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Legal Issues Concerning Minors For STD WorkersISDH STD Prevention Program2014

ObjectivesUnderstand what Indiana law says about minors for STD/HIV testingUnderstand what Indiana law says about consent for sexual activityUnderstand who is obligated to report child abuse and neglect

Legal citationsIC 16-36-1-3(d) [Read as: Indiana Code Chapter 16, section 36, subsection 1-3(d)] relates to minor consentIC 31-33-5-1 Relates to child abuse reporting

What the law says about minorsPer Indiana law, a minor of any age may give their own consent for medical care or treatment if they have, suspect that they have, or have been exposed to a venereal diseaseThis means no parental consent or notification is requiredAll confidentiality provisions are in place for the child the same as if they were an adult (written release, etc.)

MisconceptionsMany believe this consent is limited by a lower age, for example 13 or 14, but Indiana law doesnt put a floor on the ageHealth care providers may establish a lower age by their own policySome may think that if the child tests positive, the parent must be notified but this is against the law unless the child has given written consent to release

Child abuse or neglectDIS may be more in a position to learn of child sexual abuse than other types of health care workersAll of you are mandated reporters which means you must report suspected child abuse or neglect to authoritiesThis may arise for us when asking a teen about sex partners In Indiana, a person under age 14 is not legally able to consent to sexual activity [IC 35-42-4-9]

More on consent for sexual activityYouth aged 14 and 15 are only legally able to consent to sexual activity if:They are in a dating relationshipThey are with someone not more than four years older than them (and not age 18)So, someone age 14 or 15 could date someone up to age 17 but not an 18-year oldOnly those aged 16 or 17 are legally able to consent to sexual activity with a person aged 18 or older

Making a reportYou will need to give your name and contact information and state your agencys nameYou will need to give the name of the child and locating information as well as parent information if knownYou do not have to (and should not) give any information pertaining to the confidential health matter such as diagnosis or exposureI learned in the course of my work that child X was engaging in sexual activity with a person aged X

Common questionsIf my district receives a communicable disease report (or lab) on someone under age 14, am I supposed to report this to Child Protective Services?I need to establish a trusting relationship with my patients in order to learn partner information how am I to do this if I then need to turn them in? How do I assure them everything we talk about is confidential if I have to make a report?

Common questions (cont.)Am I supposed to tell my local supervisor before I make a report of child abuse? What if he/she doesnt want me to?Do I have to tell my patient that Im making the report?Will my name be told to the patient or his/her parents as the one who made the report?

ResourcesIndiana Child Abuse and Neglect Hotline 1-800-800-5556

http://www.in.gov/dcs/2971.htm