Subject: Consent for Treatment
Title: Minor Consent for Treatment
Effective Date of This Revision: February 28,2016
Contact: Chief Operating Officer or Clinical Director 310-679-9126 Administration
Applies to: Officers, Other agents, Staff, Visitors, Student clinicians, Contractors, Volunteers, Subcontractors / Business Associates
PURPOSE:
To establish BHS policy for ensuring compliance with the legal requirements relative to the treatment of minors.
POLICY:
Each BHS program shall ensure that all patients are properly informed prior to the initiation of services. Consent shall be obtained that meets all state, federal, contractual agreements and any accreditation agency standards, as well as BHS requirements.
Each BHS program that has the capacity to serve minors within their scope of services must ensure that federal and state laws relative to the treatment and consent of the minor and the consent of the minor’s parent or legal guardian are followed.
PROCEDURES:
A minor who is 12 years of age or older may consent to medical care and counseling related to the diagnosis and treatment of a drug or alcohol problem. (CA Family Code §6929(b))
Because BHS believes that the family involvement can be beneficial to substance abuse treatment, BHS programs will attempt to have parents involved in the treatment and include their consent.
Minors 12 years of age and older may consent to mental health treatment or counseling if both of the following requirements are met: (CA Family Code §6924(f))
- The minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the services.
- The minor (a) would present a danger of serious physical or mental harm to self or to others without the mental health treatment or counseling, or (b) is the alleged victim of incest or child abuse.
The Behavioral Health Services – Family Health Center will adhere to legal requirements for the consent and provision of medical treatment to minors of any age or those under guardianship.
