A minor younger than 14 years of age may be admitted to a willing mental health facility for inpatient treatment upon application and with the consent of a parent. A minor 14 years of age or older may be admitted to a willing mental health facility for inpatient treatment upon the joint application and consent of the minor and the minor's parent.
Full Answer
Where can I find information on hospitalization of minors in West Virginia?
Additional information on hospitalization of minors can be found in the West Virginia Code Chapter 27-4-1, Authority to Receive Voluntary Patients. The West Virginia Code is available at the State Law Library at the State Capitol in Charleston, East Wing, Third Floor, or online at the West Virginia Legislature website, under the tab “WV Code."
When to file for involuntary hospitalization of a minor?
1. If the child is 14 years of age or older, the admitting facility must determine if the minor consents or objects to admission. If the minor objects, the facility either discharges the minor within ninety-six hours or may have, where appropriate, its chief medical officer file for involuntary hospitalization of the minor.
Do minors have a legal right to informed consent for STD services?
CDC assessed the statutes and regulations (laws) addressing a minor’s legal right to provide informed consent to receive STD and/or HIV services without the consent, knowledge, or involvement of a parent or guardian, in each of the 50 states and the District of Columbia (jurisdictions).
Can a 16 year old get emancipated in WV?
In West Virginia, a minor who is between 16 and 18 years old may file a Petition for Emancipation. The minor must be a resident of West Virginia. A minor over the age of 16 who gets married is automatically emancipated and does not need to file a Petition.
When can children 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 minors go to therapy without parental consent in Virginia?
A. A minor younger than 14 years of age may be admitted to a willing mental health facility for inpatient treatment upon application and with the consent of a parent.
At what age can a minor consent to treatment in Virginia?
14Mature Minors – In some states, minors over the age of 14 or 15 years old may be considered a “mature minor” and given the right to consent to medical care or treatment. However, Virginia has not, to date, recognized mature minors as being legally empowered to consent to medical care or treatment.
Can a 16 year old go to the doctor alone in Virginia?
Any person age of 16 or over or married may consent to routine emergency medical or surgical care. Persons under eighteen (18) years of age may give legal consent for testing, examination, and/or treatment for any reportable communicable disease.
Can you go to a therapist without your parents knowing?
Therapists are usually very good at respecting your privacy. But there are some exceptions: doctors and therapists are mandated reporters, which means they are required by law to tell someone if you talk about child abuse or plans to commit suicide or harm someone else.
Can 16 and 17 year olds 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 15 year old get an abortion without parental consent?
Background. The majority of states require parental involvement in a minor's decision to have an abortion. Most of these states require the consent or notification of only one parent, usually 24 or 48 hours before the procedure, but a handful of states require the involvement of both parents.
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.
How do you obtain informed consent from an incompetent patient or a minor?
Patients who are medically incompetent may not give a valid consent. The EMS provider should attempt to ascertain whether the patient has a representative such as a guardian, agent under the Health Care Powers of Attorney Act, or surrogate under the Health Care Surrogate Act.
What is minor consent?
Minor consent laws allow young people aged 12 and over to consent to certain services without parent or guardian involvement. Minors may consent to certain services related to sexual and reproductive health, mental health, and drug and alcohol treatment.
At what age can you go to the doctor by yourself?
If you are 16 or older, in some circumstances you can consent to surgical, medical or dental treatment without needing a parent's consent. If you are under 16, a parent's consent is needed, and there is not much the doctor can do if they refuse to provide it.
Can a 14 year old go to the doctors alone?
Yes. There is no reason why you can't ask to see the doctor by yourself. They might want to find out why and might encourage you to tell your parent or carer.
How old do you have to be to give consent to a minor?
However, in the case of a minor 14 years of age or older who is physically capable of giving consent, such consent shall be obtained first. E. A minor shall be deemed an adult for the purpose of consenting to: 1.
What is the law regarding medical treatment for minors?
Whenever delay in providing medical or surgical treatment to a minor may adversely affect such minor's recovery and no person authorized in this section to consent to such treatment for such minor is available within a reasonable time under the circumstances, no liability shall be imposed upon qualified emergency medical services personnel as defined in § 32.1-111.1 at the scene of an accident, fire or other emergency, a licensed health professional, or a licensed hospital by reason of lack of consent to such medical or surgical treatment. However, in the case of a minor 14 years of age or older who is physically capable of giving consent, such consent shall be obtained first.
What is a minor in custody?
1. Upon judges with respect to minors whose custody is within the control of their respective courts. 2. Upon local directors of social services or their designees with respect to (i) minors who are committed to the care and custody of the local board by courts of competent jurisdiction, (ii) minors who are taken into custody pursuant ...
How old do you have to be to donate blood?
