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Healthcare Rights of Youth in Illinois
(updated January 2018) January 18, 2018
by Monica Guzman
Terms to Know
protections we are given by law
written statements passed by the Illinois General Assembly and signed by the Illinois Governor
this could be a doctor, nurse, nurse practitioner, midwife, counselor, social worker, or other professional
in Illinois, a minor is someone under the age of 18
in Illinois, a mature minor is someone under the age of 18 who is married, pregnant, or a parent
something that will be kept private:
In Illinois, youth have the right to confidentiality when talking to healthcare providers or getting a procedure
Exceptions to confidentiality:
Cases of abuse and neglect by a family member, guardian, or caretaker (source: 325
ILCS5/Abused and Neglected Child Reporting Act
May pose a danger to others
May pose a danger to themselves
Services & Laws
No consent needed by parent or guardian if a minor is married, pregnant, or a parent. Consent is needed for minors if they do not meet these qualifications.
Individual clinics may have their own policy or practice, as consent is different from notification.
See 410 ILCS/Consent by Minors to Medical Procedure Act.
No consent needed by parent or guardian for OTC pregnancy tests.
In-office pregnancy tests may fall under "General Healthcare."
No consent needed by parent or guardian, as prenatal care is "General Healthcare."
Parent or guardian must be notified 48 hours prior to minor's abortion procedure. Consent is not needed.
Notification may be waived by judicial bypass (court order).
See 750 ILCS 70/Parental Notice of Abortion Act.
No consent needed by parent or guardian for external condoms, but internal condoms now require a prescription.
Available for purchase or for free in many locations.
Plan B One-Step and generics available OTC without consent or a prescription. Other versions require a prescription for 16 and younger, but no consent is required at the pharmacy.
See below for sexual assault-specific regulations.
No additional consent needed by parent or guardian for youth 12 and older.
See 325 ILCS 10/Birth Control Services to Minors Act.
Consent needed by parent or guardian as it's a vaccine, but consent can be bypassed in some cases if minor thinks they were exposed to HPV.
STI/HIV Testing and Treatment
No consent needed by parent or guardian for youth 12 and older.
Providers are not required to share results with parent or guardian by are allowed to.
See 410 ILCS 210/Consent by Minors to Medical Procedure Act.
Sexual Violence and Assault
No consent needed by parent of guardian for:
Making a police report
Consenting to healthcare at the hospital, including treatment for STIs, HIV, and emergency contraception
Consenting to evidence collection and release
90 days of follow-up medical care
5 counseling sessions at a rape crisis center (12-16 years old)
Determining of parameters of confidentiality (12 and older)
Protective orders require someone 18+, but it does not have to be a parent or guardian.
See 410 ILCS 70/Sexual Assault Survivors Emergency Treatment Act and 410 ILCS 210/Consent by Minors to Medical Procedure Act.
Outpatient Mental Health
12-16 years old:
No consent needed by parent or guardian for eight 90-min. sessions.
Consent needed to continue unless counselor believes it's in the minor's best interest to continue or that parental involvement would be detrimental to minor's well being.
17 and older:
No consent needed by parent or guardian.
See 405 ILCS 5/Mental Health & Developmental Disabilities Code. Effective 1/1/18; was previously limited to five 45-min. sessions.
Inpatient Mental Health
Voluntary admission without parental consent at 16 years old, but parent or guardian is informed immediately.
Involuntary admission by a parent or guardian is possible, but a minor 12 years or older can object and be released within 15 business days.
See 405 ILCS 5/Mental Health & Developmental Disabilities Code.
Substance Use Treatment
No consent needed by parent or guardian for youth 12 and older for inpatient or outpatient. Family involvement or release of information is only allowable with the youth's consent.
See 410 ILCS 210/Consent by Minors to Medical Procedure Act
Is Your Child Sick?®
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Answers About Complementary and Integrative Medicine—Autism Toolkit
Choosing Over-the-Counter Medicines for Your Child
Complementary and Integrative Medicine: What Parents Need to Know
Giving Eye drops to your Toddler
Giving Medicine to Children: Important Safety Information
How Asthma Medicines Are Taken
Medications, Administration of
Medicine and the Media: How to Make Sense of the Messages
Prescription Medicines and Your Child
Use of Medicines in Sports (Care of the Young Athlete)
Using Liquid Medicines
Using Over-the-Counter Medicines with Your Child
2019 Novel Coronavirus (COVID-19)
Acute Ear Infections and Your Child
Allergies in Children
Anemia and Your Young Child: Guidelines for Parents: Adapted from Caring for Your Baby and Young Child: Birth to Age 5
Anesthesia and Your Child: Information for Parents
Ankle Sprain Treatment (Care of the Young Athlete)
Antibiotics Aren't Always Needed
Asthma and Your Child
Bedwetting: What Parents Need to Know
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Breastfeeding During COVID-19 Pandemic
Bronchiolitis and Your Young Child
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Cloth Face Coverings for Children During COVID-19
Common Childhood Infections
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Constipation and Your Child
Co-Parenting Through COVID-19: Putting Your Children First
COVID-19: Infant Formula Advice
COVID-19: Information for Families of Children and Youth with Special Health Care Needs
Croup and Your Young Child
Croup: When Your Child Needs Hospital Care
Crying and Your Baby: How to Calm a Fussy or Colicky Baby
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Developmental Dysplasia of the Hip
Diaper Rash and Your baby
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Gastroenteritis: When Your Child Needs Hospital Care
Getting Children Outside While Social Distancing for COVID-19
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How to Take Your Child's Temperature
Imaging Tests: A Look Inside Your Child's Body
Inhaled and Intranasal Corticosteroids and Your Child
Know the Facts About HIV and AIDS
Learning Disabilities: What Parents Need to Know
Lice (Pediculosis Capitis)
Lyme Disease (and Other Tick-borne Diseases)
Managing Chronic Health Needs in Child Care and Schools—Allergic Skin Conditions
Managing Chronic Health Needs in Child Care and Schools—Allergies: An Overview
Managing Chronic Health Needs in Child Care and Schools—Anaphylaxis
Managing Chronic Health Needs in Child Care and Schools—Asthma
Managing Chronic Health Needs in Child Care and Schools—Attention-Deficit/Hyperactivity Disorder (ADHD)
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Middle Ear Fluid and Your Child
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Parent’s Guide to Head Lice, A
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Positive Parenting & COVID-19: 10 Tips to Help Keep the Calm at Home
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Simple Ways to Entertain and Boost Your Baby’s Development at Home
Sinusitis and Your Child
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Sleep Problems: Your Child’s Sleep Diary
Social Distancing: Why Keeping Your Distance Helps Keep Others Safe
Staphylococcus aureus (Methicillin-Resistant [MRSA] and Methicillin-Sensitive [MSSA])
Strep Throat (Streptococcal Pharyngitis) and Scarlet Fever
Teens & COVID-19: Challenges and Opportunities During the Outbreak
Tips for Coping with a New Baby During COVID-19
Tonsils and the Adenoid
Treating Your Child's Pain: Medical Procedures
Treating Your Child's Pain: Surgery
Type 2 Diabetes: Tips for Healthy Living
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Urinary Tract Infection
Urinary Tract Infections in Young Children
Warts (Human Papillomavirus)
What is Clean Intermittent Catheterization?
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Working and Learning from Home During the COVID-19 Outbreak
Your Child Has a Sore Throat: What's the Cause?
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