Minor consent and medical records in California: who can consent, and who can see the record

In California, minors can consent on their own to certain care — mental health, pregnancy, STIs, drug and alcohol treatment. That controls who signs authorizations and whether a parent can access the record.

By CoreFolio

Published July 23, 2026Verified July 25, 20266-minute read

California lets minors consent to more of their own care than many practices assume — and that consent decides two things at once: who can authorize a release of the record, and whether a parent can see it. For care a minor can consent to on their own, the minor generally controls the record. This article lays out the main minor-consent categories, the records-access timelines, and how it all ties back to a valid CMIA authorization.

Key takeaways

A minor 12 or older can consent to outpatient mental-health treatment if mature enough to participate (Family Code § 6924) and to drug- or alcohol-related treatment (§ 6929).¹²
A minor may consent to care related to the prevention or treatment of pregnancy (§ 6925), and a minor 12 or older to care for a possible infectious or communicable condition (§ 6926).³⁴
When a minor consents on their own, the minor generally controls the record — a parent is not automatically entitled to it.⁵
Under CMIA § 56.11(b)(3)(A), the minor signs the authorization only for self-consented care; otherwise the parent or legal representative signs.⁶
Records access runs on California's timelines: five working days to inspect, 15 days for copies (Health and Safety Code § 123110).⁷

California's Family Code, Division 11, Part 4, sets out minor-consent categories. The ones a general or behavioral-health practice sees most:

Mental-health treatment (§ 6924). A minor 12 or older "may consent to mental health treatment or counseling on an outpatient basis, or to residential shelter services," if, in the attending professional's opinion, the minor is mature enough to participate intelligently.¹
Drug or alcohol treatment (§ 6929). A minor 12 or older "may consent to medical care and counseling relating to the diagnosis and treatment of a drug- or alcohol-related problem."²
Pregnancy-related care (§ 6925). "A minor may consent to medical care related to the prevention or treatment of pregnancy."³
Infectious/communicable condition (§ 6926). A minor 12 or older who may have come into contact with an infectious, contagious, or communicable condition may consent to related diagnosis and treatment.⁴

Each category has its own conditions and limits — for example, some require involving a parent in the treatment plan where appropriate — so the statute text is the control.

Who controls the record — and who signs the authorization

The consent question drives the records question. When a minor lawfully consents to care on their own, the minor generally controls that record, and the parent is not automatically entitled to access it. The CMIA makes the same point about authorizations: under Civil Code § 56.11(b)(3)(A), a minor may sign an authorization to release medical information only for information the provider obtained "in the course of furnishing services to which the minor could lawfully have consented" on their own.⁶ For everything else, the parent or legal representative signs.

The practical rule for staff: whoever could consent to the care controls its records. Mixing self-consented care into a record a parent can freely access is a common — and avoidable — mistake.

Records access timelines and the mental-health exception

Two Health and Safety Code sections govern patient access:

§ 123110 requires a provider to permit inspection during business hours "within five working days after receipt of the request," and to transmit copies "within 15 days after receiving the request," on payment of reasonable costs.⁷
§ 123115 allows a provider to decline inspection or copies of mental-health records where the provider determines there would be a substantial risk of adverse or detrimental consequences, subject to conditions; and it allows denial of a representative's (parent's) access where access "would have a detrimental effect on the provider's professional relationship with the minor patient or the minor's physical safety or psychological well-being."⁵

These are narrow, documented exceptions — not a general right to withhold — and they run alongside HIPAA's access rules (see the federal 30-day access standard at 45 CFR § 164.524).⁸

What this means for your practice

These rules land on your intake, consent, and records-request workflow — where they meet HIPAA's personal-representative provisions at 45 CFR § 164.502(g), the patient-access timelines at § 164.524, and the policies and procedures § 164.530(i) requires a practice to maintain. A California practice that treats minors should:

Train intake staff on the consent categories so self-consented care is flagged when it happens.
Segregate self-consented records enough that a parent's routine access does not sweep them in.
Set your access clocks to California's — five working days to inspect, 15 days for copies — alongside HIPAA's 30-day outer limit.
Document the § 123115 exception process for mental-health records and representative-access denials, so a decision to withhold is defensible.
Align your authorization form with § 56.11(b)(3)(A) on who signs.

