Consent of Minor for Health Services (Youth & Young Adult Legal Issues Edition)

It may be hard for a minor to access health services when no adult will sign a consent for their treatment. Healthcare professionals may be concerned about treating a minor when no adult signs a release or consent form.

One good option for minors is to seek care at a local county health department. A health department offers many different services to meet the health needs of the community members no matter their age. The health department may also have a list of local healthcare providers who do accept minor patients. Find a health department near you on this interactive map.

Montana Law (Section 41-1-402) says that a minor’s consent for health services is valid in these situations:

• The minor has been emancipated by court order;
• The minor is married, has had a child, is pregnant, or has graduated from high school;
• The minor is separated from the minor’s parent or legal guardian, and is supporting themselves by whatever means;
• The minor is pregnant or is affected by a communicable disease (illnesses that can be spread from one infected being to another, including a sexually transmitted disease), or drug and substance abuse, including alcohol – the provider may treat the minor for these conditions only and must counsel the minor or refer the minor to another health professional for counseling;
• The minor needs emergency care; or
• The minor has a child and is consenting to the health services for the child.

Access to health services affects a person’s overall health and well-being. Regular and reliable access to health services can:

• Prevent disease and disability;
• Detect and treat illness or other health conditions so an effective treatment plan can be put in place;
• Increase your quality of life; and
• Increase life expectancy.

Legal Help

• Montana Legal Services Association (MLSA) provides free civil, non-criminal legal help to eligible clients. Apply for free legal help by calling 1-800-666-6899 or applying online.
• Tribal Health Services may have different rules regarding access to healthcare. If you are a tribal member living in a tribal community, contact MLSA to apply for free legal help on your specific situation at 1-800-666-6899 or by applying online.
• Contact your nearest Self Help Law Center for free legal information and forms.

Non-Legal Resources

• The Youth Homelessness Development Project (YHDP) is designed to support Montana service providers in the development and implementation of a coordinated community approach to preventing and ending youth homelessness. More information is avaliable at the YHDP website.
• County resource guides provide an up-to-date listof avaliable help centers.