Ann Tran-Lien, JD, is a staff attorney and the Managing Director of Legal Affairs at CAMFT. In minors consent-based treatment, if a therapist deems it appropriate to notify the minors parent(s) or guardian(s) about the minors treatment, the therapist would generally need the minor to sign a release of information to communicate further with the parent(s) or guardian(s). Practice Pointer 2: The Decision is Yours Determining Whether the Minor is Mature Enough to Intelligently Participate in the Treatment Microsoft PowerPoint 2013 http://www.eqca.org/site/pp.asp?c=kuLRJ9MRKrH&b=6177831, Advocate for Improved Mental Health Access and Equity, Benji tells his story in detail for Equality California, at, 2005 Massachusetts Youth Risk Behavior Survey, Massachusetts Department of Education, p. 50 (2006). The following describes changes effective immediately for the Minor Consent program and eligibility to outpatient mental health treatment and counseling services. Does the minor understand basic conceptsrelated to therapy (e.g. Sometimes a minors parent or guardian may agree to pay for the minor to receive treatment via minors consent. Brad J. Muldrow, JD, is a staff attorney for CAMFT. ): The law does not indicate which specific circumstances would render notification of a minors parent(s) or guardian(s) inappropriate. Therefore, as long as the therapist determines, in the exercise of their clinical judgment, that notifying one or both parents or guardians would be clinically inappropriate, the therapist would not be required to notify that party / those parties about the minors treatment. Effective August 12, 2021 CHA Manuals are available in ePub format onlyThe ePub includes a PDF and access to the CHA Manuals App for mobile use. CLAIM: A proposed California bill would allow school mental health professionals to remove minors from the custody of their parents or guardians who dont consent to the child receiving gender-affirming surgeries. In addition, the statement must specify that the minor meets both of the following: Minor is mature enough to participate intelligently in the mental health treatment or counseling, and is one of the following: For purposes of the Medi-Cal Minor Consent program, a mental health professional is a licensed marriage, family, and child counselor; licensed clinical social worker; licensed educational psychologist; credentialed school psychologist; clinical psychologist; licensed psychologist; or psychiatrist. (Current. The Therapist Tarasoff, harm to self, child abuse reporting). We provide the leadership, advocacy, training and tools that empower Californias hospitals and health systems to do their best work. would allow the therapist to effectively treat the minor. State law requires that the parents or guardians of a minor receiving outpatient mental health treatment or counseling, or services for drug or alcohol-related problems be contacted and encouraged to participate in the treatment. As this article will address in step 3, minors who are consenting to their own treatment typically have discretion to determine how much ongoing communication they would like for their therapist to have with their parents or guardians. The Minor Consent program provides that a minor may, without parental consent, receive services related to sexual assault, pregnancy and pregnancy-related services, family planning, sexually transmitted diseases, drug and alcohol abuse, and outpatient mental health treatment and counseling. Must a Business Associate comply with HIPAA? Parent is used synonymously with legal guardian or other person who has authority to make health care decisions for the minor patient. California law generally allows therapists to disclose paymentrelated information to parents, guardians, or other parties who agree to cover the cost of a patients treatment, without obtaining a signed release of information from the patient.8 However, CAMFT recommends that therapists still obtain signed releases of information prior to making payment-related disclosures to ensure that their patients are aware of, and explicitly agreeing to allow such communications. Minors requesting outpatient mental health treatment and counseling services must submit to the county welfare department a letter from a mental health professional which states that the minor needs mental health treatment or counseling and the estimated length of time treatment will be needed. This document comparesthe two. State law establishes the criteria for being considered an emancipated or mature minor. 