What is a Child Medical Consent Form?
A Child Medical Consent Form is a legal document that grants an individual, aside from a parent or legal guardian, temporary rights to access medical care and to give healthcare decisions for a child. It is written and approved by parents or guardians who may be unable to provide personal consent to the medical treatment of their child due to valid reasons, including travel situations. In general, individuals who are granted consent are grandparents, step-parents, relatives, teachers, sports coaches, caregivers, and childcare workers.
The main purpose of a medical consent document is to protect a person. For life-threatening emergencies where an individual requires immediate medical attention, medical consent is necessary before any procedure is done. However, requirements for medical approval are fewer for minors. While a Child Medical Consent ensures that any medical treatment a child would receive is approved by a parent or legal guardian, in most cases, a doctor is allowed to administer treatment even if the condition is not life-threatening. In some cases, child protective services may also be contacted to authorize medication. Nevertheless, it is advisable for children to carry medical consent forms, when parents or legal guardians are not with them, just in case emergency medical care will be needed.
Other names for child medical consent form includes Medical Authorization for a Minor, Child Medical Release Form, Medical Consent for Minors, and Caregiver Consent Form. No matter its name, their purpose is to authorize another party or individuals a temporary and limited consent to obtain medical care for a child who is under their care.
Authorization for medical consent to a temporary guardian does not revoke parental rights. In addition, child medical consent will be governed by the laws of the state where medical services will be sought. A minor is an individual who has not yet reached the legal age of majority; in most states, 18 years old is the legal age of majority. In most jurisdictions, once an individual reaches the age of 18, he or she is now legally an adult. In some jurisdictions, the legal age is 19 or 21. Thus, before attending to a patient who is not of legal age yet, medical professionals must obtain consent from the patient’s parent or legal guardian. Generally, when a minor has no medical consent form and his or her parent or legal guardian is not available to give consent, consent is presumed especially if a delay in treatment would be life-threatening or cause serious harm.
How to fill out a Child Medical Consent Form?
A Child Medical Consent Document is a single-page document that has an authorization statement, and personal information of the child and parents or guardians. Using PDFRun’s Child Medical Consent form, you can write one in minutes. Follow the guide below to fill out the form accurately.
The first paragraph of a Child Medical Consent Form is the authorization statement. If you are the parent or legal guardian of the child, enter the following:
Parent or guardian of
Enter your full legal name.
Enter the name of the child.
Enter the start date the Child Medical Consent becomes valid.
Enter the following personal and medical information of the child:
Full Legal Name
Enter the Last Name, First Name, and Middle Name of the child.
Date of Birth
Enter the birthdate of the child.
Enter whether the child is male or female.
Enter if the child has any allergies that medical professionals need to know.
Treatment the child is currently receiving and the last date received
Enter any existing form of treatment or medication the child is currently receiving and the date it was last received.
Treatment the child previously received and the last date received
Enter any past form of treatment or medication the child received and the date it was last received.
Other Relevant Medical Information
Enter any relevant medical information the attending medical professional should know.
Enter the following personal information of the parent or guardian:
Full Legal Name
Enter your Last Name, First Name, and Middle Name.
Enter your complete legal residence address.
Enter your active personal telephone number.
Enter your workplace’s number.
Enter your mobile number.
Enter your active email address.
Additional Contact Information
Enter any additional contact information.
Frequently Asked Questions about a Child Medical Consent Form
Where to get a Child Medical Consent Form?
A child medical consent form may be obtained from a children's hospital, pediatrician's office, or medical facility. You may also get a blank copy of a child medical consent template from a PDF forms or templates provider.
Why should I make a child medical consent letter?
The Medical Consent document can be beneficial because it will give the Guardian permission to make medical decisions on behalf of your child without any delays. Because this form is legally binding, there are no delays in treatment if a Guardian is appointed by the court.
