Treatment FAQ

rights of a minor when seeking substance abuse treatment

by Mr. Ryan Gerhold Published 2 years ago Updated 2 years ago
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A minor may consent to confidential medical services and counseling related to substance abuse. Parental consent is not required for outpatient treatment. Disclosure of medical records regarding these services requires minor consent. Mental Health

Full Answer

Should minor consent be required for drug and mental health treatment?

DRUG AND ALCOHOL ABUSE TREATMENT* * This section does not authorize a minor to receive replacement narcotic abuse treatment . . . without the consent of the minor's parent or guardian. “A minor who is 12 years of age or older may consent to medical care and counseling relating to the diagnosis and treatment of a drug or alcohol

Can a minor apply for and obtain substance abuse treatment?

A minor who is 14 years or older may access outpatient mental health, drug or alcohol treatment (excluding methadone) without parental consent. These services may include: • Seeking help from a psychiatrist or psychologist; • Seeking mental health therapy from a doctor or social worker; and • Seeking help for drug or alcohol use.

What are the rights of individuals receiving Substance Abuse Services?

Two statutes give minors the right to consent to mental health treatment. If a minor meets the criteria under either statute, the minor may consent to his or her own treatment. If the minor meets the criteria under both, the provider may decide which statute to apply. There are differences between them. See endnote ** for more on these differences:

Can a minor patient apply for alcohol or drug treatment in Virginia?

The limitation was noted in the results for the following three restrictions: 1) minor consent was allowed for treatment, but parental notification of the minor’s admission was required; 2) minors consent for drug treatment was allowed but only for observation and diagnosis or for a specified period of time after which parental consent was required; and 3) minor or parent consent was …

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Can a 17 year old consent to mental health treatment in Texas?

Notes: For inpatient mental health treatment: A person age 16 or older, or a person younger than 16 who is or has been married, may give consent when requesting admission to an inpatient mental health facility by filing a request with the administrator of the facility. Texas Health and Safety Code § 572.001.

What are the 5 levels of care for substance abuse?

Levels of CareLevel 0.5: Early Intervention.Level I: Outpatient Services.Level II: Intensive Outpatient/Partial Hospitalization Services.Level III: Residential/Inpatient Services.Level IV: Medically Managed Intensive Inpatient Services.

Can minors consent to mental health treatment in Georgia?

According to this Statute, minors are not competent to consent to treatment by a mental health professional, and that parents must consent to treatment for their minor children who are under the age of 18. There are, however, several basic exceptions to this general rule.

Can minors consent to mental health treatment in Texas?

If you are under the age of 18, Texas State Law requires that we obtain permission from your parent or managing conservator/guardian in order to offer you counseling services/psychiatric treatment, unless any of the following circumstances apply (please check all that apply).

What are the 4 stages of substance abuse?

While there are many factors that contribute to drug and alcohol addiction, including genetic and environmental influences, socioeconomic status, and preexisting mental health conditions, most professionals within the field of addiction agree that there are four main stages of addiction: experimentation, regular use, ...

What are the three levels of addiction?

In the article, they describe three stages that a person goes through on the road to addiction: 1) binge and intoxication, 2) withdrawal and negative affect, and 3) preoccupation and anticipation (or craving).May 3, 2016

Can 16 and 17 year olds refuse medical treatment?

A young person aged 16-18 cannot refuse treatment if it has been agreed by a person with Parental Responsibility or the Court and it is in their best interests. Therefore, they do not have the same status as adults.May 24, 2021

Can a 15 year old consent to medical treatment?

People aged 16 or over are entitled to consent to their own treatment. This can only be overruled in exceptional circumstances. Like adults, young people (aged 16 or 17) are presumed to have sufficient capacity to decide on their own medical treatment, unless there's significant evidence to suggest otherwise.

When can a parent deny medical treatment to a minor child?

The medical community is in agreement about the appropriate course of treatment for the child. The expected outcome of that treatment is a relatively normal life with a reasonably good quality of life. The child would die without the treatment. The parent is refusing to grant consent for the treatment.Jan 29, 2021

Can minors give consent?

The law indicates who can consent to sex and who cannot. The law recognizes that children are developmentally not able to make decisions about some things, including when to engage in sexual behaviors. Laws vary by state, but a common age of consent is 16.

When can a minor consent to medical treatment Texas?

074; 153.132; Texas Occupations Code §159.005. MINORS CAN CONSENT TO TREATMENT BY A PHYSICIAN OR DENTIST WHEN THE MINOR IS: On active duty with armed services. 16 years old or older and residing apart from parents, managing conservator or guardian and managing his or her own financial affairs.

Do minors have confidentiality rights in Texas?

Young adults are entitled to the same confidentiality protections under state and federal laws as other adults. “Minor consent laws” allow minors to consent for their own care in specific situations and for specific services.

How to ensure confidentiality and privacy for minors?

Every day, health care providers are attempting to figure out: (1) which services a minor can obtain without parental consent; (2) when a parent can access a minor’s health information; and (3) when minor consent must be obtained before the provider can share the minor’s health information. State statutes, federal laws and regulations provide a complicated patchwork of requirements that often do not fit neatly together and may be challenging to interpret and implement.

Can minors make health decisions in Oregon?

Although many adults help minor children make health care decisions, there can be times when a minor child does not need or want this involvement. Below is a brief (not exhaustive) list of common services and their consenting requirements in Oregon.

Can minors report illnesses to other entities?

There may be times when a minor’s health information must be reported to other entities. Some health information must be shared with local health authorities, including cases of certain infections and communicable diseases (such as tuberculosis, West Nile virus or HIV/AIDS). This information is gathered in order to monitor disease patterns with the goal of preventing further infections or outbreaks. To find out more about Oregon physician reportable diseases and conditions, visit http://public.health.oregon.gov/diseasesconditions/

Can a 15 year old get dental care?

Minors who are 15 years or older are able to consent to medical and dental services without parental consent. This includes hospital care, as well as medical, dental, optometric and surgical diagnostic care. This would include services such as:

Does Oregon give minors the right to confidentiality?

Oregon law does not give minors a “right” to confidentiality or parents a “right” to disclosure. However, federal law may offer additional protections in some circumstances. When a minor self-consents for health care services, providers are encouraged to use their best clinical judgment in deciding whether to share information with the parent or guardian (ORS 109.650).*‡ However, most people, minors included, expect some level of confidentiality when receiving health care services.

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