17 Health and Safety Code Section 124260(e). AB 1184 protects the rights and confidentiality of minors consenting to their own treatment in two key ways: Health Plans May Not Require Parent or Guardian Authorization for Minors Consent-Based Treatment Enroll or re-enroll as a Medi-Cal provider, Access Medi-Cal transaction services for claims, eligibility and other services, Welcome new providers, access content to help you get started with Medi-Cal, Early Access to Provider Portal by invitation only, One-stop learning and resource center for Medi-Cal billers and providers, Access Medi-Cal Provider Manuals, Provider Bulletins and news, Materials and listings related to the Medi-Cal program, Free subscription service to keep you up-to-date with the latest Medi-Cal news, Take a tour of the Medi-Cal Provider Website, Department of Health Care Services home page, Health insurance coverage for individuals, families and small businesses, Family Planning, Access, Care and Treatment Program home page, California Department of Public Health home page, Centers for Medicare & Medicaid Services home page, Server:files.medi-cal.ca.gov|File:/pubsdoco/newsroom/newsroom_31554.aspx|Last Modified:11/2/2022 9:56:27 AM, Non-Discrimination Policy and Language Access. CHA is and will be the sole and exclusive owner of all right, title, and interest, including intellectual property rights, in this Publication and its contents. The information provided should not be used as a substitute for independent legal advice and it is not intended to address every situation that could potentially arise. Section 124260 does not permit minors to consent to receive psychotropic drugs, convulsive treatment, or psychosurgery without parent or guardian authorization.17. Therefore, therapists are safest to maintain such minors confidentiality and obtain the minors authorization to disclose information to parents or third-parties, even if the parent consented to the treatment. %PDF-1.5 % About Us | Chapters | Advertising | Join. Program originally recorded June 1, 2023. CHA members may download each PDF for their individual use and/or post it to an Intranet or shared workstation environment. In appropriate scenarios, when treating minor patients who have given their own consent, therapists may wish to suggest that the minors reach out to their parents and/or guardians health plans to learn more about the plans policies and procedures for: 1) designating alternative contact information for communications related to the minors treatment; and 2) ensuring that the minors parents, guardians, or other health plan enrollees are not informed about the minors treatment. 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0 R 1350 0 R 1354 0 R 1356 0 R 1358 0 R 1359 0 R 1361 0 R] endobj 1364 0 obj [1363 0 R 1365 0 R 1366 0 R 1370 0 R 1373 0 R 1375 0 R 1378 0 R 1380 0 R 1382 0 R 1384 0 R 1387 0 R 1389 0 R 1391 0 R 1392 0 R 1394 0 R] endobj 1397 0 obj [1396 0 R 1398 0 R 1402 0 R 1406 0 R 1408 0 R 1410 0 R 1412 0 R 1416 0 R 1419 0 R 1421 0 R 1423 0 R] endobj 1396 0 obj <> endobj 1398 0 obj <> endobj 1402 0 obj <> endobj 1406 0 obj <> endobj 1408 0 obj <> endobj 1410 0 obj <> endobj 1412 0 obj <> endobj 1416 0 obj <> endobj 1419 0 obj <> endobj 1421 0 obj <> endobj 1423 0 obj <> endobj 1422 0 obj <> endobj 124 0 obj <>/MediaBox[0 0 720 540]/Parent 2 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/StructParents 45/Tabs/S/Type/Page>> endobj 125 0 obj <>stream WebCalifornia Code of Regulations, Title 22, Section 51473.2, states that providers may render services to minors without parental consent only if the services are related to sexual This would apply, albeit the parent makes appointments, fills out intake forms, signs the consent forms, and pays for the services. Conclusion Parents, who are going through a bitter separation, initially sought therapy for the minor, but withdrew their consent when the therapist refused to write a letter to their attorneys. 164.512(j)(1)(i)(A). The first scenario involves a records request for a minor who consented to their own mental health treatment under one of the Minor Consent Laws. Does the therapist believe they can provideeffective treatment to the minor? As a practical matter, therapists who treat minors (especially those 12-years or older) are encouraged to inform the parents and the minors, at the outset of treatment, the expectations and limitations of confidentiality, including, but not limited to, when and to what extent treatment information may be disclosed to parents, when and how parents may be involved in treatment, and the usual permitted and mandatory exceptions to confidentiality (e.g. Prior to holding an intake session with a prospective patient, a therapist should inform the prospective patient that the purpose of the intake session is to afford both parties the opportunity to determine whether they are a good fit and whether to begin therapy. The minor does not meet the legal criteria to consent; therefore, father who has the responsibility to make decisions respecting the health care of the minor, in general, would have the right of access and the right to authorize disclosure.5 However, that right is not absolute. STEP 3: If Appropriate, Work with the Minor to Establish a Suitable Level of Communication with the Minors Parent(s)/Guardian(s) and/or Other Third Parties California Gov. To end the