What are the Consequences for treating a minor without consent?

Answer 1

The consequences are quite severe. Your insurance carrier alone will make it almost impossible for you to practice again. You can be brought up on assault charges by the parent or parents, you can have your medical license revoked, and without a doubt you will be sued to name a few.

In cases where it is a medical emergency, ie life threatening injury, you have implied consent. This allows you to treat a child until the parents can be notified and provide informed consent.

Sometimes medical reasons can fall in a gray area as to what is an emergency. In no way, and I mean ever, should a psychologist or psychiatrist, provide treatment to a minor without consent.

A psychologist can get into trouble very easy when one parent who does not have custody brings a minor to be treated without the consent of the legal guardian. This can be especially true in the case of a custody issue. Especially if there treatment and testimony causes the child to be removed from the legal guardian. In a shelter care hearing a judge or magistrate will allow the psychologist to testify even if it was obtained illegally. This would not be allowed in a normal hearing. The psychologist would then be facing a lawsuit which could end their career and lets hope not put them in jail.

Hope your not a psychologist and did all the above or your in for a life changing series of events.

Other than that you should only treat a child without consent in an emergency situation. You should always assure you have written consent otherwise.