Do US state laws favor mental health over drug abuse treatment?
This study examined US state laws regarding parental and adolescent decision-making for substance use and mental health inpatient and outpatient treatment. State statues for requiring parental consent favored mental health over drug abuse treatment and inpatient over outpatient modalities.
Do minors have to consent to mental health treatment?
In 2 states (RI, SD), both parents and minors needed to consent for mental health treatment while either the parent or minor could consent to drug treatment. In one state (WV), minor consent was sufficient for drug abuse treatment, while both parents and minors had to consent to mental health treatment.
What state has no specific laws for minors?
Minor (≥ 14) Alaska No Specific Law No Specific Law No Specific Law No Specific Law Arizona Either (≥12) Either (≥12) Parent Parent Arkansas No Specific Law No Specific Law No Specific Law No Specific Law California Either (≥12) Either (≥12) Minor (≥12) Minor (≥ 12) Colorado Minor Minor Minor (≥15) Minor (≥ 15) Connecticut Either Either
Which states are consistent in consent requirements for inpatient drug treatment?
Only 18 states (35%) were consistent in consent requirements across treatment type and modality (i.e., inpatient drug, outpatient drug, inpatient mental health, outpatient mental health). In three of the 18 states (AK, AR, WY), the consistency was represented by no specific laws for any of the four categories of treatment.
Can a minor refuse mental health treatment in Florida?
The minor can't be treated unless, after full disclosure, the child's legal guardian (parent or court appointed guardian) provides consent.
Can a minor refuse mental health treatment in California?
Health & Safety Code § 124260 “[A] minor who is 12 years of age or older may consent to [outpatient] mental health treatment or counseling services if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in the mental health treatment or counseling services.” ( ...
Can a minor refuse mental health treatment in NY?
An individual who is legally a minor cannot give effective legal/informed consent to treatment and therefore, conversely, cannot legally refuse treatment.
How old does a minor have to be in order to consent to outpatient mental health care treatment in Washington?
13 years old or olderAccording to Washington law, a minor who is 13 years old or older may initiate an evaluation and treatment for outpatient and/or inpatient mental health services, substance use disorder (SUD) treatment, or withdrawal management without parental consent.
Can 16 year old refuse medical treatment?
Depending on the circumstances it can be obtained from the minor, their legal Guardian or the court. Minors (u 18) cannot give a legally valid consent to treatment, subject to the following exceptions: 16/17 year olds are assumed competent to consent to medical treatment. (Family Law Reform Act 1969, s.
Can a 12 year old give consent to medical treatment?
Children under the age of 16 can consent to their own treatment if they're believed to have enough intelligence, competence and understanding to fully appreciate what's involved in their treatment. This is known as being Gillick competent. Otherwise, someone with parental responsibility can consent for them.
Can my parents legally force me to go to therapy?
The same is true when it comes to outpatient therapy. Your mom, dad, or caregiver cannot schedule an appointment on your behalf. You don't have to go to therapy if you don't want to. Even if you end up going to a therapist, they cannot call the therapist and discuss your issues without your consent.
What states have the mature minor doctrine?
It is a relatively new legal concept, and as of 2002 only a few states such as Arkansas and Nevada have enacted the doctrine into statute. In several other states, including Pennsylvania, Tennessee, Illinois, Maine and Massachusetts, state high courts have adopted the doctrine as law.
Can minors go to therapy without parental consent New York?
Deb Hirschhorn, PhD: According to a document produced in 2004 by the New York Civil Liberties Union, minors can obtain therapy without parental permission provided they have the ability to understand the “nature and consequences of a proposed treatment, including its risks, benefits and alternatives, and to reach an ...
Can a minor refuse mental health treatment in NJ?
Minors may also consent for certain preventative care, like contraception, pregnancy, STD treatment, drug and alcohol treatment, mental health services, and sexual assault treatment. In general, however, parents or guardians provide informed consent for medical care to those under the age of 18.
Can a minor consent to medical treatment in California?
In California, a minor is defined as a person under the age of 18 years. Generally, minors may not consent for medical diagnosis or treatment.
Can a minor refuse mental health treatment Washington State?
Consent of the minor is not required for either an outpatient or inpatient mental health or substance use disorder evaluation. If it is determined by the professional person that the minor has a mental health or substance use disorder, and is in need of outpatient services, services can be offered to the child.
How many ACEs are there in Baltimore?
According to Behavioral Health Systems Baltimore, 42% of adults in the city of Baltimore have experienced at least three Adverse Childhood Experiences (ACEs), which are potentially traumatic episodes that people experience as minors that lead to a buildup of toxic stress.
What is a warm hand off?
If a behavioral health issue is identified , pediatricians will do what she described as a “warm hand-off” to her or the practice’s other psychologist to address the underlying problem, which often allows for early intervention. “Patients really appreciate the ease” of having someone there, Winkles said.
Why is it important for children to grow up constantly facing adverse experiences?