If you do not have a Medical Consent document, your child may experience extremely long wait times if he or she needs emergency care. Without the consent form, it's likely that both parents will need to be present or notified before obtaining medical procedures for your child. There is also a possibility that you might need to attend Guardianship Court before your child can receive treatment.
Does a medical consent form need to be notarized?
In family law cases, many questions arise as to whether a Child Medical Consent form needs to be notarized before it can be considered valid. In most cases, the parents will need to complete a consent form for their child's healthcare provider in order to give permission for treatment or medication. A Child Medical Consent must be notarized to be valid. If the adult wishes to make a decision about minor medical treatment, that adult must have any documents notarized before bringing them into the health care provider’s office. Any unsigned or non-notarized completed forms will be returned to the adult patient.
Why is a child medical consent form important?
A child medical consent document is important because it gives the parent permission to give consent for medical treatments of their children. Without the medical consent of parents for their children, medical professionals will not be able to treat them.
In the United States, it is against the law for a child to receive any medical treatment without parental consent. This age group varies from state to state and country to country, but mostly it ranges from 12-17 years of age. In some states, children below a certain age do not require the permission of their parents in order to receive medical treatment and minors can give consent. For example, California law states that a child 15 years or older can "consent" to any form of non-emergency medical treatment. If a person is 13 or older then they may consent to their own mental health care unless it has been determined that they lack the capacity to consent.
In the case of a medical emergency, parental consent is not required as long as the child is in need of immediate help from a medical professional. This can be determined if their life and health are in danger and there is no time for them to receive permission from parents.
Who can make medical decisions for a child?
Only parents and legal guardians can make medical decisions for their children and they can create a legally binding child medical consent letter to validate their decision. If a child has both parents who agree on the treatment, it is usually not an issue. However, when the parents disagree on the proper course of treatment there is a conflict. Courts are often called upon to adjudicate these disputes.
Parental authority over the medical care of children is not absolute. Even when the parents disagree, medical decisions must be in the "best interest of the child." This is a legal standard and courts use different standards when making these decisions. Even if the court concludes that it is in the best interest of the child to receive treatment rejected by one or both parents, it cannot order treatment against the wishes of either parent unless there are extenuating circumstances. In these cases, courts often appoint an expert medical advocate to assist the child's court-appointed attorney in evaluating the medical evidence. This is called a "guardian ad litem." The guardian ad litem investigates the facts of the situation, interviews each parent and evaluates their positions, speaks with treating physicians and other experts, and makes recommendations to the court regarding what they believe is in the best interest of the child.
Can grandparents give medical consent to their grandchildren?
Grandparents can give medical consent to their grandchildren if parents are not available. The case in which the grandparents can give consent is if parents are not available, and the choice of treatment is major surgery or general anesthesia that requires an overnight stay in a hospital or ambulatory surgical center. If this is the case, then parents are not required to be present. Grandparents may give consent for treatment, but only if the child lives with them. This includes if the child is visiting or staying temporarily. If there are any other problems or questions about this matter, you should talk to your healthcare provider.
Laws vary by state, so this information may not apply to all situations of medical consent. Please ask your doctor what is legal in your state.
Can a 12-year old make medical decisions?
While a 12-year-old child can make medical decisions with the guidance and approval of his or her parents, this is not always ideal. It is important to note that a child's age is only one factor in parental decision-making. A family's particular values and cultural traditions about medical care also play an important role in the decision-making process.
The concept of "mature minor" allows for children who are at least 12 years old to make certain (but not all) medical decisions without the permission of their parents. The idea behind this concept is that some children at this age can be well-informed enough to understand the benefits and risks involved in treatment options, as well as to appreciate its consequences. However, whether or not a child is considered a mature minor is not determined by age alone. The decision may be based on the child's health, his or her ability to understand treatment options, and the risks, as well as the advantages and disadvantages to each option.
Can anyone take a child to the doctor?
