·         A minor female has come seeking an abortion.  Do I have a duty to inform her parents or guardian?

No.  A minor female’s fundamental rights are not extinguished by virtue of not having attained the age of majority. New Jersey addressed this issue in the New Jersey Supreme Court case of Planned Parenthood of Central New Jersey, et al v. Farmer, 165 N.J. 609 (2000), following the Parental Notification for Abortion Act (N.J.S.A 9:17A-1.1 et. seq.)  The Act required a physician to wait at least 48 hours after written notice about a pending abortion to the unemancipated minor’s parents.  The Court held the Act unconstitutional and found that it burdened the fundamental right of a woman to control her body and destiny.  Additionally, the State did not provide adequate justification distinguishing between minors seeking abortions and those seeking pregnancy related care, thus, the Act violated the minor’s right to equal protection set forth in the New Jersey Constitution.   

·         A minor female has come seeking pregnancy related care.  Do I have a duty to inform her parents or guardian?

No.  The minor female maintains the same rights related to confidentiality as any person who has achieved the age of majority.  N.J.A.C. 13:35-6.5 provides that the minor is deemed his/her own authorized representative when the condition being treated relates to pregnancy, sexually transmitted disease or substance abuse.

·         Can a minor consent to the prevention of pregnancy?

Yes.  Although there is no specific New Jersey statute that specifically authorizes a minor to consent to contraceptive care, a minor maintains the same rights as an adult.   Under Title X of the of Public Service Act, those providers who receive Title X funds must provide contraceptive care without requiring consent or notification of the minor’s parent or guardian.  Title X is a federally based program solely dedicated to family planning and reproductive health.  Services are delivered through hospitals, clinics, health care centers, and state and local health departments.  Congress enacted Title X for the purpose of providing comprehensive family planning services to all, including minors. 42 U.S.C.A 300, note 4.

·         A minor, seeking treatment, appears to have been sexually assaulted.  Do I have a duty to notify her parents or guardian?

Yes and No.   New Jersey statute, specifically N.J.S.A. 9:17A-4, provides that in the case of a minor who appears to have been sexually assaulted, and who is at least thirteen (13) years of age may consent for treatment, however it also states that parents or guardian of the minor must be notified immediately unless the attending physician believes it is in the best interests of the patient not to do so. Failure to locate the parent or guardian however, does not preclude rendering necessary emergency treatment. 

·         Do I have a duty to report the incident of sexual assault to the police?

No.  A victim of sexual assault should be provided with a rape counselor who will ensure that all communications between the victim and the rape counselor are confidential.  N.J.S.A 2A:84A-22.15 provides for such confidential communications.  Pursuant to N.J.S.A. 52:4b-22, hospitals must afford the victim an opportunity to contact a rape care advocate prior to investigative, medical and forensic procedures occurring.  Additionally, the victim may have the advocate present during the evaluation.  The advocate will ensure that the victim is fully cognizant of her options to report the sexual assault to the authorities.

·         Do I have a duty to report the incident to the Division for Youth and Family Services (DYFS)?

Maybe. If you have reasonable cause to believe the minor was sexually assaulted by a caretaker, co-inhabitant, or someone in a supervisory role, then you must contact the Division for Youth and Family Services. 

·         A minor presents for treatment for a venereal disease.  Do I have an obligation to inform the minor’s parents or guardian?

No.  By New Jersey statute, minors, who are at least thirteen (13) years of age and believe that s/he may be afflicted with a venereal disease, may consent to treatment.  Specifically, N.J.S.A 9:17A-4 asserts that any consent rendered by the minor is considered binding and would not be subject to disaffirmance by reason of minority.