Law and Ethics Practice Exam

Who can waive a minor's privilege in California?

1. The court can waive it if deemed necessary

2. Only the minor can waive it

3. Parents can waive it on behalf of the minor

4. Health professionals can waive it for treatment purposes

The correct answer is: Parents can waive it on behalf of the minor

In California, the privilege of a minor with respect to confidentiality and communication in certain contexts, such as therapy or counseling sessions, can indeed be waived by parents or guardians. This is based on the legal understanding that parents generally hold the authority to make decisions on behalf of their minor children, especially concerning health care and related matters. However, it is crucial to note that the specific context and circumstances may dictate how this privilege is applied. For example, in situations involving sensitive issues such as mental health, substance abuse, or reproductive health, there might be additional considerations about when and how a minor may exercise their own right to confidential communication, depending on their maturity and understanding of the situation. The other options — such as courts waiving the privilege, only the minor being able to waive it, or health professionals waiving it — do not capture the legal framework regarding parental authority over minor's privileges. The court's role would typically involve evaluating the necessity of maintaining or waiving such privileges in legal proceedings rather than having the authority to outright waive a minor's privilege. It is essential to recognize that while health professionals might have ethical obligations concerning confidentiality, they cannot unilaterally waive a minor's privilege without consent from a parent or guardian in most cases.