Are you wondering whether your child can accept or refuse healthcare or social services on their own? The short answer is: it depends on their age.
Minors under 14 years of age
To provide care to your child under the age of 14, medical staff must obtain your consent as the parent or tutor. Only in cases of extreme emergency can they intervene without having to wait for your permission.
Healthcare and social services professionals must respect your decision. However, if they have a legitimate reason to object, they can take the matter to court. They may do this, for example, if your decision could have serious and lasting consequences for your child’s health. In such a case, the court will make the decision.
Minors 14 years of age or older
Is your child 14 or over? Are they capable of making a free and informed decision? In that case, they can decide for themselves whether to accept or refuse most care, whether required or not by their state of health.
If they want to, they can do so without consulting you. They can also deny you access to their health information.
Care required by a person’s state of health means any treatment intended to cure or relieve the person in question. This can include hospitalization, the administration of medication, cosmetic surgery required due to a birth defect, and so on. Abortion also falls into this category. Care not required by a person’s state of health, such as a tattoo or nonessential cosmetic surgery, does not serve the same purpose.
Note that there are certain situations where healthcare professionals are required to contact you. This is the case if your child is in a healthcare or social services institution due to a mental condition that could pose a danger to themselves or others. You will also be notified if your child has to stay in such an institution for more than 12 hours, regardless of the reason. However, if your child wants to keep the nature of their care confidential, the staff will not be able to tell you any more.
Do you disagree with a decision your child has made? If you want to overturn this decision, you can take the matter to court.
Exceptions
If your child is 14 or older and refuses urgent care intended to save their life or preserve their physical integrity, as their parent or tutor, you can provide consent on their behalf. If you also refuse to consent, the medical staff may decide to apply to the court.
In cases of extreme emergency, medical staff may treat your child even without obtaining their consent or yours.
Finally, your child cannot demand to receive any care that is not required. If the care poses a significant risk to their health and could have serious and lasting effects on their health, your permission is required.
If you encounter any problems
Did a member of the healthcare staff fail to follow the rules regarding consent to care? You can file a complaint with the service quality and complaints commissioner of the institution (CISSS or CIUSSS) concerned.
Do you disagree with the commissioner’s decision? Has your complaint gone unanswered for more than 45 days? Contact the Protecteur du citoyen. Our services are confidential and free of charge.
Does your complaint concern a doctor, a resident physician, a dentist or a pharmacist? The Protecteur du citoyen cannot intervene, but you have other options.