Anyone can take a child to the doctor. However, if there are medical procedures that a child needs to undergo, only a parent or legal guardian is allowed to consent for them. Without the parents' consent, an operation on a child is considered assault and battery. Thus, before a doctor can perform procedures on a child when a parent or legal guardian is not available, a child medical consent document is necessary to authorize medical treatment.
A medical consent document is necessary when there are no parents or legal guardians available to seek medical attention on behalf of a minor. This can include instances where it is impossible to contact them, in cases involving emergency surgery, or in cases where immediate action must be taken to avoid further health problems, injury, or illness. It provides proof that an authorized party has agreed to seek medical attention even if it means that the child has to be hospitalized for days.
Do minors have medical rights?
Minors have medical rights in all 50 states. But not all states provide them with the same rights. In all 50 states, children have the right to receive medical care without parental consent. They can get general treatment for non-emergent conditions and can receive prescription drugs in most states. In addition, they do not need a parent's permission to schedule an appointment or even see a doctor.
The requirement of parental consent and minor medical rights vary from state to state, depending on medical situations and conditions. In some states, such as New York and Michigan, if a child wants birth control, STD treatment, or abortion they can get that without parental consent. In other states, there are specific laws that give minors the legal right to make medical decisions for themselves and receive confidential care (e.g., Illinois and New Jersey ).
However, 14 states require some parental notification and/or consent for contraceptive services: Colorado, Delaware, Florida, Hawaii, Indiana, Maine, Massachusetts, Mississippi, Missouri (two-parent notification), Nebraska (notification to one parent), Nevada, Ohio, Tennessee, Utah, and Wyoming. Parental involvement laws for abortion vary state by state. In general, these laws mandate a process where a minor obtains the consent of one or both parents, or the legal guardian of her children before she can have an abortion.
What is on a medical consent form?
A medical consent form is required to be completed by parents or legal guardians before any medical procedure is carried out on their child. In general, it contains their and their child’s information, the child’s relevant medical information, and their consent.
Why is the purpose of a child medical consent document?
Many people do not realize that when a parent is unavailable, the legal system defaults treatment decisions to the Guardianship Court. The court will appoint an adult - the Guardian - to make decisions about medical care for your child.
A Medical Consent document is a legal form that gives the Guardian permission to make treatment decisions on your child's behalf. If you have a completed medical consent paper, you're giving authority to a specific person instead of leaving it up to the Guardianship Court. This is important because if you do not have a medical consent form, it could lead to delays in treatment for your child.
A child medical consent document is important because it helps to provide guidance for child medical care in the absence of an adult's involvement. A consent document can be completed by parents or legal guardians of a minor, but it must be signed by at least one parent or legal guardian while holding this position.
It is important for parents to thoroughly read through the contents of the child medical consent document in order to understand their rights in case they are unable or unwilling to make their child's medical decisions.
Can a minor be seen by a doctor without a parent?
By law, a minor — a child under the age of 18, may not be seen a doctor without a parent or legal guardian present. Except in an emergency, the child must first see a clinic doctor before being referred to a specialist.
In case they are unavailable, parents or legal guardians may authorize their minor child to see a doctor with another adult using a child consent document. This document should be taken to the hospital or clinic along with the child.
Can a medical procedure be performed without consent?
Receiving a medical procedure requires consent from a patient. In the case of children, it is fundamental that parents or legal guardians give their consent so as to protect the interests of their children. It obviously goes without saying that any medical procedure performed on an infant should be subject to the approval of their parents.
How long does a medical consent form remain valid?
The law does not set any time scale for the validity of a medical consent form signed by the parent or legal guardian of a patient. Nevertheless, doctors are expected to request the signature of the parent or legal guardian in good time, depending on the urgency of diagnosing and/or treating a patient. The request should be made at the latest when the patient has to be admitted for in-patient treatment.
The medical consent form is valid until it is invalidated by a change of circumstances, in particular, if that change involves a new person who assumes responsibility for making decisions about the patient's health care. As regards minors who have reached the age of majority, the doctor may only request consent from them once they have been discharged from the hospital.
