N.Y. MHY. LAW § 22.11 : NY Code - Section 22.11: Treatment of minors

Search N.Y. MHY. LAW § 22.11 : NY Code - Section 22.11: Treatment of minors

(a)  For  the  purposes of this section, the word "minor" shall mean a
  person under eighteen years of age, but does not include a person who is
  the parent of a child or has married or who is emancipated.
    (b) In treating a minor  for  chemical  dependence  on  an  inpatient,
  residential,  or  outpatient basis, the important role of the parents or
  guardians shall be recognized. Steps  shall  be  taken  to  involve  the
  parents or guardians in the course of treatment, and consent from such a
  person  for  inpatient,  residential, or outpatient treatment for minors
  shall be required, except as otherwise provided by  subdivision  (c)  of
  this section.
    (c) Minors admitted for inpatient, residential or outpatient treatment
  without parental or guardian involvement.
    1.   If,  in  the  judgment  of  a  physician,  parental  or  guardian
  involvement and consent would have a detrimental effect on the course of
  treatment of a minor who is voluntarily seeking treatment  for  chemical
  dependence  or  if  a  parent  or  guardian  refuses  to consent to such
  treatment and the physician believes that such  treatment  is  necessary
  for  the  best interests of the child, such treatment may be provided to
  the minor by a  licensed  physician  on  an  inpatient,  residential  or
  outpatient  basis, a staff physician in a hospital, or persons operating
  under their supervision, without  the  consent  or  involvement  of  the
  parent  or guardian. Such physician shall fully document the reasons why
  the requirements of subdivision  (b)  of  this  section  were  dispensed
  within the minor's medical record, provided, however, that for providers
  of  services  which  are  not  required  to include physicians on staff,
  pursuant to regulations promulgated by  the  commissioner,  a  qualified
  health  professional,  as defined in such regulations, shall fulfill the
  role of a physician for purposes of this paragraph.
    2. If the provider of services cannot locate the parents or  guardians
  of  a  minor  seeking  treatment for chemical dependence after employing
  reasonable measures to do so, or if such parents or guardians refuse  or
  fail  to  communicate  with the provider of services within a reasonable
  time regarding the minor's treatment, the program director may authorize
  that such minor be treated on an inpatient,  residential  or  outpatient
  basis  by the provider of services without the consent or involvement of
  the parent or guardian. Such program director shall fully  document  the
  reasons  why  the  requirements  of subdivision (b) of this section were
  dispensed within the minor's medical record, including an explanation of
  all efforts employed to attempt to contact such parents or guardians.
    3. Admission and discharge  for  inpatient  or  residential  treatment
  shall be made in accordance with subdivision (d) of this section.
    (d) Inpatient or residential treatment. 1. Admission procedures. (i) A
  copy  of  the  patient's rights established under this section and under
  section 22.03 of this article shall be given and explained to the  minor
  and  to  the  minor's  consenting  parent  or  guardian  at  the time of
  admission by the director of the facility or such person's designee.
    (ii) The minor shall be required to sign a form  indicating  that  the
  treatment  is  being  voluntarily  sought,  and  that he or she has been
  advised of his or her ability to access the mental hygiene legal service
  and of his or her rights under this section and section  22.03  of  this
  article.  The  signed  form  shall  be  included  in the minor's medical
  record.
    (iii) At the time  of  admission,  any  minor  so  admitted  shall  be
  informed  by  the  director  of the facility or the director's designee,
  orally and in  writing,  of  the  minor's  right  to  be  discharged  in
  accordance  with the provisions of this section within twenty-four hours
  of his or her making a request therefor.

    (iv) Emergency contacts.
    (A)  At  the time of admission, the provider of services shall use its
  best efforts to obtain from the minor's consenting parent or guardian  a
  telephone  number  or  numbers  where  he  or  she may be reached by the
  facility at any time during the day or night. In addition, such provider
  of services shall also use its best efforts to obtain from the parent or
  guardian a name, address and appropriate telephone number or numbers  of
  an  adult  designated by such parent or guardian as an emergency contact
  person in the event the facility is  unable  to  reach  such  parent  or
  guardian.
    (B)  If  the  minor  is admitted in accordance with subdivision (c) of
  this section, the provider of services shall use  its  best  efforts  to
  obtain  from  the  minor  the  name, address, and telephone number of an
  adult who may serve as an emergency  contact,  and  the  facility  shall
  verify the existence and availability of such contact upon notice to and
  with the prior written consent of the minor.
    (C)  Failure to obtain emergency contacts, after reasonable effort, in
  accordance with this section shall not preclude admission of  the  minor
  to treatment.
    (v) Notice of admission and discharge procedures.
    (A)  A copy of the facility's admission and discharge procedures shall
  be provided to the  minor  and  to  the  minor's  consenting  parent  or
  guardian  at  the  time  of admission by the director of the facility or
  such person's designee. Such information shall also  be  mailed  to  the
  designated emergency contact person by regular mail.
    (B)  If  the  minor  is admitted in accordance with subdivision (c) of
  this  section,  a  copy  of  the  facility's  admission  and   discharge
  procedures  shall  be provided to the minor. Such information shall also
  be mailed to the designated emergency contact person by regular mail.
    (vi)  Each  minor  admitted  for  inpatient  or  residential  chemical
  dependence treatment pursuant to this subdivision shall be provided with
  written  notice  regarding  the availability of the mental hygiene legal
  service for legal counsel, and shall be provided access to  the  service
  upon request.
    2.   Discharge  procedures.  All  minors  admitted  pursuant  to  this
  subdivision shall be discharged in accordance with the following:
    (i) Any  minor  admitted  to  an  inpatient  or  residential  chemical
  dependence  treatment  facility  has  the  right to be discharged within
  twenty-four  hours  of  his  or  her  request  in  accordance  with  the
  provisions of this subdivision.
    (ii)  If  discharge  is  requested  prior  to  completion of a minor's
  treatment plan, such minor must request discharge in writing.
    (A) Upon receipt of any form of written  request  for  discharge,  the
  director   of  the  facility  in  which  the  minor  is  admitted  shall
  immediately notify the minor's parent or guardian. If  the  facility  is
  unable  to  contact such parent or guardian within a reasonable time, or
  if the minor has been admitted  pursuant  to  subdivision  (c)  of  this
  section,  the  facility  shall  notify  the designated emergency contact
  person.
    (B) The minor shall not be discharged from such facility until  it  is
  determined:
    (1)  that  the  safety  and  well  being  of  such  minor  will not be
  threatened or the expiration of twenty-four hours, whichever is  sooner;
  or
    (2)  that the parent, guardian, or designated emergency contact person
  has  made  appropriate  and  timely  departure  arrangements  with   the
  facility.  However,  unless  otherwise directed by the minor's parent or
  guardian or designated emergency contact person pursuant to  this  item,

  such minor shall be discharged within twenty-four hours after submission
  of the request.
    (iii)  Writing  materials  for  use in requesting a discharge shall be
  made available at all times to all minors admitted under  this  section.
  The  staff  of  the  facility  shall  assist such minors in preparing or
  submitting requests for discharge.