Minor, Sex, Duty To Warn & Protect

Front 1

What are the two exceptions to parental consent based on the status of a minor?

Back 1

1. Status of the minor
2. Category of care provided

Front 2

What are the three exceptions to parental consent based on the status of the minor?

Back 2

1. If the minor is married,
2. Borne a child,
3. Living separate and apart from parents or guardian (regardless of consent or duration) who is managing their own financial affairs.

Front 3

What are the categories of medical, mental, and other health care services for which a minor may give their own consent in the state of MN?

Back 3

1. Emergency care
2. Pregnancy-related care
3. Contraceptive care
4. Abortion
5. Substance abuse
6. STDs
7. Inpatient mental health services

Front 4

If a minor has consented for their own care, is there any circumstance under which a clinician can break confidence and inform the minor's parents of the care given?

Back 4

When, in the professional's judgment, failure to inform the parent or guardian would seriously jeopardize the health of the minor.

Front 5

What is sexual abuse?

Back 5

If the offender is:
1. Responsible for the minor's care,
2. In a position of authority over the minor, or
3. Has a significant relationship to the minor.

Front 6

What is sexual assault?

Back 6

If the offender is a stranger or does not meet the criteria for a sexual abuser.

Front 7

What is the definition of position of authority?

Back 7

Includes but is not limited to any person who is a parent or acting in the place of a parent and is charged with any of a parent's rights, duties or responsibilities to a child.
Or, a person who is charged with any duty or responsibility for the health, welfare, or supervision of a child, either independently or through another, no matter how brief at the time of the act

Front 8

What is the definition of significant relationship?

Back 8

A relative by blood, marriage, or adoption, or an adult who resides intermittently or regularly in the same dwelling as the minor.

Front 9

What are the circumstances in which a health care provider is mandated to report sexual contact?

Back 9

When the sexual contact falls within the child abuse/sexual abuse reporting statute (626.556). This statute states a report is mandated when the sexual contact took place within the past three years AND:
1. Was with a person who is responsible for the minor's care,
2. Was with a person who in a position of authority over the minor
3. Was with a person who has a significant relationship to the minor, or
4. Is an indication of parental/responsible person neglect

Front 10

If an adolescent was sexually assaulted but does not want to file a police report, is the provider mandated to report the assault?

Back 10

No. Only if it falls within the state's child abuse/sexual abuse reporting statute.

Front 11

If an adolescent reveals having consensual sex with someone considerable older than he or she, is the health care provider mandated to report this as statutory rape?

Back 11

No. Only if the sexual contact also falls within the child abuse/sexual abuse reporting statute.

Front 12

What actions constitute criminal sexual conduct?

Back 12

Ranges from 1st to 4th degree. The degree of severity varies according to the age of the victim, the cognitive and physical capacity of the victim, the nature of the sexual contact, the age difference between the offender and minor victim, and whether force or coercion was used.

Front 13

If a provider has reason to believe a minor has been a victim of criminal sexual conduct in a licensed facility, is the provider mandated to file a report?

Back 13

It depends on the relationship of the offender to the victim and the circumstances under which the event occurred.

A report must be filed with law enforcement or the appropriate state licensing agency if:
1. The offender is an employee or representative of the licensed facility,
2. The sexual contact is an indication of failure to protect on the part of the licensed facility, and
3. The criminal sexual conduct occurred within the past 3 years

Front 14

When must a report be called in and what should be done after?

Back 14

Reports must be called in within 24 hours followed by a written report within 72 hours, exclusive of weekends and holidays.

The report must:
1. ID the child
2. Any person to be responsible for the abuse or neglect (if known)
3. Nature and extent of the abuse or neglect
4. Name and address of the reporter

Front 15

When do we have a duty to warn or protect?

Back 15

When their is a specific, serious threat made against an identifiable person, and they are not aware of the threat.

Front 16

When can an emergency hold be placed on someone by a peace or health officer?

Back 16

If the person is believed to be mentally ill or mentally retarded and is in imminent danger of hurting themselves or others if not restrained.

Front 17

When can a person be held in a facility involuntary, by whom, and for how long?

Back 17

If already in treatment they can be held to protect the persons or others from imminent harm based on an "overt act, attempt, or threat of harm", by a licensed physician or licensed doctoral level psychologist for up to 72 hours (excluding holidays and weekends) without court intervention.