Minor’s Rights to Consent to Medical Treatment

Treatment Generally

Under G.L. c.112, §12F , a minor may consent to his own medical or dental care if:

(i)                 married, widowed, or divorced;

(ii)               the parent of a child, in which case the minor also may consent to medical care for the child;

(iii)             in the armed forces;

(iv)             pregnant or believes herself to be pregnant; or

(v)               living separate and apart from his parent or legal guardian, and is managing his own financial affairs.

Except, minor may not consent to abortion or sterilization, unless married, widowed or divorced.   G.L. c.112, §12F.

However, §12F does not necessarily give minors the right to refuse medical treatment.  Under DCF regulations, DCF may consent to certain treatment if the minor refuses to consent.  See e.g., 110 CMR 11.06 (pregnancy-related services); 11.09 (diseases dangerous to the public health).

Mature Minor Doctrine

Under the “mature minor” doctrine, where the best interests of a minor will be served by not notifying his or her parents of intended medical treatment, and where the minor is capable of giving informed consent, the minor may consent to the treatment.  No judicial involvement is required, but court approval may be sought, and if it is, the judge “may give effective consent” to the treatment.  Baird v. Attorney General, 371 Mass. 741 (1977)

Treatment for Drug Dependency

A minor 12 or older may consent to treatment for drug dependency if found to be drug dependent by two or more physicians.  G.L. c.112, §12E.  If a minor in the care or custody of DCF refuses to consent, DCF may consent (except if treatment is in a locked facility, DCF must comply with regulations regarding admission to a mental health facility).   110 CMR 11.08.

Treatment for Disease Dangerous to Public Health

A minor who reasonably believes he is suffering from a disease dangerous to the public health may consent to care which relates to the diagnosis or treatment of such disease.  G.L. c.112, §12F.  However, if a minor in the care or custody of DCF refuses to consent, DCF may consent.  110 CMR 11.09.

Admission to Mental Health Facility

A minor 16 or older may apply for admission and may discharge self from a mental health facility.   G.L. c. 123, §§10 & 11; 104 CMR 27.06.   A minor 16 or older who was admitted by a parent or guardian has the same rights as a 16 or 17 year old who applied for his own admission, including the right to leave upon submission of a 3-day notice, or the right to remain, despite notice of the parent’s intention to withdraw the patient.

Intoxicated Minor

An intoxicated minor may apply for voluntary admission to a detoxification facility.  G.L. c.111B, §§7 & 10.