LCYC protects the interests of youth and children by advancing their legal rights, which includes advocating for the right to make their own choices. Supporting the autonomy and agency of youth can be empowering and affirming. In Washington, there are consent laws that support a youth’s right to make their own choices. One form of advocacy for youth is sharing information about these consent laws so that the people who are impacted by them have knowledge and awareness of these protections. LCYC created a Minor Consent Chart that outlines common consent questions youth have and applicable Washington laws.
Though many general rights are not afforded to individuals until they turn eighteen, there are laws that allow youth under eighteen to consent to certain services and care. These laws were advocated for by the public and put in place by the legislature in the interest of supporting youth’s personal autonomy. For youth making decisions about their own medical care, agency and autonomy is important to support affirmation of identity and promotion of their overall health interests. The chart explores questions related to medical consent in Washington around the ability to access mental health care, gender affirming medical care, and reproductive health care.
Washington follows a policy known as the Mature Minor Doctrine, which allows youth to provide their own consent for certain types of care if they are determined to be “mature” by a physician. Unfortunately, some providers are hesitant to make these determinations, but still this policy provides a viable path for young people to receive health care services when they lack parental consent. The recent passage of Senate Bill 5883 now allows for unaccompanied homeless youth to provide informed consent for their own health care, including nonemergency, outpatient, and primary care services, including physical examinations, vision examinations and eyeglasses, dental examinations, hearing examinations and hearing aids, immunizations, treatments for illnesses and conditions, and routine follow-up care customarily provided by a health care provider in an outpatient setting, excluding elective surgeries. This bill goes into effect on June 8, 2022.
The chart also explores the rights of youth to enter contracts, which often directly relates to their ability to build independence and achieve stability. Youth who are homeless or system impacted often cannot obtain parental consent but need to navigate various contracts, such as school, housing, and finances to survive. Applicable consent laws can help assure youth can access these important resources.
Minor consent laws exist to aid youth who find themselves without support, but they still may face limitations to their right to consent – though a youth may be able to provide consent, parental notification may be required, which would remain a barrier to receiving services. Institutions like banks or rental agencies may have internal policies that restrict accounts for youth inhibiting their access to safe housing and financial security.
Ongoing advocacy needs to be done to improve how these laws are implemented, but the presence of these laws create opportunities for youth to gain independence and security.
Please visit the Minor Consent Chart to learn more about these youth protections. The chart is intended to provide general information only and is not intended as legal advice.