Any minor 16 years of age or older may, with the consent of a parent or legal guardian, consent to donate blood and may donate blood if such minor meets donor eligibility requirements.
When consent of parent or guardian of minor is unobtainable?
Whenever the consent of the parent or guardian of any minor who is in need of surgical or medical treatment is unobtainable because such parent or guardian is not a resident of the Commonwealth or his whereabouts is unknown or he cannot be consulted with promptness reasonable under the circumstances, authority commensurate with that of a parent in like cases is conferred, for the purpose of giving consent to such surgical or medical treatment, upon judges of juvenile and domestic relations district courts.
Who is responsible for a minor's medical treatment?
I. Any judge, local director of social services, Director of the Department of Corrections, Director of the Department of Juvenile Justice, or principal executive officer of any state or other institution or agency who consents to surgical or medical treatment of a minor in accordance with this section shall make a reasonable effort to notify the minor's parent or guardian of such action as soon as practicable.
Is a pregnant minor considered an adult?
Except for the purposes of sexual sterilization, any minor who is or has been married shall be deemed an adult for the purpose of giving consent to surgical and medical treatment. G. A pregnant minor shall be deemed an adult for the sole purpose of giving consent for herself and her child to surgical and medical treatment relating to ...
What is access by minor in Virginia?
A. Access by Minor :#N#(1) Virginia Statute § 54.1-2969#N#. . . E . . . A minor shall also be deemed an adult for the purpose of accessing . . . medical records related to subdivisions 1 through 4 [above]
Can a program refuse to provide treatment?
These regulations do not prohibit a program from refusing to provide treatment until the minor patient consents to the disclosure necessary to obtain reimbursement, but refusal to provide treatment may be prohibited under a State or local law requiring the program to furnish the service irrespective of ability to pay.
Can a parent be denied access to a minor child's medical records?
A. Notwithstanding any other provision of law, neither parent, regardless of whether such parent has custo dy, shall be denied access to the academic or health records of that parent’s minor child unless otherwise ordered by the court for good cause shown or pursuant to subsection B. B.
How to give informed consent to a medical trial?
Before you can give your informed consent to a medical treatment or trial, you must obtain all of the relevant information from the presiding physician or surgeon. Your doctor must list all of the known pros and cons of the treatment, as well as what may happen if you choose not to get the treatment. Your doctor must also list treatment alternatives, if available, including homeopathic medicine. Finally, your doctor must give you all of the possible health and safety risks associated with the treatment. Only after receiving all of this information, as well as answers to any questions you may have, are you able to give your informed consent as a patient.
What is the right to give consent to a medical condition?
When you have a health condition, you have the legal right as a patient to give or withhold your consent to undergo treatment. It is your right to carefully weigh all of the treatment options available with a physician before making your decision. If a doctor fails to provide all the information necessary for you to make an educated ...
What Is Informed Consent?
Informed consent is not a simple “yes” answer when a patient is asked if he or she wishes to undergo a type of treatment. The decision must be an educated and informed one, meaning the patient must have all the critical information about the treatment before agreeing. As a patient in West Virginia, you have a legal right to refuse treatment or a surgery you do not wish to receive, even if refusing the treatment results in your death. As long as the law considers you mentally competent, the treatments you receive or do not receive are up to you. You retain the legal right to give or withhold your informed consent.
What is the problem with not receiving informed consent?
The Problem With Failing to Obtain a Patient’s Informed Consent. It is an encroachment of your rights as a patient to not receive all the information you need to give your informed consent to a surgery or treatment. Proceeding with the treatment without giving you all of the necessary information is a violation of your rights.
Can a doctor proceed with treatment without your consent?
This is the only situation in which a physician can proceed with treatment without your direct consent . The law assumes that any reasonable patient would approve procedures necessary to prevent a permanent disability or death in an emergency. Failing to obtain a patient’s informed consent is unfair for the patient.
Can you refuse treatment in West Virginia?
As a patient in West Virginia, you have a legal right to refuse treatment or a surgery you do not wish to receive, even if refusing the treatment results in your death. As long as the law considers you mentally competent, the treatments you receive or do not receive are up to you. You retain the legal right to give or withhold your informed consent.
How old do you have to be to consent to a minor's health care?
A minor may consent to the minor’s own health care if the minor is: (i) At least 14 years of age; (ii) Not dependent on a parent for support; (iii) Living apart from the minor’s parents or from an individual in loco parentis; and. (iv) Managing the minor’s own affairs. KANSAS. Kan. Stat. § 38-123b.
Who can give consent to a minor?
Consent to the performance upon or for any minor by any licensed medical, surgical, dental, psychological or osteopathic practitioner or any nurse practitioner/clinical nurse specialist or any hospital or public clinic or their agents or employees of any lawful medical treatment, and to the furnishing of hospitalization and other reasonably necessary care in connection therewith, may be given by:
What is the law in North Dakota for unaccompanied minors?
