8.2 Consent for Minors: Parents, Caregivers, Emancipation, and Self-Consent
Key Takeaways
California Family Code § 6922 lets a minor 15 or older who lives apart from their parents and manages their own finances consent to dental care.
A relative caregiver who completes items 1 through 8 of California's caregiver's authorization affidavit may authorize a minor's dental care like a guardian (Family Code § 6550).
A nonrelative caregiver's affidavit in California covers only school enrollment and school-related medical care, not dental care (Family Code § 6550(a)).
California emancipated minors, including those married, on active military duty, or declared emancipated by a court, may consent to dental care (Family Code §§ 7002, 7050).
Under California joint legal custody, either parent may consent alone unless the custody order requires both parents' consent (Family Code § 3083).
The starting point
A minor is anyone under 18 (Family Code § 6500). Unless an exception applies, dental treatment of a minor needs consent from a parent with legal custody or a legal guardian. The dentist must still explain the treatment to the minor in terms they can understand. Getting the child's assent is good practice and good ethics.
Who can consent for a minor (K1161)
| Person | Authority | Source |
|---|---|---|
| Either parent with joint legal custody | May consent acting alone, unless the court order requires both parents' consent for that decision | Family Code §§ 3003, 3083 |
| Parent with sole legal custody | Decides alone; the other parent still has access to records | Family Code § 3025 |
| Legal guardian appointed by a court | Same as a parent | Probate Code |
| Relative caregiver with a completed caregiver's authorization affidavit (items 1–8) | Same rights as a guardian to authorize medical and dental care | Family Code § 6550(a) |
| Nonrelative caregiver with the affidavit (items 1–4) | School enrollment and school-related medical care only, not general dental care | Family Code § 6550(a) |
| An adult the parent authorizes in writing, such as a grandparent or nanny caring for the child | May consent to medical or dental care | Family Code § 6910 |
Details of the caregiver affidavit
- A parent's contrary decision overrides the caregiver's unless it would jeopardize the child's life, health, or safety (§ 6550(b)).
- A dentist who relies in good faith on a properly completed affidavit, without actual knowledge of contrary facts, is protected from criminal, civil, and professional disciplinary liability and need not investigate further (§ 6550(c)–(d)).
- The affidavit becomes invalid once the provider is told the child no longer lives with the caregiver (§ 6550(f)).
When a minor consents alone
| Minor | May consent to | Source |
|---|---|---|
| Emancipated minor: married or in a domestic partnership (even if later dissolved), on active duty in the armed forces, or holding a court declaration of emancipation | Medical, dental, and psychiatric care, without parental consent, knowledge, or liability | Family Code §§ 7002, 7050 |
| Minor 15 or older who lives apart from parents (with or without their consent, for any length of time) and manages their own finances (from any source of income) | Medical, vision, and dental care; parents are not liable for the cost | Family Code § 6922 |
| Any minor, regarding pregnancy prevention or treatment | Related medical care, excluding sterilization | Family Code § 6925 |
| Minor 12 or older, regarding a reportable infectious disease or STD | Diagnosis and treatment; STD prevention | Family Code § 6926 |
| Minor 12 or older alleged to have been raped; any minor alleged to have been sexually assaulted | Diagnosis, treatment, and evidence collection; for sexual assault the provider must try to contact a parent unless the parent is the suspected assailant | Family Code §§ 6927, 6928 |
Under § 6922(c), a dentist treating a self-consenting 15-year-old may tell the parents about the treatment given or needed, with or without the minor's consent, if the dentist knows where they are from what the minor said.
What the minor controls afterward
When a minor lawfully consented to care, the minor, not the parent, generally controls access to those records and authorizations to release them (Health and Safety Code § 123115; Civil Code § 56.11). See Section 2.5.
Emergencies
If a child needs emergency care and no one with authority can be reached, the emergency exception in Cobbs v. Grant allows treatment limited to what the emergency requires. Keep trying to reach the parent and document the attempts. A dentist who renders emergency care in good faith at the scene of an emergency outside the office is also protected from civil liability by B&P § 1627.5.
Special cases
- Sedation: written consent from a parent or guardian is required for a minor's moderate sedation, deep sedation, or GA, and GA consent must include the statutory language (B&P § 1682(e)).
- Opioid prescriptions: before the first opioid prescription in a course of treatment, the prescriber must discuss the risks with the minor and the parent, guardian, or authorized adult (Health and Safety Code § 11158.1; Chapter 9).
- Divorce disputes: if one parent objects to treatment the other approved, check the custody order. Without a mutual-consent clause, either parent with joint legal custody may consent. Non-urgent elective care is often better postponed until the parents agree.
- Stepparents and grandparents have no automatic authority. They need a guardianship, a written authorization (§ 6910), or, for relatives, a completed caregiver affidavit.
Worked scenario
A 16-year-old works full time, rents a room from a friend, and pays her own bills. She asks for a root canal and crown without telling her parents.
- She meets § 6922: she is 15 or older, lives apart, and manages her own finances.
- She may consent, her parents are not liable for the bill, and the dentist may inform her parents if their whereabouts are known.
- She should sign the Dental Materials Fact Sheet acknowledgment and any financial agreement herself.
A grandmother brings her 9-year-old grandson, who lives with her, for extractions. She presents a completed caregiver's authorization affidavit (items 1–8). His parents cannot be reached. May the dentist rely on her consent?
No; only a parent or court-appointed guardian may ever consent for a minor
No; the affidavit covers school-related medical care only
Yes; a relative caregiver who completes items 1–8 may authorize dental care like a guardian, and the dentist is protected when relying on it in good faith
Yes, but only if a second relative also signs
A 17-year-old who married last year, and whose marriage has since been dissolved, wants orthodontic treatment. Who must consent?
The 17-year-old, because a minor who has entered a valid marriage is emancipated even if the marriage is dissolved
Both of her parents, because the marriage ended
A juvenile court judge
Her former spouse
Divorced parents share joint legal custody. The custody order has no mutual-consent clause. The mother consents to her son's recommended fillings; the father later objects. What is the legal position?
Treatment must stop until both parents sign
The father's objection controls because he objected last
The dentist must get a court order before treating
The mother's consent is valid, because either parent with joint legal custody may act alone unless the order requires mutual consent
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