The fact of admission and all information and records related to mental health services obtained through inpatient or outpatient treatment of a minor under chapter, (1) In communications between mental health professionals to meet the requirements of chapter. The mental health service agency or its employees are not civilly liable for the decision to disclose or not, so long as the decision was reached in good faith and without gross negligence; (9) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. Delivery of minor to treatment facilities. The person may designate a representative to receive the disclosure. The newly enacted law amends several Washington statutes governing behavioral health (substance use disorder and mental illness) services for minors, including laws on adolescent-initiated treatment, family-initiated treatment and health information privacy lawsall toward enabling youth aged 13 to 17 and their families to better access the full continuum of care, from inpatient to outpatient 71.36: Coordination of children's mental health services. In Washington state teenagers as young as 13 years old have to Chapter 71.34 RCW BEHAVIORAL HEALTH SERVICES FOR MINORS (Formerly: Mental health services for minors) Yes No No Minors may seek prenatal care at any age without the consent of a parent or guardian. Table A-8b. (2) In the course of guardianship or dependency proceedings; (3) To the minor, the minor's parent, including those acting as a parent as defined in RCW, (4) To the courts as necessary to administer chapter. 6, the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act of 2018, was made law to address the nations opioid overdose epidemic. State Minor Consent Laws: A Summary 3rd Edition, summarizes the laws in each of the 50 U.S. states and the District of Columbia that allow minors to give their own consent for health care. Possessions of minors undergoing treatment. (c) Disclosure under this subsection is mandatory for the purposes of the federal health insurance portability and accountability act; (14) This section may not be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by the director of the health care authority or the secretary of the department of social and health services, where applicable. I recognize that unauthorized release of confidential information may subject me to civil liability under state law. These situations include coercion or compulsion; mental incapacity or physical The fact of admission and all information and records related to mental health services obtained through inpatient or outpatient treatment of a minor under chapter 71.34 RCW must be kept confidential, except as authorized by this section or under RCW 70.02.050, 70.02.210, 70.02.230, 70.02.250, 70.02.260, and 70.02.265. Narrative Description of State Law Definition or Scope of Information/Material Covered by Application of Additional Authorization Requirement Comp. In 1985, Washington state lawmakers were considering a mental health bill for kids. 71.34: Behavioral health services for minors. (8) To appropriate law enforcement agencies, upon request, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public. Jurisdiction over proceedings under chapter. Community behavioral health services act. Court proceedings under chapter subject to rules of state supreme court. . . Availability of treatment does not create right to obtain public funds. Title 71 contains the laws related to mental illness and Chapter 71.05 holds the laws that govern involuntary commitment. The bill included a provision that teens age 13 and older be allowed to consent for their own mental health Since January, children in Washington state ages 13 and up can obtain confidential treatment for mental health conditions and gender dysphoria using their parents insurance planwithout their parents consent. A three-decades-old Washington s tate law had rendered Kelly powerless to initiate substance-abuse or mental-health treatment for Hollie against her will unless deemed medically necessary. The minor has the right to receive But Washington is one of many states that carved out exceptions to the rights of parents to know about or consent to certain types of care their minor children receive, including mental health 16% of 8th graders, 18% of 10th graders, and 18% of 12th graders guardian cannot place a minor in a mental health facility against the minors will. Now, the state is considering a bill to set up health clinics on middle and high school campuses. The parents will not be notified State law addresses the age at which a minor child may consent to certain types of health care and may contain additional requirements related to disclosing a minors health information to parents (or withholding it). However, only the fact and date of admission, and the date of discharge, the name and address of the treatment provider, if any, and the last known address must be disclosed upon request; (6) To law enforcement officers, public health officers, relatives, and other governmental law enforcement agencies, if a minor has escaped from custody, disappeared from an evaluation and treatment facility, violated conditions of a less restrictive treatment order, or failed to return from an authorized leave, and then only such information as may be necessary to provide for public safety or to assist in the apprehension of the minor. Limitation on liability for admitting or accepting adolescent. A statute or Revised Code of Washington (RCW) is written by the Washington State Legislature. According to Washington law, a minor who is 13 years old or older may initiate an evaluation and treatment for outpatient and/or inpatient mental health services, substance use disorder ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding minors who have received services in a manner such that the minor is identifiable. 71.98: Construction. Department, department of health, and authority to adopt rules to effectuate chapter. Cal. Liability for performance of duties under this chapter limited. According to the Washington Healthy Youth Survey (2018), 32% of eighth graders, 40% of 10th graders, and 41% of 12th graders felt so sad or hopeless for 2 weeks or more that they stopped doing their usual activities. Notwithstanding any other provision of law, any minor who is living separate and apart from parents or legal guardian, whether with or without the consent of a parent or guardian and regardless of the duration of such separate residence, and who is managing personal financial affairs, regardless of the source or extent of the minors income, may give effective consent to personal Parents fear these clinics will talk children into dangerous and irreversible medical Outpatient mental health treatment: Yes, unless youth is 13 or older. consent under federal and state law, only the minor may exercise the rights of a patient as to information pertaining to health care to which the minor lawfully consented. But Washington is one of many states that carved out exceptions to the rights of parents to know about or consent to certain types of care their minor children receive, including mental health Mental health services Minors Permitted disclosures. . Transfer of superior court proceedings to juvenile department. 290-4-6-.05 disclosures and some health care operations disclosures. The problem at hand was how to change mental health laws pertaining to kids. You may also access the state government website. The rules must include, but need not be limited to, the requirement that all evaluators and researchers sign an oath of confidentiality substantially as follows: "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I,. Outpatient mental health treatment and outpatient mental health treatment (RCW 71.34.530) People 14 and over can consent to tests and treatment for STDs (RCW 70.24.110) Consent for Sex. Chapter 71.34 RCW - Establishes mental health services for minors, protects minors against needless hospitalization, enables treatment decisions to be made with sound professional judgment, and ensures minors parents/guardians are given an opportunity to participate in treatment decisions. parent can access a minors health information; and (3) when minor consent must be obtained before the provider can share the minors health information. Existing law authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling, except as specified, on an outpatient basis, or to residential shelter services, if specified conditions are met. No Minors may receive outpatient mental health treatment if they are 13 years of age or older without the consent of a parent or guardian. Washington law (Chapter 9A.44 RCW) explains sexual offenses and describes situations where it is not legal to have sexual contact. Parents of minor children (typically under age 18) are generally the personal representatives of their children. In Washington State and many other states, an individual can be involuntarily committed if that person is found to be mentally ill and either presents a likelihood of serious harm or is gravely disabled. Release of adolescent's mental health information to parent without adolescent's consent. . Probate Code 2356. treatment in accordance with Georgia's mental health law that Transfer of person committed to juvenile correction institution to institution or facility for juveniles with behavioral health disorders.