5/01/2011

Does a minor have the right to mental health care even if her parents object...?

Does a minor have the right to mental health care even if her parents object...?And how would such a person go about getting help? Do they have the right to go to their family physician to get help or better yet a community mental health center above the objections of their parent(s)? I am asking this for a person that just asked a question on here...(I'll give them the URL to this question - so all and any help is needed...)

Answer by Man
I would have to say yes but then there issue of who is paying for it.

Answer by andrea.force
I don't know what the law is, but why not have the minor talk this over with his or her school's guidance counselor? That person will:
1) Know what the law is and
2) Have good advice regardless of the law.

Answer by bonnie k
YES! as long as the child is over the age of 12 they have the right to choose there own medical treatment. If insurance is an issue they can go to the welfare office and speak to someone there and they can help them. Also a school consoler would be able to help. Mental Health care is very imporant and she or he can NOT be denyed. Yes they can also go to a family doctor and nothing can be released to anyone with out consent unless it comes down to the fact they are a threat to them self.

Answer by confused
It depends on the nature of the mental health issue and probably state laws. If it is serious enough, like suicide, there are certain states where there is mandated counseling. Or if there are homicidal thoughts. These for the most part are mandated. Even if you weren't a minor you would Have to get counseling.

Some of the restrictions are due to health insurance company regulations. AND if your friend's parents have insurance, and even if the parent's don't have to sign a consent form...they will still receive an EOB, explanation of benefits, in the mail. It won't say What took place,but it will say that it Took place. Also, most health insurance companies document all calls to the account of the policy holder. If your friend calls the insurance company to inquire, do not give the name of the policy holder. Just say what kind of policy they have and get general info.

Mental Health care is regulated by HIPPA though as is medical care. Depending on the age of your friend, the information discussed is not going to get back to the parents, in this situation. There are exceptions, like court ordered mental health care, etc..

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