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1) Are
you a minor on your 18th birthday?
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No.
Since I am no longer under the age of 18, I am no longer considered
a minor.
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2)
Whats
an emancipated minor? |
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Typically,
a minor in NY State is considered emancipated if he or she is:
*married
*in the armed services
*is economically independent (i.e. paying own rent)
*has parents who have failed to fulfill parental support obligations
and he or she seeks emancipation.
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3)
Can you get declared emancipated? |
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Not
easily. There is no court procedure in NY State to become an emancipated
minor on my own. But if I fit any of the conditions mentioned in #2,
then I can be considered emancipated for certain purposes, such as being
able to consent to all of my own health care.
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4)
If you get a pregnancy test from your doctor, can your parents call the
doctor to find out the results without your permission? |
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No, not
without my permission. The results of that test are confidential and
therefore can only be disclosed to me, since I am the person who consented
to the test.
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5)
You go to the doctor to get treated for genital herpes. Does the doctor
need to get your parents permission before she can treat you?
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No.
If I can give informed consent (meaning that I understand the risks
and benefits of the treatment and its alternatives), I can get treatment
for sexually transmitted infections on my own. Therefore, the doctor
doesnt need to get consent from my parent(s).
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6)
You just received confidential medical treatment without getting parental
consent, because you didnt need it. But, you want to pay for the treatment
through your parents insurance company. Will information about the
treatment be disclosed to your parents? |
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Possibly.
My doctor cant disclose the information to my parents. But there
is a chance that a limited amount of information may be disclosed to
my parents through the insurance company. However, I can ask my doctor
or the insurance company beforehand about the risks of my parents finding
out about my treatment, and possibly seek treatment at a health facility
that provides services for free, on a sliding scale (meaning I pay as
much as I can), or will let me pay in cash.
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7)
You are HIV positive and need to get treatment, but you don't want your
parents to know because you're worried theyll throw you out of the
house if they find out. Can you be treated by a physician without parental
consent? |
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Yes, probably.
If my physician determines that I can give informed consent and comply
with the treatment regimen and that getting parental consent might cause
harm, he or she can treat me without parental consent. If I think I
may not be able to follow the treatment regimen without help, I can
look to another adult, like my older sibling or trusted aunt, to help
me get treatment without involving my parents.
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8)
Do you need your parents permission to get a prescription
for birth control pills? |
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No.
Birth control pills, like all other forms of contraception, must be
made available to minors without parental consent.
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9)
You are severely depressed and want to get mental health care. You may even
need medication. You really don't want to tell your parents about it. Anyway,
even if you did ask, you're sure they wouldn't let you; they don't believe
in it. Can you get counseling? |
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I
probably can get mental health treatment, including medication, on my
own. If my mental health care provider determines that I need mental
health treatment, and that requiring parental consent would be detrimental
to the course of my treatment (including the possibility that I won't
seek treatment if I have to involve my parents), then he or she can
treat me and prescribe medication without getting parental consent.
If I did ask my parents and they refused to consent to my care, I can
still get treatment if a physician determines that care is in my best
interests.
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10)
Youd like to talk to your school drug and alcohol counselor
about your drinking problem, but you're afraid he might share this
information with your parents. Do you need parental consent before you can
go talk to him? |
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No.
Parental consent is not required for a minor to receive drug and alcohol
counseling. Also, the counselor cannot disclose the information I share
with him to my parents without my permission. However, if my school
requires parental permission for all health-related services, I have
the option of refusing treatment rather than involving my parents. If
my school gets any funding from the government, then I can get services
without parental involvement, and anything I say to the counselor --
even if it's not specific to drug and alcohol problems -- is protected
by strict federal confidentiality laws. This means that even if I tell
my counselor that I've been using illegal drugs, he or she cant
disclose this information to any authorities that might conduct a criminal
investigation of me or charge me with a criminal offense.
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11)
Youre a teen mother. You need to take your baby to get vaccinated.
Can you consent to your childs medical care as well as your own?
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Yes. Since
I am a parent, I can consent to all my own health care as well as my
childs health care. When I was pregnant, I was able to consent
to all necessary medical care on my own as well.
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12)
You're a pregnant teenager and your principal says you need to leave your
school for an "alternative school"
because you are a distraction to the other students. Can your principal
force you to leave your school?
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No. It
is a violation of federal law, known as Title IX, for any school that
receives money from the government (which includes all public schools
and some private schools) from discriminating against students on the
basis of gender, including pregnancy. Therefore, my principal is discriminating
against me and violating Title IX by pressuring or coercing me into
leaving my school, since the only reason she is doing this is because
I am pregnant. Furthermore, the school cannot force me to take a medical
leave of absence from school; this is a decision that only can be made
by me and my doctor. So unless my doctor and I decide that I should
stay home for medical reasons, or unless I decide I want to transfer
to another school, Im not going anywhere. Im staying right
here at my school!
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