If children grow up constantly facing adverse experiences, their bodies are hyper-vigilant for any adversity lurking around the corner. “When that happens, the body is constantly under a stress response, and that stress response can be damaging to growing and developing brain and body architecture,” Jones said.
What services can adolescents access without parental consent?
Advocates, however, said there are already a handful of services that adolescents can access without parental consent, including emergency medical care; treatment for alcohol or substance abuse, sexually transmitted disease, pregnancy, contraception; and physical examinations to treat injuries and gather evidence relating to sexual assault.
What was the chief concern of Republican opponents to the bill in the General Assembly?
A chief concern of Republican opponents to the bill in the General Assembly was the notion that parents will be uninformed about their child’s care and what they may be going through.
When will Maryland allow mental health care for 12 year olds?
June 14, 2021. A new law in Maryland will allow minors as young as 12-years-old to seek mental and emotional healthcare without their parent or guardians’ consent. Getty Images. Following contentious debate during the 2021 legislative session, Gov. Lawrence J. Hogan Jr. (R) has allowed a bill to let minors as young as 12-years-old ...
Can a 12 year old refuse mental health care?
Augustine’s bill establishes that minors aged 12 to 16 can consent to mental and emotional health care consultations and be diagnosed and treated without permission from their parents if a health care provider determines that they are mature and capable enough to give informed consent. The legislation does not allow minors to refuse mental health ...
What grades are mental health in Virginia?
In Virginia, the law directs the state Board of Education to update its Standards of Learning to include mental health material for ninth and tenth grades.
What are the skills that students develop through SEL?
Students develop skills in areas such as problem solving, critical thinking, managing emotions, and making decisions . The foundational lessons kids get through SEL have been shown to lead to better academic performance, self-esteem, employability, and engagement in society.
What are some ways to be a healthier person?
Embracing positive lifestyle choices – adequate sleep, balanced diet, daily exercise, coping strategies like mindfulness, and avoidance of harmful substances – contributes to a healthier whole person, an important lesson that bears repeating at various stages of development.
Is mental health important?
Learning about mental health doesn’t need to be learning about various disorders, though that can be valuable. Rather, it can cover practical aspects of self-management and interpersonal relationships that make acceptance of oneself and others easier.
Can a 10 year old take their own life?
With kids 10 years of age and even younger taking their own lives, suicide prevention can’t be a subject only for high school. Kids who have SEL under their belts are better able to recognize emerging issues and to talk with others, particularly trusted adults, about their concerns.
How does mental illness affect families?
Parental mental illness alone can cause strain on a family; parental mental illness combined with parental custody fears can cause even greater strain. Such strain, as well as the lack of specialized services for families in the child welfare system and the overall stigma associated with mental illness, makes it difficult for families to get the help they need. With the right services and supports though, many families can stay together and thrive. The following efforts by advocates can help families living with mental illness maintain custody and stay intact: 1 Help parents become educated about their rights and obtain legal assistance and information 2 Advocate for parents as services plans are developed and assist adult consumers to develop their own self-care plans and advance directives to strengthen their parenting skills and manage their own illness 3 Enable parent-child visitation during psychiatric hospitalization to maintain the bond between parent and child 4 Train child protective services workers to better understand parental mental illness 5 Educate the legal system about advances in the treatment of serious mental illness 6 Advocate for increased specialized services for parents with serious mental illnesses available through the court system
Why do states take custody of mental patients?
The major reason states take away custody from parents with mental illness is the severity of the illness, and the absence of other competent adults in the home. [2] . Although mental disability alone is insufficient to establish parental unfitness, some symptoms of mental illness, such as disorientation and adverse side effects from psychiatric ...
What is the percentage of parents with mental illness losing custody of their children?
Custody loss rates for parents with mental illness range as high as 70-80 percent , and a higher proportion of parents with serious mental illnesses lose custody of their children than parents without mental illness. Studies that have investigated this issue report that:
How can advocates help families living with mental illness?
The following efforts by advocates can help families living with mental illness maintain custody and stay intact: Advocate for parents as services plans are developed and assist adult consumers to develop their own self-care plans and advance directives to strengthen their parenting skills and manage their own illness.
What is the adoption and safe families act?
This legislation is the first substantive change in federal child welfare law since the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272.4 It is intended to achieve a balance of safety, well-being, and permanency for children in foster care. It requires that state child welfare agencies make "reasonable efforts" to prevent the unnecessary placement of children in foster care and to provide services necessary to reunify children in foster care with their families. ASFA establishes expedited timelines for determining whether children who enter foster care can be moved into permanent homes promptly—their own familial home, a relative's home, adoptive home, or other planned permanent living arrangement.
What is child welfare?
The child welfare system must provide these services according to an individualized plan that has been developed and agreed upon by all parties to ensure parents with mental illnesses are not discriminated against due to their illness.
What is the purpose of ASFA?
While ASFA is designed to protect children, it also includes provisions pertaining to parental rights. For example, under ASFA, parents have the right to receive supports and services to help them retain custody and keep their families intact.
Treatment for Children and Adolescents
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