Minors - What are the rights of parents when a minor child seeks treatment for a sexually transmitted disease without their knowledge or consent?

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Question

Can you tell me what my rights are as a parent of a 16 year child?  My daughter went to the Oakland County Health Department (instead of school and without my permission) to see if she has an STD.  She doesn’t know that I know.

Answer

Below is the Michigan statute that I believe addresses your question.

333.5127 Minor infected with venereal disease or HIV; consent to treatment; informing spouse, parent, guardian, or person in loco parentis; financial responsibility. [M.S.A. 14.15(5127) ]

Sec. 5127. (1) Subject to section 5133, the consent to the provision of medical or surgical care, treatment, or services by a hospital, clinic, or physician that is executed by a minor who is or professes to be infected with a venereal disease or HIV is valid and binding as if the minor had achieved the age of majority.  The consent is not subject to later disaffirmance by reason of minority.  The consent of any other person, including a spouse, parent, or guardian, or person in loco parentis, is not necessary to authorize the services described in this subsection to be provided to a minor.

(2) For medical reasons a treating physician, and on the advice and direction of the treating physician, a physician, a member of the medical staff of a hospital or clinic, or other health professional, may, but is not obligated to, inform the spouse, parent, guardian, or person in loco parentis as to the treatment given or needed.  The information may be given to or withheld from these persons without consent of the minor and notwithstanding the express refusal of the minor to the providing of the information.

(3) A spouse, parent, guardian, or person in loco parentis of a minor is not financially responsible for surgical care, treatment, or services provided under this section.

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Last Updated:  3-19-02

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov