Florida Statutes prescribe a list of individuals (in priority order) who can consent to non-surgical “ordinary medical care and treatment.”8 If a parent is not available, then the physician can first look to a step-parent, then a grandparent, adult sibling, or adult aunt or uncle.9 If the child is in the custody of the Department of Children and Families or the Department of Juvenile Justice, then the caseworker, probation office or the administrator of the state residential facility where the individual resides can consent to medical treatment when the parent or guardian cannot be reached.10 Although the minor may be residing with relatives or a foster family, these individuals do not have the capacity to consent to either surgical procedures or general anesthesia because it is not considered ordinary medical care.
Full Answer
Does Florida have shared parental responsibility for mental health treatment?
In 2016, Florida law changed to mandate, in parenting plans designating shared parental responsibility, that either parent retains consent to their child’s mental health treatment. See Section 61.13 (2) (b)3., Florida Statutes, amended by Laws of Florida 2016-241 .
Can a minor seek outpatient mental health treatment without parental consent?
It can apply as described when parents seek outpatient mental health evaluation or treatment for their minor child. However, in Virginia, minors also have the right to seek outpatient mental health treatment on their own, without parental consent, and “shall be deemed an adult” for the purposes of consenting to receive those services.
Can a parent use consent for mental health treatment in Florida?
The Florida House Civil Justice Subcommittee described parents using consent to a child’s mental health treatment as leverage: Obtaining the consent of both parents often involves navigating emotionally-charged and history-laden territory.
How do you get parental consent for a mental health evaluation?
o Get consent from both parents in writing. o The individual can petition a court for an order prohibiting the evaluation and/or treatment because it is not in the child’s best interest. Ethics texts recommend making it a rule to involve both parents whenever mental health services are being provided to a child.
Do both parents have to consent for therapy in FL?
No Florida statute requires that a health care provider obtain consent from both parents or from more than one among multiple people who are authorized to give consent for medical care of a minor.
Can my ex take my child to a therapist without my consent in Florida?
Can Therapists in Florida Treat A Minor Without Both Parents' Permission? In intact families, the rule is generally that either parent can consent to the child's treatment. However, often, a counselor or therapist may prefer to obtain the other parent's consent, too.
Can a doctor treat a child without parental consent?
By law, healthcare professionals only need 1 person with parental responsibility to give consent for them to provide treatment. In cases where 1 parent disagrees with the treatment, doctors are often unwilling to go against their wishes and will try to gain agreement.
When can a minor consent to medical treatment in Florida?
An unwed pregnant minor can consent to any medical care provided by her physician so long as it is related to her pregnancy. 26 She can also consent to any medical services for her child provided by a physician.
What is poor co parenting?
Bad-mouthing the other parent in front of your child or in their hearing. Directing negative non-verbal communication at the other parent in front of your child. Exposing your child to conflict between you and their other parent, whether in-person or on the phone.
Can I take my child to counseling without permission from other parent in PA?
Consenting to Treatment When separated or divorced, the state of Pennsylvania requires consent of both parents (or guardians) for children under the age of 14 to participate in psychotherapy, unless there is a legal document giving one caregiver sole custody of the child.
Can doctors override parents?
According to McDougall and Notini, physicians have no authority to override a parent; they can only ask the state to do so.
Do both parents need to give consent?
If a child lacks the capacity to consent and consent from someone with parental responsibility is required, only one individual needs to be approached. However, it is good practice to involve all those close to the child if possible.
How does a father lose parental responsibility?
Parental responsibility can only be terminated by the Court and this usually only happens if a child is adopted or the Court discharges an Order that resulted in parental responsibility being acquired.
Can a 15 year old refuse medical treatment in Florida?
Any minor 16 years of age or over, where no parent or guardian is immediately available, may give consent to hospital, medical or surgical treatment or procedures.
Does Hipaa apply to minors in Florida?
Generally, HIPAA offers no protection to minors and requires healthcare providers to release a minor patient's medical records to the child's parent or guardian upon request.
Does Florida have the mature minor doctrine?
Florida has not defined “mature” criteria and has not ruled that a mature minor can independently obtain health care.
History of Retained Consent to Mental Health Treatment in Florida
How did this change in Florida parenting plan law come about? The Florida Legislature intended the amended language would help parents sharing responsibility for decision making after divorce or separation.
The Opportunity to Avoid Future Disputes About Mental Health Treatment Consent to Which Each Parent Retains
In shared parenting, each parent retains consent to the child’s mental health treatment. That can lead to problems when the parents disagree, however.
What are the rules for mental health?
The treatment covered by these rules include: 1 Outpatient mental health evaluative and diagnostic services provided by licensed mental health professionals. These services can determine how severe the problem is. They will also determine whether the minor is likely to cause harm to himself or herself or others without treatment. 2 Outpatient therapy, counseling, or crisis intervention services. These include group therapy, psychotherapy, counseling, and other verbal therapy types supplied by licensed mental health professionals.
What is outpatient therapy?
They will also determine whether the minor is likely to cause harm to himself or herself or others without treatment. Outpatient therapy, counseling, or crisis intervention services. These include group therapy, psychotherapy, counseling, and other verbal therapy types supplied by licensed mental health professionals.
How many visits can a 13 year old have?
This will only apply for a maximum of two visits in a single week. After this period has elapsed, the child will require parental consent for any further treatment.
What happens when you have joint custody?
When parents have joint legal custody, they will typically have rights and responsibilities to make health-related decisions. This means that, in general, either parent can consent to or authorize treatment for his or her child. This applies unless a court order has specified otherwise.
What are the problems of getting both parents consent?
Often, it involves the navigation of history-laden and emotionally charged territory.
Can you give parental consent to a minor in Miami?
At present, though, adoption lawyers in Miami, FL, face a complex situation. Technically, either parent can give parental consent for minors to receive therapy when there’s joint custody.
Can a parent consent to a child's treatment?
In intact families, the rule is generally that either parent can consent to the child’s treatment. However, often, a counselor or therapist may prefer to obtain the other parent’s consent, too. Alternatively, he or she may wish to let the child’s other parent know about the treatment.
What is Florida's mental health law?
Florida law treats consent to “mental health treatment” for a child differently from other major decisions responsibility for which parents share. In 2016, Florida law changed to mandate provisions in parenting plans. – Section 61.13 (2) (b)3., Florida Statutes, amended by Laws of Florida 2016-241, requires designating shared parental ...
Why did the court hold that moms taking their children to therapy without first consulting dad didn't support modifying the
The Court held mom’s taking the child to therapy without first consulting dad didn’t support modifying the parenting plan, because the facts supported no finding of a “substantial, material, and unanticipated change in circumstances” occurred.
What is sole legal custody?
SOLE LEGAL CUSTODY: The parent with sole legal custody has the right to seek mental health evaluation. and/or treatment of child without consent from the non-custodial parent. JOINT LEGAL CUSTODY: When parents have joint legal custody, ask to see the actual court-ordered custody agreement to determine whether the other parent must be notified ...
Can a minor get mental health treatment in Virginia?
However, in Virginia, minors also have the right to seek outpatient mental health treatment on their own, without parental consent, and “shall be deemed an adult” for the purposes of consenting to receive those services. [See Virginia Code §54.1-2969 .]
Do you have to involve both parents in mental health?
Ethics texts recommend making it a rule to involve both parents whenever mental health services are being provided to a child. Even if one parent lives far away, it is possible to obtain written consent and gather information from that parent by phone.