As a minor in California, you have the right to receive medical care. The law can be confusing, especially when it comes to complex topics like substance abuse . To make things simple, we’ve outlined your rights to substance abuse treatment in California below.
First, what is substance abuse ? Substance abuse is the use of illegal drugs or the use of legal drugs/alcohol for purposes other than their intended use, or in excessive amounts. Substance abuse can cause challenges including social, physical, emotional, and job-related issues.
It is not uncommon for substance use disorders to occur alongside other mental health conditions, especially if they are untreated. Help is available, and both can be treated at the same time.
It may be scary to ask for help if you’re underage, but remember that knowledge is power. Here is what the law says about substance use treatment for minors:
The Law
The law says…
A minor who is 12 years of age or older may consent to medical care and counseling relating to the diagnosis and treatment of a drug or alcohol related problem.
It also says…
A minor 16 years of age or older may consent to opioid use disorder treatment that uses medication assistance at a physician's office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not the minor also has the consent of their parent or guardian.
However, minors may not consent to all forms of treatment without their parent/guardian.
“California law does not authorize a minor to receive replacement narcotic therapy without the consent of the minor's parent or guardian.” However, “a minor 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of the minor's parent or guardian only if, and to the extent, expressly permitted by federal law.”
If you’re looking for help, consider contacting your medical professional for guidance or you can find a local therapist or service provider in your area in our “Find a Therapist” page.
Resources
- National Center for Youth Law at http://teenhealthlaw.org/wp-content/uploads/2015/12/Minor-Consent-Mental-Health-Laws-Side-by-Side.pdf.
- Teen Health Law
- SAMHSA’s National Helpline
- Suicide & Crisis Lifeline, Call 988
- United States: When California Minors Need Mental Health Treatment, Who Can Consent, And To What?