==Can children consent to—or refuse—health care?==YesIn BC, [http://www.bclaws.ca/Recon/document/ID/freeside/00_96223_01#section17 section 17] of the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96223_01 Infants Act]'' says that children (anyone a child under age 19 years old) can may consent (or agree) to their own healthcare—'''if they are capable'''. A situation that involves just a doctor and a child patient under 19 years old can expand to include the child’s parents, plus a court and lawyershealth care, if there are disagreements over the child’s best interestschild is “capable”. It can also include the Ministry Learn what this means and other issues of Children and Family Development if there are concerns about the child’s welfarehealth care consent.

==When are children capable?Understand the legal framework==The law considers children capable if they understand the need for a medical treatment, what the treatment involves, and the consequences (benefits and risks) if they get—or don’t get—the treatment. If a doctor or healthcare provider explains the consequences and decides that the child understands them and the healthcare is in the child’s best interest, they can treat a child who consents, without consent of the parents or guardians. The child might have to sign a consent form. And generally, if a child is capable of consenting to medical treatment, they are also capable of refusing medical treatment. (For the law on adults and consent to healthcare, check script [[Adults and Consent to Medical Care (Script 428)|428]], called “Adults and Consent to Healthcare”.)

There is no set age when a ===A child becomes capable. Doctors have may consent to use their best judgment in each case to decide own health care, if a child is capablethey are “capable”===Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-223/latest/rsbc-1996-c-223. Courts are flexible html#sec17_smooth law in deciding if BC], a child is capable. It depends on how mature the child is and how serious the medical treatment is. A very young child under age 19 may be able to consent to the dressing of their own health care — '''if they are “capable”'''. The law considers a wound. On the other hand, an older child may not be capable of refusing life-saving treatment. For exampleif they understand the need for the health care, in 2005what the care involves, and the BC Supreme Court upheld a Provincial Court decision that ordered a 14-year-old Jehovah’s Witness girl to have blood transfusions that she consequences (the benefits and her parents were refusing. Another example: a mildly developmentally disable child may be capable risks) of consenting to have a small cut treated, but getting the care — or not capable of consenting to antibiotics for an infectiongetting the care.

==Do children need the consent of If a parent or guardian health care provider explains these things to get healthcare?==No—not if the child and is satisfied the child understands them, and that the health care is in the child’s best interests, they are capable. They can consent treat the child if the child consents to their own healthcare, without the care. The provider does not need the consent or knowledge of their the child’s parents or guardians. Capable children can normally get medical treatment for things like birth control, abortion, mental health problems, sexually transmitted diseases, and alcohol and drug addiction problemsThe child might have to sign a consent form.

If Generally, if a parent or guardian child is limiting a child’s access capable of consenting to healthcarehealth care, it could be abuse or neglect and the child may need protection. Anyone who knows they are also capable of that situation must report it making a decision to [https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children Child Protection Services] (1.800.663.9122) of the Ministry of Children & Family Developmentrefuse health care.

==Is There is no set age when a child becomes capable. Doctors have to use their best judgment in each case to decide if a child’s health care confidential?==A child’s healthcare child is confidential capable. Courts are flexible in deciding if a child is capable. It depends on how mature the child is capableand how serious the medical treatment is. A doctor or healthcare provider can’t talk with very young child may be able to consent to the parents or guardian about dressing of a wound. On the other hand, an older child may not be capable child’s healthcareof refusing life-saving treatment. For example, unless the [http://canlii.ca/t/1k536 a court ordered] a 14-year-old Jehovah’s Witness girl to have blood transfusions that she and her parents were refusing. Another example: a mildly developmentally disabled child agrees. Just as doctors must keep information about their adult patients confidentialmay be capable of consenting to have a small cut treated, they must also keep information about their but not capable child patients confidentialof consenting to antibiotics for an infection.

There are exceptions to this confidentiality rule. In some cases{| class="wikitable"|align="left"|'''Tip'''For the law that applies for adults, parents or guardians may be able to get their child’s medical see our information or a doctor may have to disclose information to the Ministry of Children on [[Adults and Family Development. For example, if there is good reason Consent to believe that a child might harm themselves or others, or there is suspected or reportable abuse Medical Care (physical, sexual or emotionalScript 428) then the information may not stay private. In that case, the child should be told why their information won’t be kept private |adults and who it will be given consent tohealth care (no. 428)]]. |}

And if a doctor considers a ===A (capable) child does not need their parent to consent to their health care===A child who is capable, they will tell the child’s does not need their parent or guardian if they treat the childto consent to their health care. So if you’re a The child and you want your doctor can consent to keep your medical information confidentialtheir own health care, talk to without the doctor before you consent or knowledge of their parents or guardians. A capable child can normally get medical treatment to see if they agree you are capablefor things like birth control, abortion, mental health problems, sexually transmitted diseases, and if they will keep your information confidential. If not, you can look for a different doctoralcohol and drug addiction problems.

