§ 14-10-20 — Unaccompanied homeless minor's consent for health care

North Dakota § 14-10-20

• Jurisdiction: North Dakota
• Title 14: Domestic Relations and Persons
• Ch. 14-10: Minors

Text

1. As used in this section, "unaccompanied homeless minor" means a minor fourteen
years of age or older living in one of the situations described in 42 U.S.C. 11434a(2)
and who is not in the care and physical custody of a parent or legal guardian.
2. An unaccompanied homeless minor may consent to, contract for, and receive medical,
dental, or behavioral health examinations, care, or treatment without permission,
authority, or consent of a parent or guardian. Acceptable documentation demonstrating
an individual is an unaccompanied homeless minor includes:
a. A statement documenting such status, signed by a director or designee of a
governmental or nonprofit entity that receives public or private funding to provide
services to individuals who are homeless;
b. A statement documenting such status, signed by a local educational agency
liaison for homeless children and youth designated pursuant to 42 U.S.C.
11432(g)(1)(J)(ii), a local educational agency foster care point of contact
designated pursuant to 20 U.S.C. 6312(c)(5)(A), or a school social worker or
counselor;
c. A statement documenting such status, signed by an attorney representing the
individual in any legal matter; or
d. A statement documenting such status, signed by the individual and two adults
with knowledge of the individual's actual circumstances.
3. This section does not authorize an unaccompanied homeless minor to consent to an
abortion or otherwise supersede the requirements of chapter 14-02.1.
4. An unaccompanied homeless minor who is a parent may consent to, contract for, and
receive medical, dental, and behavioral health examinations, care, or treatment for the
minor's child.
5. A physician or other qualified professional licensed to practice in this state who
provides medical, dental, or behavioral health examinations, care, or treatment to an
unaccompanied homeless minor under this section may not be held liable in any civil
or criminal action for providing such services without having obtained permission from
the minor's parent or guardian. This section does not relieve the physician or other

qualified professional from liability for negligence in the diagnosis or treatment of an
unaccompanied homeless minor.
6. Identification of an individual as an unaccompanied homeless minor automatically
does not mean the individual is a neglected child as defined in section 50-25.1-02.
7. This section does not supersede the mandatory reporting requirements of section
50-25.1-03.