Teen Agers with Medical Rights???

Updated on May 14, 2009
A.G. asks from Sacramento, CA
19 answers

Okay so here is the question. I have a 16 year old daughter that is a run away. I get a note on the door for the Health and Human Services department in her name. Okay so I have not seen or heard from her in 5 months. I open it, it says "we need to discuss a personal health issue with you, if left untreated it could be detrimental to your health and well being" I call the number on the note in a frantic mess, they tell me " I am sorry if you are not the person the note was intended for I can not help you. I explain to them that the note was left for a minor child who happens to be missing as a runaway. They tell me "this matter is non of your business and I am hanging up now". And they did. this is what I do not get. I understand HIPPA and the privacy for people and their medical records however why is it that a parent who is legally responsible for these kids can not get any information on what is going on for them. They need my permission when entering a movie theater to see an R rated film, they need a signed note from me when the school goes on a field trip, and when they are absent due to an illness and they leave a note about a SERIOUS health condition that could be detrimental to her health and well being its not my business? How does this make any kind of since? Now what, she is not only missing as a runaway for god knows what reason but now her life could be on the line and I am not entitled to know?

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S.K.

answers from Sacramento on

If this is regarding an abortion (which it sounds like it could) they do not have to tell you a thing. A law was passed in California that allows minors to get an abortion without permission or consent from their parents and the medical facility does not have to tell you anything. They say it's for the protection of kids who may be getting abused, but look what happens to those who are not.

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J.H.

answers from San Francisco on

Depending on what he/she was seen for i know that the law protects them on certain personal issues anything to do sexually or the personal hygene of that origin. I know its not fair being that i work at a doctors office and we go through this quite a bit. SOrry this is happening to you and hopefully everything gets cleared up

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S.B.

answers from Redding on

Dear A.,
This must be so hard on you. I know I would flip if my daughter ran away and I didn't know where she was. I really hope you find her or she makes the decision to come home, safe and well.
If I were you, I would call your local health department and ask them what kind of medical records can be kept from a parent. Don't ask in an accusatory way, just say you are curious about what things can be kept confidential from a parent. That will give you an idea of the scope and spectrum of information they may be trying to contact her about.
My first thought was that it could be regarding being tested for an STD, something along those lines. It just seems strange that if she's had an appointment recently, she would have given your address because she's obviously not there to be contacted and she knows that.
It doesn't sound like you will have any luck getting information specific to her. If she has been reported as a runaway to law enforcement agencies, I would let them know about the letter. They may have ways of going about locating her or getting clues as to what she's been up to at least. This obviously makes it even more urgent that she be found.
Try to hang in there and I hope she'll be all right.
Let us all know what happens.

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M.E.

answers from San Francisco on

I'm sure it's related to a sexually transmitted disease. If you want to get some information you might call them and ask if they have seen your daughter at a public clinic as she's a runaway and you're very worried about her. Perhaps you could report the letter to the police in an effort to locate her. If she did not seek treatment in a county clinic then she might have been reported as a sex partner of someone who contracted a STD. Then you might call the county, without identifying yourself and ask if you came to a clinic to get treated with a STD would you need to report your other partners OR does that only happen in serious diseases, such as AIDS. Either way I would use this contact as a possible lead to locate your daughter and get her home.

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A.A.

answers from San Francisco on

State Law - All individuals over age 12 years, have privacy rights to medical treatment for drugs, alcohol, sexual related conditions including but not limited to sexual transmitted diseases, abortions, and birth control. It;s the LAW! It's not related to HIPPA. It is related to health care of a minor. Talk to a counsellor at Planned Parenthood, they may be able to assist you in understanding the law and how you can help your daughter.
Have you reported your daughter missing? Did you call your daughter's physician and let them know she is missing? They may have seen her for a condition that you do not know about.

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J.H.

answers from San Francisco on

I know that this seems crazy, but it is for the child's protection. I once knew a friend that was sexually active (way 2 young- 15 years old) and went to her dr. with an STD. The same type of thing happened, Dr office left a message and her parents found out. 3 days after that she was beaten to death by her father. Not every parent is caring and understanding. Children who have abusive parents can't let them find things like this out or it could mean their lives. I know that this is an extreme case, but it does happen!
I wish you the very best, and hope that you find your daughter safe and healthy! Try and keep in mind that it might not be as bad as it looks! Maybe she is pregnant and only needs prenatal care, or she has a treatable STD.
I would set up a myspace account and try to get her attention that way. We miss and love you _______! Please come home! That way if she or a friend of hers sees it then she can understand what pain and scared feelings you are going through. Kids don't always remember that in most cases their parents will forget all the wrong they have done if they only just come home safe.
Blessings to you!

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A.S.

answers from San Francisco on

Hi A. -

I have a BIG issue with this as well - Is the child a minor or not? If I must take care of a child until age 18, then I am responsible - in every way. To me these laws are senseless. There have been some propositions on the ballot to give parents back rights that have been taken away. For the long term maybe you might contact political groups working to change these ridiculous laws, and help with a grassroots effort.
I recently took my 13 year old daughter to the doctor for a routine checkup - the doctor told me it was the law that my 13 year old daughter could opt to not have me know anything about what the visit was for or any of the results. ??!??!?

