That is because the probate courts also retain jurisdiction over the rights
of unemancipated children — their parents can not contract away their rights.
In addition, we clarify that with respect to an unemancipated minor, if under applicable law a parent may act on behalf
of an unemancipated minor in making decisions related to health care, a covered entity must treat such person as a personal representative under this rule with respect to protected health information relevant to such personal representation, with three exceptions.
The primary types of vicarious liability in Louisiana are an employer's vicarious liability for damages caused by an employee in the course and scope of employment, and a parent's liability for the acts
of an unemancipated minor child.
Comment: Commenters suggested that the rule should require that the notice regarding privacy practices include specific provisions related to health information
of unemancipated minors.
If under applicable law a parent, guardian, or other person acting in loco parentis has authority to act on behalf of an individual who is an unemancipated minor in making decisions related to health care, a covered entity must treat such person as a personal representative under this subchapter, with respect to protected health information relevant to such personal representation, except that such person may not be a personal representative
of an unemancipated minor, and the minor has the authority to act as an individual, with respect to protected health information pertaining to a health care service, if:
Generally, we provide that if under applicable law a parent has authority to act on behalf
of an unemancipated minor in making decisions relating to health care about the minor, a covered entity must treat the parent as the personal representative with respect to protected health information relevant to such personal representation.
Under California law, the mother and the father (or the presumed father), «are equally entitled» to the custody
of an unemancipated minor.
Not exact matches
The bill would require financial disclosure statements to «include information on any person they reside with, rather than just their spouse and
unemancipated children; requires timely compliance with requirements
of this act by members
of advisory entities prior to such entities being authorized to provide advice.»
Under a law that was adopted by the legislature late last year and takes effect on March 28, all
unemancipated minors will need the consent
of at least one parent to get an abortion.
John Dewey warned us almost 100 years ago that it is a fool's errand to expect creative, independent, and innovative work from students when their teachers are
unemancipated and shackled by too many rules and prescriptions and too much
of a desire for uniformity
of method and subject matter.
A.R.S. § 36 - 2152, enacted in 2001, prohibits any physician from performing an abortion on an
unemancipated minor without the written consent
of one
of the minor's parents or her guardian or conservator, or unless a judge
of the superior court authorizes the physician to perform the abortion pursuant to prescribed procedures.
With respect to
unemancipated minors, we proposed that the definition
of «individual» include a parent, guardian, or person acting in loco parentis, (hereinafter referred to as «parent») except when an
unemancipated minor obtained health care services without the consent
of, or notification to, a parent.
Comment: Many commenters supported the policy in the proposed definition
of «individual» at proposed § 164.502, which would have permitted
unemancipated minors to exercise, on Start Printed Page 82582their own behalf, rights granted to individuals in cases where they consented to the underlying health care.
Comment: Commenters requested clarification about the rights
of an adult or emancipated minor with respect to protected health information concerning health care services rendered while the person was an
unemancipated minor.
Unemancipated minors seeking an abortion must additionally obtain notarized written consent
of the minor and both parents (if the parents are married) or legal guardian (s)
of the minor.