOHOL
ABUSE TREATMENT
• This section does not authorize a
minor to receive replacement
narcotic abuse treatment without
the consent of the minor's parent or
guardian.
• This section does not grant a minor
the right to refuse medical care and
counseling for a drug or alcohol
related problem when the minor’s
parent or guardian consents for that
treatment. (Cal. Family Code §
6929(f)).
There are different confidentiality rules under federal and state law.
Providers meeting the criteria listed under ‘federal’ below must follow
the federal rule. Providers that don’t meet these criteria follow state law.
FEDERAL: Federal confidentiality law applies to any individual,
program, or facility that meets the following two criteria:
1. The individual, program, or facility is federally assisted. (Federally
assisted means authorized, certified, licensed or funded in whole or in
part by any department of the federal government. Examples include
programs that are: tax exempt; receiving tax-deductible donations;
receiving any federal operating funds; or registered with
Medicare.)(42 C.F.R. §2.12); AND
2. The individual or program:
1) Is an individual or program that holds itself out as providing
alcohol or drug abuse diagnosis, treatment, or referral; OR
2) Is a staff member at a general medical facility whose primary
function is, and who is identified as, a provider of alcohol or
drug abuse diagnosis, treatment or referral; OR
3) Is a unit at a general medical facility that holds itself out as
providing alcohol or drug abuse diagnosis, treatment or referral.
(42 C.F.R. §2.11; 42 C.F.R. §2.12).
For individuals or programs meeting these criteria, federal law prohibits
disclosing any information to parents without a minor’s written consent.
One exception, however, is that an individual or program may share with
parents if the individual or program director determines the following
three conditions are met: (1) that the minor’s situation poses a substantial
threat to the life or physical well-being of the minor or another; (2) that
this threat may be reduced by communicating relevant facts to the
minor’s parents; and (3) that the minor lacks the capacity because of
extreme youth or a mental or physical condition to make a rational
decision on whether to disclose to her parents. (42 C.F.R. §2.14).
STATE RULE: Cal. Family Code §6929(c). Parallels confidentiality
rule described under “Mental Health Treatment” at page 4 above. See
also exception at endnote (
EXC
).