For more information on patient confidentialityIf a parent or guardian is limiting a child’s access to health care, check script it could amount to abuse or neglect and the child may need protection. Anyone who knows of such a situation must report it to a child welfare worker. You can do so by calling the [[Getting Your Medical Records (Script 421)|421]https://www2.gov.bc.ca/gov/content/safety/public-safety/protecting-children Ministry of Children and Family Development], called “Getting Your Medical Records’s screening line at 1-800-663-9122.”

==Does healthcare have =The health care has to be in the child’s best interest?interests===YesUnder [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-223/latest/rsbc-1996-c-223.html#sec17_smooth BC law], capable children can for a child’s consent to healthcare only if it health care to be legally valid, the health care provider must conclude the care is in their the child’s best interestinterests. If there is any disagreement about what care is in a child’s best interest isinterests, the people child welfare authorities may become involved may have to see a lawyer and consider going to court. If a capable child or their parent refuses health care that two doctors say is necessary to preserve the child’s life or health, the child welfare authorities can ask a court to overrule the refusal. This application is made under [httphttps://www.bclawscanlii.caorg/en/bc/Reconlaws/documentstat/IDrsbc-1996-c-46/freesidelatest/00_96046_01rsbc-1996-c-46.html#section29 sec29_smooth section 29] of the ''[http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01 Child, Family and Community Service Act]'', the Director of Child Protection can ask a court to overrule the child’s refusal. More information is available from the Ministry. In Victoria, call 250.387.7027. Elsewhere in BC, call 1.877.387.7027. Or see the [http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01 ministry website]. More information is also available on the [http://www.familylaw.lss.bc.ca/ Legal Services Society Family Law website].

==Is consent to health care needed in a medical emergency?==Consent to health care in a medical emergency may not be needed to treat a child or an adult—it depends on the situation. If a person’s life or health More information is seriously threatened, and it appears that available from the person isn’t capable Ministry of making healthcare decisions, healthcare providers may be able to treat the person without consentChildren and Family Development. See their website at [http://www.gov.bc.ca/mcf gov.bc. Because they are dealing with a medical emergency, they may be able do whatever is necessary to try and save the person’s life ca/mcf] or healthcall toll-free 1-877-387-7027.

Refusing ===Consent to health care in a medical emergency===In a medical emergency, a health care provider may not need a person’s consent to provide health care. It depends on the situation. If a person’s life or health is seriously threatened, and it appears the person isn’t capable of making health care decisions, health care providers may be able to treat the person without consent. Because they are dealing with a medical treatment emergency, they may be able to do whatever is necessary to try and save the person’s life or health. See our information on [[Adults and Consent to Medical Care (Script 428)|adults and consent to health care (no. 428)]] for the law as it applies to adults in an medical emergency raises complex legal questionssituations. Parents  ===A child’s health care is confidential===A child's health care is '''confidential''', if the child is capable. A doctor or health care provider can’t talk with the parents or guardians about a capable child’s health care, unless the child agrees. Just as doctors must keep information about their adult patients confidential, they must also keep information about their capable child patients confidential. There are exceptions to this confidentiality rule. In some situations, a parent or guardian may be able to get their child’s medical information, or a doctor may have to disclose information to the Ministry of Children and Family Development. For example, if there is good reason to believe that a child might harm themselves or others, or there is suspected abuse (physical, sexual or emotional), then the information may not stay private. In that case, the child should be told why their information won’t be kept private and who it will be given to. If a doctor considers a child not capable children who , they will tell the child’s parent or guardian if they treat the child. For more on patient confidentiality, see our information on [[Getting Your Medical Records (Script 421)|getting your medical records (no. 421)]]. {| class="wikitable"|align="left"|'''Tip'''As a child, if you want your doctor to keep your medical information confidential, talk to refuse certain treatments in an emergency need legal advicethe doctor before you get treatment to see if they agree you are capable, and if they will keep your information confidential. If not, you can look for a different doctor.|}

'''The above was last edited reviewed for legal accuracy by John Blois[http://dir.gov.bc.ca/gtds.cgi?esearch=&view=detailed&sortBy=name&for=people&attribute=name&matchMethod=is&searchString=Katherine+LeReverend&objectId=18706 Katherine LeReverend], Ministry of Attorney General, Legal Services Branch.'''