Topic:
DRUGS; JUVENILES; MENTAL HEALTH; PATIENTS' RIGHTS; PSYCHIATRY AND PSYCHIATRISTS;
Location:
MENTAL HEALTH; PATIENTS' RIGHTS;

OLR Research Report


December 21, 2005

 

2005-R-0944

MENTAL HEALTH TREATMENT OF MINORS

By: John Kasprak, Senior Attorney

You asked whether a psychiatrist or a psychologist can treat a minor without parental consent.

CGS § 19-14c (PA 95-289) allows licensed psychiatrists, psychologists, clinical social workers, and marital and family therapists to provide a minimum of six outpatient mental health treatment sessions to a minor without his parents’ or guardians’ consent or notification, under certain conditions. Mental health services can be provided without parental consent or notification if:

1. requiring consent or notification would cause the minor to reject the treatment;

2. the treatment is clinically indicated;

3. failure to provide it would be seriously detrimental to his well-being;

4. he has knowingly and voluntarily sought treatment; and

5. he is mature enough to participate in treatment productively in the provider’s opinion (§ 19-14c(b)).

The provider must document the reasons for any determination made to treat a minor without parental consent or notification and must include it in the clinical record. The record must also include a written statement signed by the minor stating that he (1) is voluntarily seeking the treatment, (2) has discussed with the provider the possibility of involving the parent or guardian, (3) has determined it is not in his best interest to do so, and (4) has been given adequate opportunity to ask the provider questions about the course of treatment (§ 19a-14c(b)).

After the sixth outpatient treatment session, the provider must notify the minor that the consent, notification, or involvement of a parent or guardian is required to continue treatment, unless such action would be seriously detrimental to the minor’s well-being. If the provider does make such a determination, he must document it in the minor’s clinical record, review the determination every sixth session afterward, and document each review. If the provider determines that the parental consent requirement would no longer be seriously detrimental to the minor, he must require the consent, notification, or involvement of the parent or guardian. A provider must not notify a parent or guardian about, or disclose any information concerning, the treatment to a parent or guardian without the minor’s consent (§ 19a-14c(c)).

A parent or guardian who is not informed of outpatient mental health treatment his minor child receives is not liable for the cost of treatment (§ 19a-14c(d)).

The law defines “outpatient mental health treatment” as the treatment of mental disorders, emotional problems, or maladjustments with the object of (1) removing, modifying, or retarding existing symptoms; (2) improving disturbed patterns of behavior; and (3) promoting positive personality growth and development. Treatment does not include prescribing or otherwise dispensing any prescription drug (§ 19a-14c(a)).

JK: ro