In loco parentisWhat are the legal protections for employees with mental health issues in the USA?

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In loco parentis


What are the legal protections for employees with mental health issues in the USA?













2















Is the school district under in loco parentis, permitted to seek and hospitalize a child who is in a mental health crisis, when the school cannot reach the parent ow without contacting the parent. There is no attempted suicide or any injury to the student. Is the school able to contact the local emergency crisis program and have the child seen without parent consent? Any help would be greatly appreciated. Thank you.










share|improve this question













migrated from politics.stackexchange.com 8 hours ago


This question came from our site for people interested in governments, policies, and political processes.













  • 1





    Not a political question, definitely a legal question. A bit...unnerving to imagine a government entity (Washington County BHDS) getting legal advice from a forum though. Don't you have a legal team you can ask?

    – David Rice
    11 hours ago











  • I am moving this to Law Stack Exchange.

    – Philipp
    8 hours ago











  • My answer below assumes the state of PA based on a google result. If the OP is in another state, please indicate the state. If in PA, please confirm.

    – David Siegel
    2 hours ago















2















Is the school district under in loco parentis, permitted to seek and hospitalize a child who is in a mental health crisis, when the school cannot reach the parent ow without contacting the parent. There is no attempted suicide or any injury to the student. Is the school able to contact the local emergency crisis program and have the child seen without parent consent? Any help would be greatly appreciated. Thank you.










share|improve this question













migrated from politics.stackexchange.com 8 hours ago


This question came from our site for people interested in governments, policies, and political processes.













  • 1





    Not a political question, definitely a legal question. A bit...unnerving to imagine a government entity (Washington County BHDS) getting legal advice from a forum though. Don't you have a legal team you can ask?

    – David Rice
    11 hours ago











  • I am moving this to Law Stack Exchange.

    – Philipp
    8 hours ago











  • My answer below assumes the state of PA based on a google result. If the OP is in another state, please indicate the state. If in PA, please confirm.

    – David Siegel
    2 hours ago













2












2








2








Is the school district under in loco parentis, permitted to seek and hospitalize a child who is in a mental health crisis, when the school cannot reach the parent ow without contacting the parent. There is no attempted suicide or any injury to the student. Is the school able to contact the local emergency crisis program and have the child seen without parent consent? Any help would be greatly appreciated. Thank you.










share|improve this question














Is the school district under in loco parentis, permitted to seek and hospitalize a child who is in a mental health crisis, when the school cannot reach the parent ow without contacting the parent. There is no attempted suicide or any injury to the student. Is the school able to contact the local emergency crisis program and have the child seen without parent consent? Any help would be greatly appreciated. Thank you.







united-states






share|improve this question













share|improve this question











share|improve this question




share|improve this question










asked 12 hours ago







Washington County BHDS











migrated from politics.stackexchange.com 8 hours ago


This question came from our site for people interested in governments, policies, and political processes.









migrated from politics.stackexchange.com 8 hours ago


This question came from our site for people interested in governments, policies, and political processes.









  • 1





    Not a political question, definitely a legal question. A bit...unnerving to imagine a government entity (Washington County BHDS) getting legal advice from a forum though. Don't you have a legal team you can ask?

    – David Rice
    11 hours ago











  • I am moving this to Law Stack Exchange.

    – Philipp
    8 hours ago











  • My answer below assumes the state of PA based on a google result. If the OP is in another state, please indicate the state. If in PA, please confirm.

    – David Siegel
    2 hours ago












  • 1





    Not a political question, definitely a legal question. A bit...unnerving to imagine a government entity (Washington County BHDS) getting legal advice from a forum though. Don't you have a legal team you can ask?

    – David Rice
    11 hours ago











  • I am moving this to Law Stack Exchange.

    – Philipp
    8 hours ago











  • My answer below assumes the state of PA based on a google result. If the OP is in another state, please indicate the state. If in PA, please confirm.

    – David Siegel
    2 hours ago







1




1





Not a political question, definitely a legal question. A bit...unnerving to imagine a government entity (Washington County BHDS) getting legal advice from a forum though. Don't you have a legal team you can ask?

– David Rice
11 hours ago





Not a political question, definitely a legal question. A bit...unnerving to imagine a government entity (Washington County BHDS) getting legal advice from a forum though. Don't you have a legal team you can ask?

– David Rice
11 hours ago













I am moving this to Law Stack Exchange.

– Philipp
8 hours ago





I am moving this to Law Stack Exchange.

