Treatment of Minors Without Parental Consent: Important Changes in the Law © 2/2011
Treatment of Minors Without Parental Consent
Effective January 1, 2011, LCSWs, MFTs, MFT registered inters, (its unclear if associates are included) must comply with this law. Since California doesn't license drug and alcohol counselors, they aren't included under this law.
The law is specific regarding the treatment of minors without parental consent. Health and Safety Code 124260 describes these special circumstances.
Health and Safety Code Section 124260: A licensed clinician, registered intern may treat a minor without parental consent if:
1) The minor is 12 years of age or older, and
2) The clinician determines that the minor is mature enough to participate intelligently in outpatient mental health treatment or counseling.
3) The intent of this law is to include the parents in their child’s treatment.
4) If, after consulting with the minor, the clinician determines that involving the parents is detrimental to the health of the minor, the parent shall be excluded.
5) The clinician must document: a) how the clinician determined that the minor was mature enough to receive counseling without parental consent, b) how the clinician determined that the parents could be included in the minor’s treatment, c) how the clinician determined that the parents’ participation was inappropriate, d) whether the clinician attempted to contact the parents and when , e) if the contact was successful or unsuccessful, and f) the reason it would be inappropriate to contact the parents.
When treating a minor under either of these conditions, the minor is financially responsible for the treatment. One of the goals of treatment in these situations is to incorporate the parents into treatment when appropriate. Once the parents are incorporated into treatment, they become financially responsible for treatment.
For clinicians who treat children, these changes are significant because pitfalls exist that must be avoided. Clinicians can avoid potential conflict with parents and even legal action when they face the decision to treat a minor without parental consent or exclude the parents from treatment. To protect themselves, clinicians can opt to document carefully how they reasoned that the minor met the legal conditions for treatment and that the parents would be excluded from the minor’s treatment. In the latter, the clinician has the professional responsibility to establish this legal threshold; “the clinician deems that parental participation is inappropriate."
Documenting this reasoning process can indicate to anyone, especially an opposing attorney, who challenges the clinician's decision that he or she made these determinations objectively, thoroughly, and considered all available information prior to making a decision to treat the minor or exclude the parents. Failing to do so can leave the clinician exposed to an accusation of unprofessional conduct or of being negligent in his or her professional duties. Protect yourselves prudently and reasonably.
Federico C Grosso, DDS, PhD, MFT, BCFE
Board Certified Forensic Examiner
Practice Limited to Forensic Psychotherapy
Expert Witness in Legal Actions Involving California
MFTs, LCSWs, Drug & Alcohol Counselors
800 Belle Terre Parkway
Suite 200-114
Palm Coast, FL 32164
Tel 805-962-3628
fcgt@fgrosso.com
http://www.fgrosso.com