Health care providers may not report other MINORS AND crimes—including and “”— Useful Resources RAPE CRISIS TREATMENT committed against their patients to the police, regardless of the patient’s age. It is up to the patient whether to report a . State Coalition Against Sexual A minor is a person under the age of 18. Subpoenas for information on crimes Assault Informed consent, which is required before involving minors under 16: If the police or Website: www.nyscasa.org providing any medical care, means that a district attorney subpoena a rape kit or other Phone: (518) 482-4222 patient understands the risks, benefits and medical information regarding a minor age proposed alternatives to a particular 15 or younger to use as criminal evidence, New York City Alliance Against Sexual treatment. the provider must turn it over. Assault Confidentiality means that information Communicable diseases, HIV diagnosis, Website: www.NYCagainstrape.org related to a patient’s treatment cannot be and contact notification: Health care Phone: (212) 229-0345 (english) disclosed without the permission of the providers must report statistical information (212) 229-0345 x306 (en español) person who consented to the treatment. on certain communicable diseases, including Sexual assault services include medical care, chlamydia, gonorrhea, and syphilis to state New York City Gay and Lesbian Anti- the sexual assault forensic evidence collection health officials, and must ask for names of Violence Project kit (the “rape kit”), and rape crisis counseling. sexual and needle sharing partners when an Website: www.avp.org Medical care may include physical examination, initial positive diagnosis of HIV is made for Hotline: (212) 714-1141 treatment of injuries from the assault, contact tracing purposes. The patient must pregnancy testing and counseling, testing be provided treatment whether or not she or Safe Horizon and prophylaxis for HIV and sexually he decides to share names; the patient should Website: www.safehorizon.org transmitted infections (STIs), and emergency also be informed that the patient’s own name Sexual Assault Hotline: (212) 227-3000 contraception (EC). The “rape kit” is used to will not be disclosed during contact tracing. Crime Victims Hotline: (860) 689-HELP obtain and preserve evidence that may have Billing: Breaches of confidentiality may been left on the victim’s body or . occur when the provider or insurance Rape, Abuse, Incest National Network Rape crisis counseling includes any mental health care that may be necessary following company sends bills or laboratory results to (RAINN) an assault. the minor’s home. Providers should anticipate Website: www.rainn.org and discuss these with patients and find Hotline: (800) 656-HOPE alternatives, such as obtaining special contact Minors in New York State can consent phone numbers or alternate addresses. If you have further questions about minors’ to all aspects of health care following rights to care after a sexual assault, or about a sexual assault and any resulting For further discussion of these and other minors’ rights to access other types of health care, treatment must remain confidential. exceptions, please refer to our publication contact the New York Civil Liberties Union’s Sexual Assault Services and Teenagers, Healthcare, and the Law, and to Reproductive Rights Project at (212) 607-3300. our Child Abuse Reporting and Teen Sexual Confidentiality Activity FAQ at http://www.nyclu.org/ Most minors’ parents are involved in helping them get services following a sexual assault. This card was developed by To view footnote citations, please see But fear of disclosure prevents some minors the New York Civil Liberties Union www.nyclu.org/rapecrisistreatment from seeking services. When young people Reproductive Rights Project 5 (cont'd inside...) know that physicians will respect their Rape crisis counseling; confidentiality, they are more likely to seek Forensic evidence collection (“rape Almost all information about sexual care, especially after a sexual assault. kit”); assault care is confidential. There is Even though minors cannot generally obtain Care for all injuries related to the sexual no law mandating that providers report health care services without parental consent, assault. all sexual assault cases involving NY Law permits minors to consent on their Required Services minors to State authorities or the police, and to report such incidents own to post-sexual assault services so long All sexual assault survivors must be as they can give informed consent. There is provided with care regardless of insurance without the patient’s consent may no minimum age one must be to provide status or ability to pay, and they must be constitute professional misconduct. informed consent, and, therefore, health care offered rape crisis services and emergency facilities may not employ blanket policies— contraception. Exceptions to the Confidentiality Rule written or unwritten—that impose an age Although most sexual assault care is Forensic Evidence Collection Cannot minimum for the receipt of services without confidential, in certain circumstances, the Be Performed Without Consent parental consent. law may require or allow a health care A minor who can consent to rape crisis When a minor legally consents to his or her provider to disclose particular information services also can refuse to consent to such health care following a sexual assault, medical to a specified person(s) or institution(s): services, and a sexual assault exam should information may not be disclosed to anyone, Child abuse reporting: Health care not be performed against the minor’s will. including parents, without the minor’s providers must report reasonable suspicion For example, a parent cannot demand that a consent, unless otherwise required by law of child abuse to the State Central Registry “rape kit” be performed without the minor’s (see exceptions below). of Child Abuse and Maltreatment. However, consent. Medical guidelines require providers such a report is only proper when a minor to interview the patient separately from the Minors can give informed consent is physically, sexually or emotionally abused parent to ensure consent is voluntary. for both medical care and evidence by a parent or legal guardian, or when a collection (“rape kit”) after a sexual When A Parent Has Consented to A parent or legal guardian knew about the assault without involving a parent. Minor’s Sexual Assault Care abuse and failed to prevent or stop it. Even when a parent has consented to post- No report to the State Central Register of Child Abuse and Maltreatment should be made Services Minors Can Consent to On sexual assault care, providers can refuse to because a minor has had consensual sex with Their Own provide information about a minor’s sexual assault care if: someone who is not a relative or guardian, or A minor who can give informed consent can has been raped by a peer or a stranger, unless The provider determines that disclosure consent to the following confidential the rape was the result of abuse or neglect would be detrimental to the treatment of services: by a parent or guardian. the minor, the provider’s relationship with Contraception, including emergency Gunshot wounds and life threatening the minor, or the minor’s relationship with contraception; stab wounds: Such wounds must be reported his or her parent; or Abortion; to the police. However, the provider or The minor is over 12 and objects to Pregnancy care; facility should not report the circumstances disclosure. Mental health care in many circumstances; surrounding how the injuries occurred, Testing and treatment for sexually As always, pregnant minors, minors who are because to do so would breach patient transmitted infections; parents, and emancipated minors can make confidentiality and expose the provider to HIV testing; all of their own health care decisions. potential legal and professional sanctions. 2 3 4