[For more information, see LSC’s Healthcare Manual.]
The health of your body and mind is very important, and also very personal. Here are some answers to questions you might have about healthcare, sex, and gender, if you are under 18. These laws can be very confusing, so make sure to call Legal Services for Children if you want to talk to someone about your situation.
Can I go to a doctor without my parent or guardian’s permission?
You can get some important medical services without your parent’s or guardian’s permission, including medical services involving:
Birth control
Pregnancy
Abortion
Sexual assault or Rape
HIV and other sexually transmitted disease (STD) testing and treatment
Alcohol and drug counseling
For some of these services (such as HIV and STD testing) you have to be 12 years old or older to go to a doctor alone, but for others you can go by yourself at any age. Always talk to the doctor about why you want these services and ask her or him to keep your information private. Never be afraid to ask questions.
http://www.ahwg.net/assets/library/39_thetruthaboutconfidential.pdf
If I tell my doctor or counselor I am gay, lesbian, bisexual or transgender, will he or she tell my parent or guardian?
Doctors and counselors shouldn’t tell your parent or guardian but sometimes they don’t know they shouldn’t. So, it’s always good to ask if they can keep your information private before you tell them. For example, you can say, “If I talk to you about sexuality, will you keep it confidential?”
What are some examples of things my doctor or nurse would have to report to CPS (Child Protective Services)?
Healthcare providers have to tell CPS whenever they find out that anyone under 18 years old is being abused or neglected even if the abuse or neglect happened a long time ago. This includes information about physical, emotional, sexual, and other types of abuse, and neglect.
Healthcare providers also have to tell CPS when they learn about certain sexual activity. They have to tell CPS if a person 14 or older is having sex with a person under 14 of the opposite sex. They must also tell CPS if a person 15 or younger is having sex with a person 21 or older.
If you have a question and feel uncomfortable or unsure about what you should share with the healthcare provider, you can always use an example that doesn’t include you. It is more important for you to get answers for your questions than for the doctor or nurse to know specific information about your partner. For example, you could say:
My friend Tim is dating a guy named Damien. I’ve heard that he should use a condom for oral sex. Why?
OR
My friend Maria has been seeing an older guy. They started having sex, and she is worried because she hasn’t had her period this month. Where can she go for a pregnancy test?
Can I get condoms, other forms of protection, or pregnancy tests without telling my parent or guardian?
Yes. You don’t have to be 18 to buy condoms, lubrication, other over the counter forms of protection, birth control, or pregnancy tests. You can also get these things for free or at a lower cost from health clinics like Planned Parenthood. Call 1-800-230-PLAN (7526) for the nearest Planned Parenthood Health Center.)
Can I get emergency contraception (EC, or the “morning after pill”) without telling my parent?
Yes. You can get EC from a pharmacy without a prescription from your doctor or a clinic. You can also find a clinic near you by calling the Emergency Contraception Hotline at 1-888-NOT-2-LATE (668-2528). If you go to an emergency room after a sexual assault, that emergency room has to give you information about EC or to give EC to you if you ask for it. You can also call the National Sexual Assault Hotline at 1-800-656-HOPE (4673).
I am transgender or questioning my gender. Can I get hormone treatment without my parent or guardian’s permission?
You will need your parent or guardian’s permission to get hormone treatment, unless you are emancipated or at least 15 years old living on your own and paying for your own food, housing, and other bills. If you have questions about hormone treatment or would like to talk to a counselor about transitioning, call Dimensions Queer Youth Clinic at (415) 934-7789, or check out their website at http://www.dimensionsclinic.org/.
You can also call the L.A. Gay & Lesbian Center at (323) 993-7400, or check out their website at http://www.lagaycenter.org/.
I am HIV positive. Do I have to tell my school and will they keep it private?
You don’t have to tell anyone—not even your school—if you are HIV positive. That’s your personal business and you have a right to keep it to yourself. You also have the right to tell anyone you want. If you do tell your school that you are HIV positive, they can’t tell anyone.
Do I have a right to sex education in my school?
California public schools do not have to teach sex education. But they do have to teach about HIV/AIDS. If your school does have sex education, it has to include safe sex (and not just teach you to say “no” to sex).
Your parent or guardian can keep you from taking these classes. BUT learning about sexual orientation, gender identity, family life, tolerance, and diversity are not the same as sex education, and your parent or guardian cannot keep you from being in classes or discussions about these subjects!
