Minors, Guardianship, and Consent
Who may consent to a minor's behavioral health care and who may see the records: parents and guardians, minors who can consent for themselves under state law, HIPAA personal representatives, custody orders and parenting plans, substance use records for minors, schools, court orders, documentation and when to escalate.
Online, self-paced · about 35 minutes · graded exam and certificate
Who should take it
Clinicians, intake and front-desk staff, records staff and supervisors who serve children, adolescents or adults with guardians.
National course on the federal framework. Minor consent ages, parental access rules, custody rules and court procedures vary by state and aren't covered in detail. Your organization's policy and counsel apply your state's law.
What employees will learn
- ✓Identify who may consent to a minor's treatment, including when minors may consent for themselves.
- ✓Apply HIPAA's personal representative rules for minors and its exceptions.
- ✓Verify authority in custody, guardianship and foster care situations.
- ✓Explain special rules for minors' substance use disorder records.
- ✓Respond correctly to requests from schools, courts and attorneys.
- ✓Document consent and authority, and escalate unclear situations.
Topics covered
- •Parent and guardian involvement
- •Personal representatives
- •Custody considerations
- •Consent for treatment
- •Minor confidentiality
- •Information sharing
- •Court orders
- •Documentation
- •Organizational escalation procedures
Sources this course is based on
- HIPAA personal representatives, including unemancipated minors and endangerment (45 CFR 164.502(g)) · eCFR
- 42 CFR Part 2: minor patients (42 CFR 2.14) · eCFR
- Personal representatives (HHS OCR guidance) · HHS OCR
- Joint guidance on the application of FERPA and HIPAA to student health records (HHS and Department of Education) · HHS
This course is not accredited for continuing education credit and is not approved by a government agency. Training supports, but does not guarantee, your organization's compliance. Course content explains federal rules and accepted practice; state requirements may differ.