– Philipp
8 hours ago













My answer below assumes the state of PA based on a google result. If the OP is in another state, please indicate the state. If in PA, please confirm.

– David Siegel
2 hours ago





My answer below assumes the state of PA based on a google result. If the OP is in another state, please indicate the state. If in PA, please confirm.

– David Siegel
2 hours ago










1 Answer
1






active

oldest

votes


















1














According to PA Statutes 50 P.S. Mental Health § 7201




Any person 14 years of age or over who believes that he is in need of treatment and substantially understands the nature of voluntary treatment may submit himself to examination and treatment under this act, provided that the decision to do so is made voluntarily.  A parent, guardian, or person standing in loco parentis to a child less than 14 years of age may subject such child to examination and treatment under this act, and in so doing shall be deemed to be acting for the child.  Except as otherwise authorized in this act, all of the provisions of this act governing examination and treatment shall apply.




Section 7203 says:




Before a person is accepted for voluntary inpatient treatment, an explanation shall be made to him of such treatment, including the types of treatment in which he may be involved, and any restraints or restrictions to which he may be subject, together with a statement of his rights under this act.  Consent shall be given in writing upon a form adopted by the department.




Section 7204 says:




Upon the acceptance of an application for examination and treatment by a minor 14 years or over but less than 18 years of age, the director of the facility shall promptly notify the minor's parents, guardian, or person standing in loco parentis, and shall inform them of the right to be heard upon the filing of an objection.  Whenever such objection is filed, a hearing shall be held within 72 hours by a judge or mental health review officer, who shall determine whether or not the voluntary treatment is in the best interest of the minor.




Section 7301 says:




Whenever a person is severely mentally disabled and in need of immediate treatment, he may be made subject to involuntary emergency examination and treatment.  A person is severely mentally disabled when, as a result of mental illness, his capacity to exercise self-control, judgment and discretion in the conduct of his affairs and social relations or to care for his own personal needs is so lessened that he poses a clear and present danger of harm to others or to himself.




According to this ACLU page




A minor age 14 or older may consent to inpatient mental health treatment as long as the consent is knowing and voluntary. If minors ages 14 through 17 are admitted for inpatient care, their parents or guardians must be promptly notified. Once a minor gives consent to inpatient care, a parent or guardian cannot override that consent and remove the minor from care.




...




Minors ages 14 and older may consent to outpatient mental health examination and treatment without parental consent or notice. ... A parent or legal guardian may also consent to outpatient mental health examination and treatment on behalf of a minor without the minor’s consent. Neither the parent nor the minor may override the other’s consent. For outpatient care, there is no process for a minor to object to treatment, unlike inpatient care.




...




When an attempt to secure consent would result in a delay in treatment and would increase the risk to the minor patient’s life or health, the minor may receive health services without the prior consent of a parent or legal guardian.



This includes medical treatment and forensic examination following sexual assault




From all of that, it would seem that the child can consent if s/he is of age 14 or older. Treatment may be provided in the absence of consent if there is a "clear and present danger of harm to others or to himself" which seems to mean suicide attempts, or threats to others combined with actual attempts to carry out those threats, or actual violence to others. Absent parental consent, and absent any of those circumstances, it seems that all that can be done is to notify the parents.



But really, a lawyer should be consulted as I may have missed some significant law or cou4t decision. I am not a lawyer, and this is not legal advice. This is just what the law seems to say, on a quick online search.






share|improve this answer























  • There are Washington counties in several other states.

    – phoog
    2 hours ago






  • 1





    @phoog : There are indeed, but "Washington County BHDS" gave a google result only for PA

    – David Siegel
    2 hours ago











  • Aha! Very clever.

    – phoog
    1 hour ago










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1 Answer
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1 Answer
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active

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active

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1














According to PA Statutes 50 P.S. Mental Health § 7201




Any person 14 years of age or over who believes that he is in need of treatment and substantially understands the nature of voluntary treatment may submit himself to examination and treatment under this act, provided that the decision to do so is made voluntarily.  A parent, guardian, or person standing in loco parentis to a child less than 14 years of age may subject such child to examination and treatment under this act, and in so doing shall be deemed to be acting for the child.  Except as otherwise authorized in this act, all of the provisions of this act governing examination and treatment shall apply.




Section 7203 says:




Before a person is accepted for voluntary inpatient treatment, an explanation shall be made to him of such treatment, including the types of treatment in which he may be involved, and any restraints or restrictions to which he may be subject, together with a statement of his rights under this act.  Consent shall be given in writing upon a form adopted by the department.




