FAQ: NYCLU Legal FAQ for Minors

About This FAQ

This Q&A discusses New York law relating to minors (persons under age 18) and their right to consent to and receive confidential health services following a sexual assault. It seeks to assist health care providers in understanding that capable adolescents are entitled to make their own decisions regarding sexual offense treatment and related services and that any resulting treatment generally must remain confidential. Health care providers who work with adolescent victims of sexual assault-including doctors, nurses, rape crisis counselors and social workers-often face difficult questions about their duties of confidentiality1 to these patients, including whether they must involve third parties such as parents and police. Frequently, professionals can encourage communication between young people and their parents, helping adolescents find needed support as they confront these and other health issues. However, sometimes a teenager seeking care for sexual assault cannot or will not speak to their parents or guardians and would avoid necessary health care if forced to involve them. Similarly, if forced to involve the police, some assault survivors also would forgo treatment. By clarifying the obligations of health care providers to maintain confidentiality in treating adolescent sexual assault survivors, this guide seeks to increase adolescents' access to care even if they cannot or will not confide in parental figures and/or choose not to involve the police.

Disclaimer

This memorandum is not intended to provide individualized legal advice. Individuals with specific legal problems should consult with an attorney. If you or your patient are faced with barriers to obtaining confidential rape crisis care, please contact the NYCLU Reproductive Rights Project at (212) 344-3005.

Contents

• What medical treatment is available following a sexual assault?
• Can a minor consent to rape crisis treatment on his or her own?
• Can a minor be forced to receive medical care following a sexual assault?
• When a minor consents to rape crisis treatment, must it be confidential?
• Can a minor consent to confidential rape crisis counseling?
• Must a hospital or health care provider report the rape or rape crisis treatment of a minor to the police?
• Must a hospital or health care provider report the rape or rape crisis treatment of a minor to the minor's parents?
• Must a hospital or health care provider report the rape or rape crisis treatment of a minor to a child protective services agency?

Download

This FAQ is also available for download in PDF (Adobe Acrobat) format.

NYCLU Reproductive Rights Project, March 2002
New York Civil Liberties Union
125 Broad Street, 17th Floor
New York, NY 10004
PH (212)344-3005
FAX (212) 344-3318

Developed in conjunction with New York Presbyterian Hospital's Center for Community Health and Education Program and The Mount Sinai Adolescent Health Center

NYCLU Reproductive Rights Project, March 2002
New York Civil Liberties Union
125 Broad Street, 17th Floor
New York, NY 10004
PH (212)344-3005
FAX (212) 344-3318

Developed in conjunction with New York Presbyterian Hospital's Center for Community Health and Education Program and The Mount Sinai Adolescent Health Center