What are a minor’s legal rights in Virginia?
VIRGINIA MINORS’ LEGAL RIGHTS: RIGHT TO CONSENT TO TREATMENT; ACCESS TO & DISCLOSURE OF CONFIDENTIAL RECORDS OF OUTPATIENT TREATMENT 1 (1) Virginia Statute § 54.1-2969#N#. . . E . . . A minor shall also be deemed an adult for the purpose of accessing . . . 2 (2) Virginia State Agency Regulation 12VAC35-115-90 More ...
What are a minor’s rights to consent to treatment?
When a minor is allowed to consent to treatment, a conversation should occur in which the minor’s expectations regarding privacy are discussed. Typically, the right to consent to treatment goes hand-in-hand with the right to confidentiality.
Can a minor patient apply for alcohol or drug treatment in Virginia?
If a minor patient acting alone has the legal capacity under the applicable State law [as in Virginia] to apply for and obtain alcohol or drug abuse treatment, any written consent for disclosure authorized under subpart C [“Disclosures With Patient Consent” ] of these regulations may be given only by the minor patient.
Can a court deny parental access to a minor in Virginia?
The minor and/or parents have the right to have denial of their access reviewed (see HIPAA at §§B164.524 (a) (4) and Virginia §32.1-127.1:03 (F). Further, under Virginia statute §20-124.6, a court can deny parental access if it finds “good cause.”
Can a minor consent to medical treatment in Virginia?
Minors who consent to their own treatment (as authorized under §54.1-2969) have the legal right to give, or refuse to give, consent for disclosures to others, both under that statute and under the Virginia Health Records Privacy Statute ( § 32.1-127.1:03 ) and under HIPAA.
Can a minor consent to mental health treatment in Virginia?
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.
What is the age of consent for medical treatment in Virginia?
14 years of ageHowever, 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. 4. Medical or health services needed in the case of outpatient care, treatment or rehabilitation for mental illness or emotional disturbance.
Can a 13 year old consent to 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 What Cases Will I Need a Parent's Permission to Go to Therapy? In many states, if you are under the age of 18, you will need a parent's permission to attend therapy. This is because in order to give any kind of treatment—medical or psychological—a patient's consent must first be obtained.
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 a minor be seen by a doctor without a parent in Virginia?
A minor may access his services record without the permission of a parent only if the records pertain to treatment for sexually transmitted or contagious diseases, family planning or pregnancy, outpatient care, treatment or rehabilitation for substance use disorders, mental illness or emotional disturbance, or ...
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.
Does Virginia have informed consent?
If the person is incapable of making an informed decision as defined in § 54.1-2982 of the Code of Virginia, at the time consent is required, written consent shall be provided by the person's legally authorized representative and witnessed.
Can a 5 year old give consent for medical treatment?
Comments: A child-parent of sufficient maturity may consent to medical or surgical treatment on her child's behalf. Conditions that have to be met: If the consent is for surgical treatment, the assent of the parent or guardian of the child-parent's should also be obtained.
Does the MHA 2007 replace the MHA 1983?
It amends, rather than replaces, the 1983 Act. The Mental Health Act 2007 applies to England and Wales (as does the Mental Health Act 1983).
Can under 16 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.
What is the authority to consent to surgical and medical treatment of certain minors?
A. Whenever any minor who has been separated from the custody of his parent or guardian is in need of surgical or medical treatment, authority commensurate with that of a parent in like cases is conferred , for the purpose of giving consent to such surgical or medical ...
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 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 ...
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 ...
Is a minor considered an adult in Virginia?
Under Virginia law, a minor is “deemed an adult for the purpose of consenting to . . . medical or health services needed in the case of outpatient care, treatment or rehabilitation for mental illness or emotional disturbance;” and the minor is “al so deemed an adult for the purposes of accessing or authorizing disclosure” of those records.
Can a parent be denied access to a minor's medical records in Virginia?
However, according to paragraph K of that Virginia statute ( §54.1-2969 ), as well as a separate Virginia statute (see §20-124.6 ), the parents, regardless of custody, may not be denied access to the health records of their minor child.
Is a minor considered a patient under HIPAA?
Therefore, under HIPAA, a Virginia minor who enters mental health treatment under his/her own authority and by giving his/her own consent is considered to be “the patient,” retaining all the rights afforded to adult patients. [See footnote #2.] 3.
Can a minor refuse to give consent to their own treatment?
Minors who consent to their own treatment (as authorized under §54.1-2969) have the legal right to give, or refuse to give, consent for disclosures to others, both under that statute and under the Virginia Health Records Privacy Statute ( § 32.1-127.1:03 ) and under HIPAA. 4.
Who shall interview a minor?
As far in advance as practicable after an attorney is appointed to represent a minor under this article, the minor's attorney shall interview the minor; the minor's parent, if available; the petitioner; and the qualified evaluator. He shall interview all other material witnesses, and examine all relevant diagnostic and other reports.
How long does a juvenile outpatient treatment order last?
A. At any time within 30 days prior to the expiration of a mandatory outpatient treatment order, the community services board that is required to monitor the minor's compliance with the order may file with the juvenile and domestic relations district court for the jurisdiction in which the minor resides a motion for review to continue the order for a period not to exceed 90 days.
How long can a minor stay in a hospital?
A. A minor 14 years of age or older who (i) objects to admission or (ii) is incapable of making an informed decision may be admitted to a willing facility for up to 120 hours, pending the review required by subsections B and C, upon the application of a parent. If admission is sought to a state hospital, the community services board serving the area in which the minor resides shall provide the preadmission screening report required by subsection B of § 16.1-338 and shall ensure that the necessary written findings, except the minor's consent, have been made before approving the admission.
How many hours a day does a juvenile court judge have to be available?
The chief judge of every juvenile and domestic relations district court shall establish and require that a judge be available seven days a week, 24 hours a day, for the purpose of performing the duties established by this article. Such judge shall have the authority to perform the duties established by this article.