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Treatment refusal .... update
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<blockquote data-quote="slsh" data-source="post: 350018" data-attributes="member: 8"><p>The original reasoning behind the ridiculous age of consent for psychiatric treatment was so that children who were being abused could seek out treatment without parental consent (to cover kids who were being abused by parents). Unfortunately, the flip side of that coin is that children who can authorize psychiatric treatment can also refuse it. Age of consent varies by state. Here in IL, it's 12. You can imagine my joy when upon admission to Residential Treatment Center (RTC) #3, the admission clerk made *sure* to advise thank you of his "rights". Barf. This archaic law also doesn't take into consideration the competency of a mentally ill child to give or not give consent in the first place. And this law also became a major thorn in a lot of our sides when HIPAA came about, because HIPAA defers to state law. Therefore, once your child legally hits the age of consent, you no longer have any right to his/her medical information in terms of psychiatric treatment *and* insurance companies can get really stupid when you try to get bills paid for minors who have the right to consent. In IL law, there is a loophole at least in terms of getting bills paid, but our insurance was woefully ignorant of the law. I finally kept a copy of the statute in my desk and faxed it to whichever genius I was dealing with. I adamantly refused to get an authorization for release of information signed by thank you - I thought it would set a bad precedent in terms of reminding him that he was actually in the driver's seat.</p><p></p><p>Interestingly, if you obtain guardianship of an adult child, the HIPAA garbage doesn't apply in terms of psychiatric treatment. By virtue of being guardian of an adult, you have the right to access that information. Just can't for your minor child. </p><p></p><p>Anyway - Linda, it sounds like the team it getting creative and that's something. I would bet that the "contract" isn't legally binding because she's a minor (Catch-22), but let's hope no one points that out to her. And even if she doesn't follow the contract, they're still not going to be able to force a therapeutic placement. </p><p></p><p>Emancipation? Good heavens.... she certainly has been paying attention to her peers. Darn it, LOL.</p><p></p><p>While her behavior is without question dangerous, I understand why they can't force treatment. She isn't a danger to herself or others in the technical sense they use for involuntary hospitalizations. She's making horrific choices, but.... just like you can't force substance abuse treatment, you cannot force treatment for this kind of behavior. </p><p></p><p>Linda, your girl sure has taken you to some very difficult places. My heart aches for you. There's a stunning lack of common sense, in my humble opinion, when it comes to placing and treating our kids as they get to the brink of adulthood. The cynical side of me says there's a method to state agencies' madness. Children like ours don't tend to end up on the books as adults needing or obtaining mental health services, because of their noncompliance and baseline thought disorders. I think it's horribly short-sighted, because I think the cycle will continue on. Decompensation, admit, discharge, decompensation. Lather, rinse, repeat.</p><p></p><p>My main concern is for your safety, Linda. I'm glad you've been able to shut down her late night socializing. The thought of strangers in your home terrifies me. </p><p></p><p>Hugs.</p></blockquote><p></p>
[QUOTE="slsh, post: 350018, member: 8"] The original reasoning behind the ridiculous age of consent for psychiatric treatment was so that children who were being abused could seek out treatment without parental consent (to cover kids who were being abused by parents). Unfortunately, the flip side of that coin is that children who can authorize psychiatric treatment can also refuse it. Age of consent varies by state. Here in IL, it's 12. You can imagine my joy when upon admission to Residential Treatment Center (RTC) #3, the admission clerk made *sure* to advise thank you of his "rights". Barf. This archaic law also doesn't take into consideration the competency of a mentally ill child to give or not give consent in the first place. And this law also became a major thorn in a lot of our sides when HIPAA came about, because HIPAA defers to state law. Therefore, once your child legally hits the age of consent, you no longer have any right to his/her medical information in terms of psychiatric treatment *and* insurance companies can get really stupid when you try to get bills paid for minors who have the right to consent. In IL law, there is a loophole at least in terms of getting bills paid, but our insurance was woefully ignorant of the law. I finally kept a copy of the statute in my desk and faxed it to whichever genius I was dealing with. I adamantly refused to get an authorization for release of information signed by thank you - I thought it would set a bad precedent in terms of reminding him that he was actually in the driver's seat. Interestingly, if you obtain guardianship of an adult child, the HIPAA garbage doesn't apply in terms of psychiatric treatment. By virtue of being guardian of an adult, you have the right to access that information. Just can't for your minor child. Anyway - Linda, it sounds like the team it getting creative and that's something. I would bet that the "contract" isn't legally binding because she's a minor (Catch-22), but let's hope no one points that out to her. And even if she doesn't follow the contract, they're still not going to be able to force a therapeutic placement. Emancipation? Good heavens.... she certainly has been paying attention to her peers. Darn it, LOL. While her behavior is without question dangerous, I understand why they can't force treatment. She isn't a danger to herself or others in the technical sense they use for involuntary hospitalizations. She's making horrific choices, but.... just like you can't force substance abuse treatment, you cannot force treatment for this kind of behavior. Linda, your girl sure has taken you to some very difficult places. My heart aches for you. There's a stunning lack of common sense, in my humble opinion, when it comes to placing and treating our kids as they get to the brink of adulthood. The cynical side of me says there's a method to state agencies' madness. Children like ours don't tend to end up on the books as adults needing or obtaining mental health services, because of their noncompliance and baseline thought disorders. I think it's horribly short-sighted, because I think the cycle will continue on. Decompensation, admit, discharge, decompensation. Lather, rinse, repeat. My main concern is for your safety, Linda. I'm glad you've been able to shut down her late night socializing. The thought of strangers in your home terrifies me. Hugs. [/QUOTE]
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