Parents are responsible for providing all necessary facilities and services for their children, including health care. With a few exceptions, minors may not allow medical treatment for themselves without the permission of a guardian.
When a parent or guardian does not want a child to take certain treatment
If a parent or guardian is refusing to provide specific suggested medical treatment, a third party may petition the court to order the treatment against them.
When a minor can receive treatment without authorization
Outpatient mental health treatment:
A psychiatrist or a psychologist may provide outpatient mental health treatment for a minor without the consent of a parent or guardian under the following situations:
- the minor would otherwise refuse treatment,
- treatment is clinically focused,
- failure to provide treatment would be extremely detrimental
- the minor has significantly and willingly sought the treatment, and
- in the view of the provider, the minor is mature enough to participate in treatment efficiently.
What if a minor, who is getting services for mental health or developmental disability, wishes to share data?
Limited information can be shared if the connection with a parent who is directly involved with care is verified by the minor’s medical doctor.
An adult child who is answerable for providing treatment to the individual, and is needed to:
• Assist in the establishment of care or monitoring of treatment.
• The request for treatment accounts must be in writing, by the requester.
Unless the subject individual has been adjudicated to be incompetent by the state, the person verifying the involvement must inform the individual about the release of his or her treatment results. Treatment records unconfined are limited to the following:
• A summary of the individual’s diagnosis and prognosis.
• A list of the medication, the individual has received
• A report of the individual’s treatment plan.
Minor’s Medical Records
Consent of a minor’s parent or guardian is compulsory preceding the disclosure of healthcare information about the minor.
In those conditions where a minor authorizes the treatment without parental consent, then only the minor can consent to the release of the information. The treatments may include mental health and substance abuse treatment, short term mental treatment, or horizon mental health treatment.
A minor child, 12 to 17 years old, may request evaluation for outpatient or inpatient mental health or Substance abuse treatment without parental consent. If the facility approves the need for outpatient mental health or substance use disorder treatment, the child may be accessible for services. An inpatient admission shall occur only if the specialized person in charge of the facility agrees with the need for inpatient treatment. For a child under the age of 14, either parental consent or consent from an agreed guardian is required for inpatient treatment.
Involuntary Treatment for minor Patient
A minor 14 years or older who presents serious risk of harm to themselves, or others, or is disabled and may need immediate inpatient mental health may be treated without the patient’s consent. Substance abuse inpatient treatment and the minor refuses to consent to voluntary admission. The minor was held for up to 11 hours to permit a Designated Crisis Responder to evaluate the minor for possible forced recruitment. If no voluntary or less preventive treatment alternatives are available, and the DCR determines that the minor presents serious harm or is disabled, as a result of mental health or the minor be held at a facility. A minor may only be subject to involuntary commitment for horizon mental health treatment if a secure facility or appropriate treatment program is available and has suitable space for the minor. If the minor is already admitted to an inpatient mental health or mental health treatment center, mental health, and medical staff within 23 hours to regulate whether to pursue involuntary commitment court or not.
Consent of a minor’s parent or guardian is essential for preceding the disclosure of health care information about the minor.
In those conditions when a minor legally authorizes the treatment without parental consent then only the minor can consent to the release of the information. A minor may only be subject to forced commitment for horizon mental health treatment if a secure facility or appropriate treatment program is available and has suitable space for the minor.