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Confidential care for minors

A Guide to Law Affecting Minors’ Access to Confidential Health Care in Illinois*

A Minor

A minor is a person under the age of 18.

Informed Consent

Generally, Illinois law requires the consent of a parent or guardian for a minor to obtain medical care. However, a minor who understands the risks, benefits, and alternatives to health care services may give their own informed consent in certain situations as outlined below.

Minors Who May Consent to All Medical Care

Minors who are in one of the following categories may consent to ALL medical care to the same extent as an adult without the consent of a parent or guardian:

The minor is legally married.
The minor is a parent.
The minor is pregnant.
The minor has been legally emancipated by a court for the purpose of consent to medical care.

Specific Circumstances in Which Minors May Consent to Medical Care


Minor Not Living with Parent or Guardian (“Minor Seeking Care”)

A minor who is at least 14 years old, living separate and apart from their parents or legal guardian, managing their own personal affairs, and unable or unwilling to return to the residence of their parent or legal guardian (a “minor seeking care”) can give consent for primary care services if: (1) the health care professional providing such care reasonably believes the minor understands the benefits and risks of the services, and (2) the minor is identified in writing as a “minor seeking care” by an adult relative, an Illinois attorney, a school social worker or homeless liaison, a representative of a homelessness services agency, a representative of a religious organization, or a social service agency that provides services to at risk, homeless or runaway youth.

Contraception

Health care personnel may provide confidential contraceptive counseling and services to minors without parental consent if: (1) the minor is married, a parent, or pregnant; (2) the minor is referred by a physician, clergyperson, or planned parenthood agency, or; (3) where a serious health hazard would be created by the failure to provide these services. Minors may also obtain condoms without parental consent. Condoms can be purchased over the counter (without a prescription) or obtained for free in many locations such as county health departments, family planning clinics, and campus health centers.

Emergency Contraception (EC)

Emergency contraception (or the “morning-after pill”) is a form of contraception that a person can take up to 120 hours after intercourse to prevent a pregnancy before it starts. There are a number of brands of EC that may be purchased by individuals under the age of 18 without a prescription or proof of age. Minors do not need parental consent to obtain EC, and confidential services may be provided.

Pregnancy Testing

At-home pregnancy tests are available for purchase over the counter (without a prescription) and no proof of age is required. Minors may also obtain confidential in-office pregnancy tests at Title X clinics.

Abortion Services

A pregnant minor may consent to abortion services without parental consent or notification. 10 Pregnant minors can access abortion in Illinois the same way adults can. For more information, visit www.aclu-il.org/youthrepro.

Sexually Transmitted Infections (STIs)

Minors aged 12 and over who may have come into contact with a sexually transmitted infection (STI) may consent to confidential testing, treatment, and counseling for and prevention against an STI. Providers must report incidents of STIs to departments of health in accordance with applicable statutes and ordinances; such reports are to remain confidential. Providers are encouraged, where appropriate, to involve a minor’s family in the minor’s treatment for an STI, but must first obtain the minor’s consent.Certain providers are permitted, but not required, to notify a minor’s parent or guardian about STI treatment given or needed.

HIV

Minors aged 12 and older may consent to confidential testing, treatment and counseling for HIV. Minors may also consent to anonymous HIV testing. Providers must report incidents of HIV to departments of health in accordance with applicable statutes and ordinances; such reports are to remain confidential. In addition, providers are directed to notify a minor’s parent of a positive HIV test, but only if they believe that such notification is in the minor’s best interest and they have been unsuccessful in persuading the minor to do so themself.

Sexual Assault

A minor may consent to health services associated with criminal sexual assault or abuse.Such services include emergency contraception, pregnancy tests, and counseling and treatment for STIs.A minor who presents for care within seven days of the assault may consent to the use of a sexual assault evidence collection kit. Minors aged 13 and older may give written consent to a hospital to release evidence and information from the kit to law enforcement officials.If medical personnel have reasonable cause to believe that the minor is an abused child under the Abused and Neglected Child Reporting Act, they are required to report the abuse to the Department of Children and Family Services.

Substance Use Disorder

Minors aged 12 and older may consent to confidential outpatient counseling and treatment if they or a family member has substance use issues with drugs or alcohol. Providers are encouraged, where appropriate, to involve a minor’s family in the minor’s treatment for substance use disorder, but must first obtain the minor’s consent. A provider may only inform a parent or guardian of the minor’s substance use disorder counseling or treatment without the minor’s consent if the provider believes that parental notification is necessary to protect the safety of the minor or others.

Mental Health

Minors aged 12 and over may consent to counseling or psychotherapy on an outpatient basis. If the minor is under 17, counseling or psychotherapy sessions are initially limited to eight in number without parental consent; after that, additional sessions without parental consent are available only if the provider determines that obtaining such consent would be detrimental to the minor’s well-being. Providers may not notify parents of the minor’s treatment without the minor’s permission unless the provider believes such notification is necessary for obtaining parental consent; however, in such a case, the minor must first be informed of the provider’s intention to disclose and given the opportunity to discontinue treatment. In addition, a parent or guardian can obtain psychological records of minors aged 12 and over if the provider does not find compelling reasons for denying access. Minors aged 16 and over may voluntarily admit themselves without parental consent for inpatient counseling or psychotherapy, but a parent or guardian will be notified immediately.

Emergency Care

A minor may receive emergency care without the prior consent of a parent or guardian when obtaining such consent is not reasonably feasible without adversely affecting the minor’s health.