Many therapists who treat minors find themselves working with relatives of the minor around issues concerning consent. Generally, it is the parent or legal guardian who must consent to the treatment of a minor child. However, there may be circumstances in which a relative is caring for a minor absent legal guardianship. This creates a unique situation for the therapist seeking appropriate consent for the mental health treatment of that minor child.

Fortunately, in 1994, the California Legislature created Family Code Section 6550 (Authorization affidavits), which specifically addresses this situation, not only for mental health care providers, but also for schools. This section addresses the circumstances in which a familial caregiver can give consent for the treatment of a minor child in their care. It also sets forth the specific language that must be included in such a consent. This article will specifically address consent for non-school mental health treatment.