SB 2265 (2021) An unaccompanied homeless minor 14 years of age or older may consent to, contract for, and receive medical, dental, or behavioral health examinations, care, or treatment without permission, authority, or consent of a parent or guardian.
How old do you have to be to give consent to a hospital?
Notwithstanding any other provision of law, a minor fourteen (14) years of age or older who may have come into contact with any infectious, contagious, or communicable disease may give consent to the furnishing of hospital, medical and surgical care related to the diagnosis or treatment of such disease, if the disease or condition is one which is required by law, or regulation adopted pursuant to law, to be reported to the local health officer. Such consent shall not be subject to disaffirmance because of minority. The consent of the parent, parents, or legal guardian of such minor shall not be necessary to authorize hospital, medical and surgical care related to such disease and such parent, parents, or legal guardian shall not be liable for payment for any care rendered pursuant to this section.
What age can you give consent to abortion?
A minor 12 years of age or over who professes to be either pregnant or afflicted with contagious, infectious or communicable diseases within the meaning of Chapters 5 and 7 of Title 16, or who professes to be exposed to the chance of becoming pregnant, may give written consent, except to abortion, to any licensed physician, hospital or public clinic for any diagnostic, preventive, lawful therapeutic procedures, medical or surgical care and treatment, including X rays, by any physician licensed for the practice of medicine or surgery or osteopathic medicine or surgery in this State and by any hospital or public clinic, their qualified employees or agents while acting within the scope of their employment.
How old do you have to be to get medical care in Alaska?
Any minor who is 14 years of age or older, or has graduated from high school, or is married, or having been married is divorced or is pregnant may give effective consent to any legally authorized medical, dental, health or mental health services for himself or herself, and the consent of no other person shall be necessary. ALASKA.
What age can a minor get a shot?
A minor age 11 or older may consent to receive a vaccine where the vaccination is recommended by the United States Advisory Committee on Immunization Practices. The law also establishes that if a minor is able to comprehend the need for, the nature of, and any significant risks inherent in the medical care then informed consent is established.
What is the law that allows a minor to give consent to HIV testing?
Laws that explicitly allow a minor to give informed consent to HIV testing, treatment, and/or prophylaxis, including pre-exposure prophylaxis (PrEP), or. Laws that allow a minor to give informed consent to general health care, services, or procedures. As of 2020, all jurisdictions have laws that explicitly allow a minor of a particular age ...
Is there an age requirement for minors to access the military?
If no age is listed, then there is no minimum age requirement for minors to access service.
Can a minor give consent to HIV treatment?
Jurisdictions have different types of laws, and the age at which the minor has the legal right to provide informed consent to receive STD or HIV services varies by jurisdiction: Laws that explicitly allow a minor to give informed consent to receive STD diagnosis and treatment, and/or prevention. Laws that explicitly allow a minor ...
How old do you have to be to get medical information?
G. Any minor 14 years of age or older who joins in an application and consents to admission pursuant to subsection A, shall, in addition to his parent, have the right to access his health information. The concurrent authorization of both the parent and the minor shall be required to disclose such minor's health information.
How old do you have to be to be admitted to a mental health facility?
A minor younger than 14 years of age may be admitted to a willing mental health facility for inpatient treatment upon application and with the consent of a parent. A minor 14 years of age or older may be admitted to a willing mental health facility for inpatient treatment upon the joint application and consent of the minor and the minor's parent.
When does the 48 hour time period expire?
If the 48-hour time period expires on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the 48 hours shall extend to the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.
What is considered a minor mental illness?
1. The minor appears to have a mental illness serious enough to warrant inpatient treatment and is reasonably likely to benefit from the treatment ; and. 2. The minor has been provided with a clinically appropriate explanation of the nature and purpose of the treatment; and. 3.
What is the responsibility of a minor?
But the minor will also be responsible for living up to those agreements. The minor will have the responsibility of getting a place to live. But the minor will also be responsible for the rent and costs.
How does the judge decide if a minor is ready to be emancipated?
The judge will weigh all of the evidence presented to determine if there is “good cause” to show that the minor should be emancipated. Generally, the judge will look at important things like:
What does it mean when a minor is emancipated?
Generally, a minor who is emancipated is considered an adult and will be responsible for making decisions that parents or guardians typically make.
What can a minor do?
The minor can manage his or her own financial affairs (show proof of employment or other means of support); The minor can manage his or her own physical well-being (show proof of a place to live); and. The minor can make decisions for himself or herself.
Are there rights that an emancipated minor does not have?
An emancipated minor does not have the right to vote, purchase alcohol or do many other things that the law limits to older people for health and safety reasons.