mental health confidentiality laws for minors

• 8 September 2023

The American Academy of Pediatrics has included substantial related guidance in its Guidelines for Adolescent Depression in Primary Care. Understanding the barriers to care that exist due to fear and stigmatization, the guidelines make it clear that despite the importance of including family in treatment when possible adolescents value their sense of privacy and individuality and should be interviewed alone about depressive symptoms, suicidality, and psychological risk factors. Is 13 Reasons Why Part of the Problem or Part of the Solution? A psychologist in this position should seek both legal counsel and consultation from colleagues. (10) To appropriate law enforcement agencies, upon request, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. McNary, A. Some important topics to discuss include: When a therapist believes a child is in danger, they typically have a legal duty to disclose certain information, even when the child otherwise has a right to confidentiality. The importance of confidentiality in therapy. Reinert M, Fritze D, Nguyen T. The State of Mental Health in America 2022. The issue seems especially pointed when adolescents talk about activities that, while not necessarily dangerous, are illegal, such as shoplifting, the recreational use of alcohol or experimenting with drugs. Clinical Takeaway: Do not disclose information related to a persons substance use disorder without their written consent unless an exception to the rule applies to the particular situation. stream ( 32.01-32.39). For this reason, psychologists who treat adolescents will want to have a good working knowledge of mandatory reporting requirements and to be liberal in their use of consultation. That confidentiality, coupled with the unique rapport built over months or years of representation, can mean that a . 3 1. One of a therapists most important ethical duties when treating minors is to discuss confidentiality concerns with the parent(s) and the child. With rare exceptions, patients are entitled to decide whether and to whom their personal health information is disclosed. HIPAA also allows a health care provider to determine, based on professional judgment, that treating someone as a patients personal representative for HIPAA purposes would endanger the patient, and to refuse to treat the person as a personal representative under those circumstances. There is suspicion of physical abuse or neglect by an adult. Parents of minor children (typically under age 18) are generally the personal representatives of their children. At the outset of psychotherapy, Michael's mother and his therapist had frequent telephone and in-person consultations. Title B. The rules must include, but need not be limited to, the requirement that all evaluators and researchers sign an oath of confidentiality substantially as follows: "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I,. Thus, the changing clinical picture will have ethical implications. PDF Confidentiality/ Minor Consent Laws - Adolescent Health Initiative Confidentiality and Consent in Child and Adolescent Mental Health Care Share sensitive information only on official, secure websites. endstream endobj startxref These laws help young people seek confidential health care for sensitive issues such as pregnancy or pregnancy prevention, sexually transmitted infections, and substance use or abuse. Sessions take place 16-19 May, free of charge during lunchtimes. Retrieved from http://www.ncsl.org/research/health/mental-health-professionals-duty-to-warn.aspx. Title D. Alcoholism and Substance Abuse Act. (2) In re Marriage of Troy S., 319 Ill.App.3d 61 (3rd Dist. 4 0 obj GoodTherapy | Client Confidentiality Therapists who break. A minor is an person who is in the regulatory date of full statutory rights and mission. Be found at the exact moment they are searching. As we see in the top section, Ohio law allows certain minors to consent to services based on their status. doi:10.1542/peds. * Up to eight, 90-minute mental health counseling sessions for ages 12-16. When treating young children, the issue rarely arises. With rare exceptions, patients are entitled to decide whether and to whom their personal health information is disclosed. 19-89a). PDF Appendix 7 - Illinois Special Record Protections Today the Code is widely recognized as authoritative ethics guidance for physicians through its Principles of Medical Ethics interpreted in Opinions of AMAs Council on Ethical and Judicial Affairs that address the evolving challenges of contemporary practice. Fifth, many of the activities adolescents engage in do not rise to the level of reportable behavior. The therapist gently explored with Michael the reasons behind this refusal. Provision of outpatient mental health treatment to minors without parental consent. endstream endobj startxref 33 Rights of patients ( 33.01-33.27). Home Terms of Service Privacy Policy Sitemap Subscribe to The GoodTherapy Blog. Privacy Rights | Mental Health America Most states subsequently added laws that allowed minors to consent to one or more of the following: alcohol and substance abuse treatment, mental health care, and contraception. Available at: www.seyfarth.com/a/web/77459/50-State-Survey-of-Health-Care-Information-Privacy-Laws.pdf Accessed October 20, 2022. Consider the following vignette (identifying information has been changed): Michael, age 8, developed headaches and other signs of anxiety around visits to his father, who divorced his mother several years earlier. Family Educational Rights and Privacy Act (FERPA). $dM@2@B*fd| RH%? GY is similar to that of adults. RCW 70.02.240: Mental health servicesMinorsPermitted disclosures. Three points emerge. Clinical Takeaway: If you work in a public educational setting, do be prepared to provide parents with a written explanation of their procedural safeguards under IDEA. Written consent is required to disclose PHI under IDEA unless records in certain cases to the officials of participating agencies, in cases were FERPA allows disclosure, permissible disclosure to a child welfare agency, or if the information is de-identified. connection with mental health services. The issue of confidentiality became more complicated during Michael's junior year, when the therapist felt that certain information should be shared and Michael refused. endobj The mental health service agency or its employees are not civilly liable for the decision to disclose or not, so long as the decision was reached in good faith and without gross negligence; (11) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. When parents understand that confidentiality is key to effective treatment, they may be more willing to respect their childs need for privacy. Some states extend additional privacy protections to minors that go beyond HIPAA. Legally speaking, people under the age of 18 do not typically have a right to confidentiality in therapy. When a minor has their own attorney, this lawyer holds the privilege for the child's therapy, and they often work with me to help keep emotional safety a priority for the child's counseling. Diseases dangerous to the public health and sexually transmitted diseases. 2 0 obj They did not use protection. A parent who consents on the minor's behalf generally has the right to know the content of the child's treatment. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. We summarized state laws and regulations on minor consent for the following: health services, substance abuse treatment, prenatal care, mental health care, contraceptive management, immunizations, sexually transmitted infection management, human immunodeficiency viruses testing and treatment, dental care, and sexual assault evaluation. Laws authorizing minors to consent and laws protecting confidentiality are closely linked but they do not always match each other. c. 123, 10; 104 CMR 27.06(1); 110 CMR 11.16(2). A complicated web of federal and state laws, professional ethics, and statutory interpretations by various courts govern minors right to confidentiality in treatment. (2004). PDF Massachusetts Laws Regarding Adolescent Consent to Treatment and The disclosure must be made by the professional person in charge of the public or private agency or his or her designee and must include the dates of admission, discharge, authorized or unauthorized absence from the agency's facility, and only any other information that is pertinent to the threat or harassment. The Age of Consent for Mental Health Treatment by State | ICANotes For example, California gives minors the right to control their own health care information when they otherwise have the right to consent to care. All states require parental consent for most medical care provided to minors, with several exceptions. The specific ways the law protects confidentiality depend on whether a patient is a minor or an adult and whether the patient can legally consent to their own care. Information for patients with a mental health condition or substance use disorder, family and friends of these patients, and mental health professionals with a patient who may be a danger to themselves or others. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Or, a psychologist may conclude that sharing certain information would be helpful; if so, the ethical standards from the section on "Privacy and Confidentiality" give the psychologist permission to do so.

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