G.M.

answers from Modesto on

That law is horrible and was only made to protect minors that are having sex and abortions. Sad deal.
I suggest you make an appt to see the doctor that made the diagnosis. Once you are in the room try pleading with her to at least give you the severity of the problem rather than actually revealing what the problem is. She may be able to relieve your mind that it's not life threatening if nothing else. Good luck.

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T.V.

answers from San Francisco on

A.,

Sad but true…..the best solution I can offer is to put the word out to any and all her friends that she needs to see a doctor at the clinic (she obviously went to). The fact that she gave them your address, might be her way of reaching out to you. Maybe she wants to come home and is scared and embarrassed. I’m assuming you already reported her missing to the police maybe they will post an Amber Alert.

I know its really difficult being a single parent; I would just be out of my mind if my child were missing. I will pray for you and your family and I wish you all the best. Let us hear from you.

Blessings…..

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D.S.

answers from San Francisco on

Hi A.,

I know where you are coming from. My daughter, now 18, has had the right to privacy since she was 12,maybe 13. From that point if she didn't want me in the room, she could say so. The doctor said that I can only find out what they talked about from my daughter. When I worried that she had become sexually active, nothing. When I thought that perhaps she was on her way to getting pregnant nothing. YET if something were to happen to her and she needed to be treated, they would expect my signature for payment. IT'S CRAZY. I can sympathize, but there is no way around it.

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A.A.

answers from San Francisco on

I am so sorry you are going through this. It must be frustrating. Yes, the HIPPA laws give minors aged 12 and up the right to obtain health care including counseling without parental consent with regards to sexuality. There are many parents who would cause harm or try to impede the child's need for care, thus the reason for this law. I know you don't fit into that category, but the health care providers don't know that.

I'm probably preaching to the choir, but I hope you find her soon so she can take care of herself. My heart goes out to you and your family.

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C.G.

answers from Sacramento on

Shane B had a good response. You are not going to be able to get information specific to your daughter, but can find out what is considered confidential medical services. I know reproductive health care and alcohol and other drug services are confidential, not sure if there are more than that. But once you do find out, I would call the police and possibly that will encourage them to work harder to find her.

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A.A.

answers from San Francisco on

Hi A., Yes, Is'nt that something? I found that out many years ago when my now adult daughter had become sexually active as a young teen, I tried making an appointment for her at Planned Parenthood and was told that a sexually active teen was considered almost an amancipated minor and was responcible for making their own appointments. I made the same argument as you just did and got the same responce. I was flabbergasted! She also later did the run away thing, but I was able to convince her to go stay with her father for awhile. That's another story... C.J.

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W.M.

answers from Sacramento on

A.,
I too am sorry to hear that she is missing. But, I can say from experience, my childrens doctors have always give us the information on out kids. The only time they have not is when it was the OB-gyn doctor, or their therapist. I end up finding out stuff anyway because of
perscriptions and stuff that needs to be taken care of.
I think contacting a law office would be a good idea and ask what rights you have with a runaway child. Good luck and I hope she comes home soon.
W. M.

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A.P.

answers from Sacramento on

Hi A.,
I am so sorry to hear about your situation. It does sound absurd but this is how our system works. Kids as young as 13 years old can be taken from schools to have an ABORTION! and the parents do not have the right to know. If the parent comes to school for the child, they can't tell you where they are. But if she needs Tylenol, they need your authorization....Watch out for a law about children's rights that have to do with what some countries and the United Nations are trying to get through. It could get worse!

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A.W.

answers from San Francisco on

A., I feel your pain. Anyone who has dealt with the system knows they make rules that sometimes seem totally inappropriate but in my opinion, you won't be able to do anything about it. I'm not going to belabor the point because I have no solutions, but just wanted to offer you my sympathy.
A.

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R.F.

answers from Salinas on

Yes...quite frightening... when they turn 13... yes 13.... their medical information becomes theirs, and without their permission cannot be shared with their parents by medical professionals. That law was passed as one to protect children.. specifically girls from violent parents, who might harm them if they were say found to be pregnant or have some STD, and there was a fear that some parents wouldn't handle it well if it was found out. While it may not make sense for those of us that would choose to help our child... California decided it needed a sweeping law to "protect" all the teenagers from their parents, just in case. I know it's scary and frustrating. I wish you luck in finding your daughter and helping her through this.

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A.R.

answers from San Francisco on

Hi A.
I am truly sorry to hear that your daughter has runaway.. You must be going thru a very tough time. Have you spoken to a children's advocate lawyer or social services? There must be some type of hotline to call with such questions. If you go on the net and google teenage health rights and parental right, perhaps something would come up? California is pretty liberal with some of their laws.. a little too liberal if you ask me in that a child's (16 IS child) parent's should be able to obtain health info, esp. if life threatening. I mean if you can pay health insurance for a child, then it is damn well your business. Whomever hung up on you was rude and should be reported. If something happens to your daughter in conjunction with whatever life-threatening illness they won't tell you about, I feel in part it IS their fault. Sorry, I just get a little annoyed at some of these freakin liberal California laws , especially when it comes to our kids..
I wish you the best of luck!

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C.B.

answers from San Francisco on

I had the same EXACT situation with my daughter. And I hate to tell you, but you have no right to know what the medical problem is, but believe me, if she has no insurance, you are on the hook to pay for it! Makes absolutely no sense and gives wayyyyy too much power to these kids!

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