Turning that into forms and procedures a regulator would find defensible is the work itself — specific, citation-heavy, and easy to get wrong from a blank page. CoreFolio HIPAA walks through each step and produces that documentation with the structure already in place.

Sources

Cal. Fam. Code § 6924 (a minor 12 or older may consent to outpatient mental-health treatment or counseling, or residential shelter services, if mature enough to participate intelligently). California Legislative Information: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6924. ↩ ↩²
Cal. Fam. Code § 6929 (a minor 12 or older may consent to medical care and counseling relating to the diagnosis and treatment of a drug- or alcohol-related problem). California Legislative Information: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6929. ↩ ↩²
Cal. Fam. Code § 6925 (a minor may consent to medical care related to the prevention or treatment of pregnancy). California Legislative Information: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6925. ↩ ↩²
Cal. Fam. Code § 6926 (a minor 12 or older who may have come into contact with an infectious, contagious, or communicable condition may consent to related diagnosis and treatment). California Legislative Information: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6926. ↩ ↩²
Cal. Health & Safety Code § 123115 (mental-health records access exception where there is a substantial risk of adverse or detrimental consequences; denial of a representative's access where it would be detrimental to the minor's professional relationship, physical safety, or psychological well-being). California Legislative Information: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=123115. ↩ ↩²
Cal. Civ. Code § 56.11(b)(3)(A) (a minor may sign an authorization to release medical information only for information obtained in the course of furnishing services the minor could lawfully consent to under Part 4 (commencing with Section 6900) of Division 11 of the Family Code). California Legislative Information: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=56.11. ↩ ↩²
Cal. Health & Safety Code § 123110 (patient inspection within five working days of a written request; copies transmitted within 15 days of the request, on payment of reasonable costs). California Legislative Information: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=123110. ↩ ↩²
45 CFR § 164.524(b)(2) (HIPAA right of access — the covered entity must act on an access request no later than 30 days after receipt). Electronic Code of Federal Regulations: https://www.ecfr.gov/current/title-45/section-164.524 ↩

FAQ

Common questions

What care can a minor consent to on their own in California?

California's Family Code lets minors consent to several categories of care without a parent. A minor 12 or older can consent to outpatient mental-health treatment if mature enough to participate (Section 6924) and to diagnosis or treatment of a drug- or alcohol-related problem (Section 6929). A minor may consent to medical care related to the prevention or treatment of pregnancy (Section 6925), and a minor 12 or older may consent to care for a possible infectious, contagious, or communicable condition (Section 6926).

Can a parent see a record for care the minor consented to alone?

Often no. When a minor lawfully consents to care on their own, the minor — not the parent — generally controls that record, and the parent is not automatically entitled to access it. Under Health and Safety Code 123115, a provider may decline a representative's (parent's) access where it would have a detrimental effect on the provider's professional relationship with the minor or on the minor's physical safety or psychological well-being.

Who signs a records authorization for a minor?

Under CMIA Civil Code 56.11(b)(3)(A), a minor may sign the authorization only for information a provider obtained while furnishing services the minor could lawfully consent to on their own. For all other records, the parent or legal representative signs. So the consent question and the authorization-signing question have the same answer: whoever could consent to the care controls its records.

How fast must I provide a California patient's records?

Health and Safety Code 123110 requires allowing inspection during business hours within five working days after a written request, and providing copies within 15 days after receiving a request (with reasonable copying costs). These state timelines run alongside HIPAA's access rules.

Can I withhold mental-health records from a patient or parent?

In limited circumstances. Health and Safety Code 123115 lets a provider decline to permit inspection or provide copies of mental-health records where the provider determines there would be a substantial risk of adverse or detrimental consequences, subject to conditions — and lets a provider deny a representative's access where it would be detrimental to the minor. This is a narrow, documented exception, not a general right to withhold.

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