Can medical consent be withdrawn?
A medical consent may be withdrawn by a competent patient at any time, for any reason. In the case of a minor patient with written medical consent from a parent or legal guardian, the withdrawal of the consent requires notifying in writing, both the authorizing adult and the attending physician. The withdrawal must be in writing, dated, and signed by both parties involved in consenting to treatment.
Can a medical consent form be revoked?
A medical consent form may be revoked by writing to the doctor or health care provider at any time. It cannot be revoked by tearing up the form or by orally revoking it.
When is consent not required for medical treatment?
Instances that do not require consent for medical treatment include when the patient is unconscious, when treatment is in accordance with an advance directive or living will, and when the patient waives their right to consent.
In case a patient is a child or minor, medical consent is required from the parent or legal guardian of the child unless otherwise stated by law.
What happens when a parent does not give medical consent for the treatment of his or her child?
When a parent does not give medical consent for the treatment of his or her child, it is said that he or she has parental refusals. The reasons for this refusal are varied, including religious beliefs, poor understanding of the disease process and treatment options, financial considerations, lack of trust in the medical system.
A parent's refusal to consent to life-saving treatments for their child can result in them being taken to court, which can be a traumatic experience for all involved.
The refusal of treatment by parents must be distinguished from the withholding of consent, where parents withhold consent for treatments that they feel are not in the best interest of their child. The distinction between withholding and refusal is important because it can affect whether or not a reasonable substitute decision-maker who is given authority to make decisions on behalf of the child can consent to life-saving treatments.
It is legal for doctors and nurses to provide life-sustaining treatment to a child over the objections of their parents as long as the medical team believes that this treatment will benefit the child.
Can a hospital treat a child without consent from a parent?
Without consent from a parent or legal guardian, a hospital may not be able to treat a minor except in an emergency or in certain circumstances. In some states, a minor may be able to consent to treatment for sexually transmitted infections or seek contraception services without obtaining permission from a parent or legal guardian.
In all cases, the health care provider must assess whether the minor has the capacity to understand and appreciate the nature and consequences of proposed health care procedures. The law presumes that minors of particular ages are legally incompetent to consent to certain medical procedures.
The relevant age will vary from state to state. If a health care provider suspects that a patient is under the minimum legal age, he or she should ask for identification and try to determine whether the minor can provide informed consent. If in doubt, providers may want to err on the side of caution and not treat the patient.
A minor's level of comprehension is most likely to be questioned in cases where a parent has withheld consent for treatment that most people would consider appropriate. For example, some states will allow minors to provide consent for abortion services without parental notification or consent if they are sufficiently mature to make the decision themselves.
What makes a medical consent document invalid?
A medical consent document is invalid if the patient was coerced to accept treatment, the patient's condition is not accurately identified, or there is no legal responsibility defined.
If the patient is unable to understand what he or she signs, it also invalidates medical consent.
In case the patient is a minor, the consent is invalid without the parent or legal guardian’s signature.
What is HIPAA?
HIPAA stands for Health Insurance Portability and Accountability Act, which is a rule set out by the US government to ensure patient confidentiality. It was created in 1996 and became effective in 2004. The law is there to protect patient confidentiality when it comes to their medical records. HIPAA covers both electronic and physical records when it comes to storing, moving, and destroying files.
The punishment for breaking HIPAA can be pretty harsh depending on how much you abuse the rule.
At what age does HIPAA apply?
HIPAA does not apply to children under the age of 18. The Privacy Rule specifically excludes all individuals who are under the age of 18 from its coverage. It also excludes most minors who are voluntarily admitted for treatment but does include those that are admitted involuntarily or detained for longer than twenty-four hours. A minor who is under the age of 18 who does have a medical record covered by HIPAA must still be treated in accordance with the Privacy Rule.