Opinion No. (2004)

BILL LOCKYER Attorney General SUSAN DUNCAN LEE Deputy Attorney General THE HONORABLE DENNIS BUNTING, COUNTY COUNSEL, COUNTY OF SOLANO, has requested an opinion on the following questions: 1. May a school district require that a student obtain written parental consent prior to releasing the student from school to receive confidential medical services? 2. May a school district adopt a policy pursuant to which the district will notify a parent when a student leaves school to receive confidential medical services? CONCLUSIONS 1. A school district may not require that a student obtain written parental consent prior to releasing the student from school to receive confidential medical services. 2. A school district may not adopt a policy pursuant to which the district will notify a parent when a student leaves school to obtain confidential medical services. ANALYSIS Generally speaking, parental consent is required for a minor's medical treatment. (American Academy of Pediatrics v. Lungren (1997) 16 Cal.4th 307 , 314-315 ; Ballard v. Anderson (1971) 4 Cal.3d 873 , 878 .) There are, however, exceptions, such as when the public interest in preserving the health of a minor takes precedence…