2023 New York Laws › MHY - Mental Hygiene › Title D - Alcoholism and Substance Abuse Act › Article 22 - Chemical Dependence Programs, Treatment Facilities, and Services › 22.11 - Treatment of Minors.

§ 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.