inappropriate, indefinite, and The information provided should not be used as a substitute for independent legal advice and it is not intended to address every situation that could potentially arise. Therefore, if you link to a different place in the same chapter there is no page to go back and you must use the Return button to go to your previous location. If you tap a link that takes you to a different chapter, use the top Back button to go back to the previous page. When determining whether a minor is mature enough to intelligently participate in their mental health treatment, providers may wish to consider and document their assessment of relevant factors such as the following: STEP 2: Notify Parents and/or Guardians (If Appropriate) It is important to note that both code sections are co-existing and the minor only needs to meet the requirements of one law to consent to mental health treatment. The tools on this page summarize the rights of minors and third parties to consent to a minors health care in California. Health & Safety Code section 123115gives therapists broad discretion to deny a parents access to the minors record if: The therapist in this scenario may deny the fathers request based on this criterion. The minors parent or guardian is not liable for payment for mental health treatment unless the parent or guardian participates in the mental health treatment, and then only for services rendered with the participation of the parent or guardian. California Caregiver Affidavit:Downloadable affidavit form to authorize enrollment of a minor in school and school-related care. However, the newer minors consent law addresses this issue by affording minors the right to consent to treatment in a wider variety of circumstances. Arc: No law in place; California: Minor over 12; Colorado: Minor over 12; ADDITIONAL CONSIDERATIONS FOR PROVIDING TREATMENT VIA MINORS CONSENT, Special Rules for Trainees and Social Work Interns Offering Treatment via Minors Consent Download the free CHA Manuals App from the Apple App Store or Google Play Store. 7 See e.g. California law already allows minors to consent to mental health counseling but only if they are in danger of seriously harming themselves or others, or are victims of child abuse.1 Under the new law - the Mental Health Services for At-Risk Youth Act (SB 543) - youth will be able to access needed services before lives are in danger. In most cases, parents must consent to health care on behalf of their minor children. Twitter feed is not available at the moment. This interpretation has major implications for mental health treatment with minors in California. 1 0 obj <>/Metadata 1438 0 R/Pages 2 0 R/StructTreeRoot 127 0 R/Type/Catalog>> endobj 1438 0 obj <>stream 5. THE FACTS: A social media post is misrepresenting a California bill that aims to expand access to mental health services on an outpatient basis for youth between the ages of 12 and 17. Minors Consent for Mental Health Treatment: Its as Easy as 1, 2, 3! However, supervisors should always be aware of who their supervisees are treating and the clinical concerns and complexities their cases present. ). The reason(s) why, after consulting theminor, the therapist believes it wouldbe inappropriate to notify the parent orguardian that the minor will be consentingto their own treatment. LantermanPetri-Short Act (LPS) The information provided should not be used as a substitute for independent legal advice and it is not intended to address every situation that could potentially arise. Crisis Response Education and Resources Program, Copyright 2023 by California Association of Marriage and Family Therapists. However, minor consent Medi-Cal will not cover mental health treatment or counseling that is required by the child's Individual Educational Plan (IEP), whether the SED child is in 24-hour care or a day treatment program. AB 1184 also requires health plans to direct all communications regarding a protected individuals receipt of therapy services directly to the protected individual receiving care, including to an alternative mailing address, email address, or phone number provided by the individual.16 For example, suppose a minor patient consents to their own treatment and the services are covered by their parents health plan. Purchases that include electronic publications are not refundable. Accordingly, the general intent of Section 124260 is not to require involvement of minor patients parents and/or guardians in minors consent-based treatment. WebCALIFORNIA MINOR CONSENT AND CONFIDENTIALITY LAWS* 2019 National Center for Youth Law, revised: Nov. 2018. To get back to the manual content simply tap the CHA Manuals prompt in the top left. Pearson noted that if lawmakers only wanted to remove the parental consent requirement for minors on Medi-Cal to receive mental health services, they could January/February 2019, Reviewed October 2020 by Luke M. Martin, MBA, JD (CAMFT Staff Attorney). California