N.Y. MHY Law § 22.11 — New York Code / Act MHY / Title D / Article 22 / Section 22.11
Treatment of minors
Status: in_force

§ 22.11 Treatment of minors.\n  (a) For the purposes of this section, the word "minor" shall mean a\nperson under eighteen years of age, but does not include a person who is\nthe parent of a child or has married or who is emancipated, or is a\nhomeless youth, as defined in section five hundred thirty-two-a of the\nexecutive law, or receives services at an approved runaway and homeless\nyouth crisis services program or a transitional independent living\nsupport program as defined in section five hundred thirty-two-a of the\nexecutive law.\n  (b) In treating a minor for chemical dependence on an inpatient,\nresidential, or outpatient basis, the important role of the parents or\nguardians shall be recognized. Steps shall be taken to involve the\nparents or guardians in the course of treatment, and consent from such a\nperson for inpatient, residential, or outpatient treatment for minors\nshall be required, except as otherwise provided by subdivision (c) of\nthis section.\n  (c) Minors admitted for inpatient, residential or outpatient treatment\nwithout parental or guardian involvement.\n  1. If, in the judgment of a physician, parental or guardian\ninvolvement and consent would have a detrimental effect on the course of\ntreatment of a minor who is voluntarily seeking treatment for chemical\ndependence or if a parent or guardian refuses to consent to such\ntreatment and the physician believes that such treatment is necessary\nfor the best interests of the child, such treatment may be provided to\nthe minor by a licensed physician on an inpatient, residential or\noutpatient basis, a staff physician in a hospital, or persons operating\nunder their supervision, without the consent or involvement of the\nparent or guardian. Such physician shall fully document the reasons why\nthe requirements of subdivision (b) of this section were dispensed\nwithin the minor's medical record, provided, however, that for providers\nof services which are not required to include physicians on staff,\npursuant to regulations promulgated by the commissioner, a qualified\nhealth professional, as defined in such regulations, shall fulfill the\nrole of a physician for purposes of this paragraph.\n  2. If the provider of services cannot locate the parents or guardians\nof a minor seeking treatment for chemical dependence after employing\nreasonable measures to do so, or if such parents or guardians refuse or\nfail to communicate with the provider of services within a reasonable\ntime regarding the minor's treatment, the program director may authorize\nthat such minor be treated on an inpatient, residential or outpatient\nbasis by the provider of services without the consent or involvement of\nthe parent or guardian. Such program director shall fully document the\nreasons why the requirements of subdivision (b) of this section were\ndispensed within the minor's medical record, including an explanation of\nall efforts employed to attempt to contact such parents or guardians.\n  3. Admission and discharge for inpatient or residential treatment\nshall be made in accordance with subdivision (d) of this section.\n  (d) Inpatient or residential treatment. 1. Admission procedures. (i) A\ncopy of the patient's rights established under this section and under\nsection 22.03 of this article shall be given and explained to the minor\nand to the minor's consenting parent or guardian at the time of\nadmission by the director of the facility or such person's designee.\n  (ii) The minor shall be required to sign a form indicating that the\ntreatment is being voluntarily sought, and that he or she has been\nadvised of his or her ability to access the mental hygiene legal service\nand of his or her rights under this section and section 22.03 of this\narticle. The signed form shall be included in the minor's medical\nrecord.\n  (iii) At the time of admission, any minor so admitted shall be\ninformed by the director of the facility or the director's designee,\norally and in writing, of the minor's right to be discharged in\naccordance with the provisions of this section within twenty-four hours\nof his or her making a request therefor.\n  (iv) Emergency contacts.\n  (A) At the time of admission, the provider of services shall use its\nbest efforts to obtain from the minor's consenting parent or guardian a\ntelephone number or numbers where he or she may be reached by the\nfacility at any time during the day or night. In addition, such provider\nof services shall also use its best efforts to obtain from the parent or\nguardian a name, address and appropriate telephone number or numbers of\nan adult designated by such parent or guardian as an emergency contact\nperson in the event the facility is unable to reach such parent or\nguardian.\n  (B) If the minor is admitted in accordance with subdivision (c) of\nthis section, the provider of services shall use its best efforts to\nobtain from the minor the name, address, and telephone number of an\nadult who may serve as an emergency contact, and the facility shall\nverify the existence and availability of such contact upon notice to and\nwith the prior written consent of the minor.\n  (C) Failure to obtain emergency contacts, after reasonable effort, in\naccordance with this section shall not preclude admission of the minor\nto treatment.\n  (v) Notice of admission and discharge procedures.\n  (A) A copy of the facility's admission and discharge procedures shall\nbe provided to the minor and to the minor's consenting parent or\nguardian at the time of admission by the director of the facility or\nsuch person's designee. Such information shall also be mailed to the\ndesignated emergency contact person by regular mail.\n  (B) If the minor is admitted in accordance with subdivision (c) of\nthis section, a copy of the facility's admission and discharge\nprocedures shall be provided to the minor. Such information shall also\nbe mailed to the designated emergency contact person by regular mail.\n  (vi) Each minor admitted for inpatient or residential chemical\ndependence treatment pursuant to this subdivision shall be provided with\nwritten notice regarding the availability of the mental hygiene legal\nservice for legal counsel, and shall be provided access to the service\nupon request.\n  2. Discharge procedures. All minors admitted pursuant to this\nsubdivision shall be discharged in accordance with the following:\n  (i) Any minor admitted to an inpatient or residential chemical\ndependence treatment facility has the right to be discharged within\ntwenty-four hours of his or her request in accordance with the\nprovisions of this subdivision.\n  (ii) If discharge is requested prior to completion of a minor's\ntreatment plan, such minor must request discharge in writing.\n  (A) Upon receipt of any form of written request for discharge, the\ndirector of the facility in which the minor is admitted shall\nimmediately notify the minor's parent or guardian. If the facility is\nunable to contact such parent or guardian within a reasonable time, or\nif the minor has been admitted pursuant to subdivision (c) of this\nsection, the facility shall notify the designated emergency contact\nperson.\n  (B) The minor shall not be discharged from such facility until it is\ndetermined:\n  (1) that the safety and well being of such minor will not be\nthreatened or the expiration of twenty-four hours, whichever is sooner;\nor\n  (2) that the parent, guardian, or designated emergency contact person\nhas made appropriate and timely departure arrangements with the\nfacility. However, unless otherwise directed by the minor's parent or\nguardian or designated emergency contact person pursuant to this item,\nsuch minor shall be discharged within twenty-four hours after submission\nof the request.\n  (iii) Writing materials for use in requesting a discharge shall be\nmade available at all times to all minors admitted under this section.\nThe staff of the facility shall assist such minors in preparing or\nsubmitting requests for discharge.\n