Who can waive the privilege if a minor is receiving treatment without parental consent?

In the context of therapy involving a minor who is receiving treatment without parental consent, it is essential to understand who holds the privilege to waive confidentiality. In California law, if a minor is considered to have the capacity to consent to their own treatment, they can also assert certain rights regarding their confidentiality, including the ability to waive privilege.

The client, in this case, is the minor, and they have the right to control their own therapeutic information. Therefore, the minor themselves or their attorney can waive the privilege, allowing information to be shared when deemed appropriate. This is designed to protect the minor's autonomy and encourage them to seek help without the fear of unnecessary disclosure to their parents or guardians.

In contrast, therapists, teachers, or guardians do not have the authority to unilaterally waive this privilege in the absence of parental consent, as such actions would not align with the minor's rights under California law regarding confidentiality and privilege in therapy. Thus, the minor retains the ability to make decisions about their therapeutic disclosures, making the correct response to the question the minor or client's attorney.