Minor Consent Laws Mental Health, Californias Minor Consent Mental Health Laws: A Side by Side Comparison, Californias Minor Consent Substance Use Disorder Treatment Law: Frequently Asked Questions about Family Code 6929, Frequently Asked Questions: Using the California Caregiver Affidavit as a Non-Relative or Relative Sponsor of Unaccompanied Immigrant Youth, Minor Consent, Confidentiality, and Mandatory Reporting of Child Abuse in California, Understanding Confidentiality and Minor Consent in California, The Federal Title X Family Planning Program, A project of the National Center for Youth Law. Note: Preemptively agreeing to waive patients co-pays and/or co-insurance payments is typically treated as insurance fraud by health plans. This interpretation, when applied to Scenario #3, would allow for parents to obtain the treatment records, unless the therapist believes the disclosure would harm the minors psychological or physical well-being, or harm the professional relationship between the minor and the therapist. The team at A Treehouse Group is always designing award-winning websites. However, there are situations in which minors must or may consent for their own care and opportunities in which other adults may consent to care on the minors behalf. Existing law, for some purposes, authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling on an outpatient basis, or About Us | Chapters | Advertising | Join. For questions about the policy, contactPublications. Updated 2016), Understanding Confidentiality and Minor Consent in California:This adolescent provider toolkit, created by the Adolescent Health Working Group, includes legal information from the National Center for Youth Law and many tools created by providers and youth to help explain and use these rules in practice. An illustration of this scenario is as follows: A therapist is treating a 10-year-old minor whose father consented to the treatment. In this article, Bradley J. Unfortunately, AB 1184 only applies to commercial health plans. Updated 2010), Consent to Medical Treatment for Foster Children: California Law, A Minors Right to Abortion in California. SB 543 was introduced by Sen. Mark Leno and sponsored by Equality California, the National Association of Social Workers California Chapter, Mental Health America of Northern California, and the Gay Straight Alliance Network. In this scenario, the minor was lawfully authorized to consent to the mental health treatment and consented to treatment. Should this occur, the therapist must: 1) identify the level of parent / guardian communication they believe is clinically necessary to effectively treat the minors concerns; and 2) determine whether the minor would agree to allow such communication. In applying this interpretation to Scenario #3, the therapist would have to obtain a written authorization from the minor before releasing the records to parents or the school administrator. 5 Substance use disorder frequently occurs alongside other mental health conditions, and both may be treated in tandem. Who signs an authorization to release health information under HIPAA and CMIA? It must be documented in the minors records, whether and when the therapist attempted to contact the minors parent. Most therapists who call CAMFTs legal hotline seeking consultation related to minors consent express some level of familiarity with Family Code Section 6924. It consists of the following: A therapist who works for a non-profit counseling center is treating a mature and intelligent 15-year-old minor. For example, some agencies, group practices, and school districts require therapists under their employ to obtain consent from one or both parents /guardians prior to treating minors. Weband (2) of the minor consent statute, Family Code 6924, cited at right. The law does not specifically address what it means for a minor to be mature enough to intelligently participate in their mental health treatment. 6 As with outpatient mental health treatment, minors 12 and older can What if the parent who consented to treatment wants to know about general progress? Therapy Updated 2016). The law does not authorize a minor to receive convulsive treatment or psychosurgery, or psychotropic drugs without the consent of the minors parent or guardian. The third scenario presents a more complicated matter, both legally and practically. 8 See Civil Code 56.10(c)(2) Practice Pointer 4: Payment-Related Communications Yes, the app features a robust search functionality. All instances of the search term in the manual will be displayed, with links that take you directly to the desired location. Other times it may not be possible or appropriate to obtain parent or guardian consent for a minors treatment. The information provided should not be used as a substitute for independent legal advice and it is not intended to address every situation that could potentially arise.
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