endstream endobj 101 0 obj <. A refusal to disclose in such a case, even in the face of a parent's request, may be legally supportable. The law is a blunt instrument, as the issue of minors and confidentiality well illustrates. Those might include: In some contentious custody cases, a court may appoint a lawyer for the childoften called a guardian ad litemto represent the childs best interests. Summary of Laws Related to Child and Adolescent Mental Health. A. Below are some resources to help understand the consent and confidentiality laws in Minnesota: Health Care Facilities, Providers, and Insurance, Healthy Communities, Environment, and Workplaces, Adolescent & Young Adult Health Care in Minnesota: A Guide to Understanding Consent & Confidentiality Laws (PDF), Consent & Confidentiality: Providing Medical and Mental Health Services to Minors in Minnesota Legal Guidelines for Professional (PDF), Minor's Consent for Health Care, MN State Statute summary (2018) (PDF). Not all parents have unconditional love for their child. A: It is most helpful to consider this question from three perspectives: that of law, of clinical practice and of ethics. Aust N Z J Psychiatry. c. 123, 10; 104 CMR 27.06(1); 110 CMR 11.16(2). In general, the right to privacy in treatment is connected to the right to consent to treatment. 33 Rights of patients ( 33.01-33.27). Practice Preparation, Identification, Assessment, and Initial Management. First, early in the relationship the psychologist should make clear what relationship she will have to each of the parties. Can I make my own decisions about my mental health treatment? Even when a therapist must act to protect a child, the therapist must use a conservative approach, disclosing only that information which is absolutely necessary and disclosing only to the appropriate person or persons. When Do Minors in Therapy Have a Right to Confidentiality? October 2021. Second, central to that early discussion should be an explanation of how information-sharing will work--what information will be shared, with whom and when, in a manner appropriate to the child's age and understanding. Still, she struggled with whether she had an obligation to disclose something to Michael's mother. June 27, 2022. Related services include speech therapy, occupational therapy, physical therapy, rehabilitation, nursing services, counseling, and transportation. With rare exceptions, patients are entitled to decide whether and to whom their personal health information is disclosed. hWmO8+:qNDZU*ea+Gqz!6fuJyy2o4. Does a parent have a right to receive a copy of psychotherapy notes about a child's mental health treatment? 4-302. Minnesota has state laws that allow youngsters to consent to certain sort of services without parent or guardian request (Minnesota Articles Sections 144.341 - 144.344).That bills help young people seek confidential health care for sensitive issues such as pregnancy or pregnancy prevention, sexually transit infections, additionally substance use or abuse. Confidentiality of Substance Use Disorder Records A federal regulation (42 CFR Part 2) protects the confidentiality of people receiving diagnosis, treatment, or referral for treatment for a substance use disorder at federally assisted SUD programs. That confidentiality, coupled with the unique rapport built over months or years of representation, can mean that a . American Academy of Pediatrics. 1 0 obj These laws tend to fall into two categories - confidentiality laws, which impose an affirmative duty on the provider to maintain the confidentiality of protected information, and privilege laws, which establish an evidentiary privilege for such information that may be exercised by the patient.
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