Section 7204 says:




Upon the acceptance of an application for examination and treatment by a minor 14 years or over but less than 18 years of age, the director of the facility shall promptly notify the minor's parents, guardian, or person standing in loco parentis, and shall inform them of the right to be heard upon the filing of an objection.  Whenever such objection is filed, a hearing shall be held within 72 hours by a judge or mental health review officer, who shall determine whether or not the voluntary treatment is in the best interest of the minor.




Section 7301 says:




Whenever a person is severely mentally disabled and in need of immediate treatment, he may be made subject to involuntary emergency examination and treatment.  A person is severely mentally disabled when, as a result of mental illness, his capacity to exercise self-control, judgment and discretion in the conduct of his affairs and social relations or to care for his own personal needs is so lessened that he poses a clear and present danger of harm to others or to himself.




According to this ACLU page




A minor age 14 or older may consent to inpatient mental health treatment as long as the consent is knowing and voluntary. If minors ages 14 through 17 are admitted for inpatient care, their parents or guardians must be promptly notified. Once a minor gives consent to inpatient care, a parent or guardian cannot override that consent and remove the minor from care.




...




Minors ages 14 and older may consent to outpatient mental health examination and treatment without parental consent or notice. ... A parent or legal guardian may also consent to outpatient mental health examination and treatment on behalf of a minor without the minor’s consent. Neither the parent nor the minor may override the other’s consent. For outpatient care, there is no process for a minor to object to treatment, unlike inpatient care.




...




When an attempt to secure consent would result in a delay in treatment and would increase the risk to the minor patient’s life or health, the minor may receive health services without the prior consent of a parent or legal guardian.



This includes medical treatment and forensic examination following sexual assault




From all of that, it would seem that the child can consent if s/he is of age 14 or older. Treatment may be provided in the absence of consent if there is a "clear and present danger of harm to others or to himself" which seems to mean suicide attempts, or threats to others combined with actual attempts to carry out those threats, or actual violence to others. Absent parental consent, and absent any of those circumstances, it seems that all that can be done is to notify the parents.



But really, a lawyer should be consulted as I may have missed some significant law or cou4t decision. I am not a lawyer, and this is not legal advice. This is just what the law seems to say, on a quick online search.






share|improve this answer























  • There are Washington counties in several other states.

    – phoog
    2 hours ago






  • 1





    @phoog : There are indeed, but "Washington County BHDS" gave a google result only for PA

    – David Siegel
    2 hours ago











  • Aha! Very clever.

    – phoog
    1 hour ago















1














According to PA Statutes 50 P.S. Mental Health § 7201




Any person 14 years of age or over who believes that he is in need of treatment and substantially understands the nature of voluntary treatment may submit himself to examination and treatment under this act, provided that the decision to do so is made voluntarily.  A parent, guardian, or person standing in loco parentis to a child less than 14 years of age may subject such child to examination and treatment under this act, and in so doing shall be deemed to be acting for the child.  Except as otherwise authorized in this act, all of the provisions of this act governing examination and treatment shall apply.




Section 7203 says:




Before a person is accepted for voluntary inpatient treatment, an explanation shall be made to him of such treatment, including the types of treatment in which he may be involved, and any restraints or restrictions to which he may be subject, together with a statement of his rights under this act.  Consent shall be given in writing upon a form adopted by the department.




Section 7204 says:




Upon the acceptance of an application for examination and treatment by a minor 14 years or over but less than 18 years of age, the director of the facility shall promptly notify the minor's parents, guardian, or person standing in loco parentis, and shall inform them of the right to be heard upon the filing of an objection.  Whenever such objection is filed, a hearing shall be held within 72 hours by a judge or mental health review officer, who shall determine whether or not the voluntary treatment is in the best interest of the minor.




Section 7301 says:




Whenever a person is severely mentally disabled and in need of immediate treatment, he may be made subject to involuntary emergency examination and treatment.  A person is severely mentally disabled when, as a result of mental illness, his capacity to exercise self-control, judgment and discretion in the conduct of his affairs and social relations or to care for his own personal needs is so lessened that he poses a clear and present danger of harm to others or to himself.




According to this ACLU page




A minor age 14 or older may consent to inpatient mental health treatment as long as the consent is knowing and voluntary. If minors ages 14 through 17 are admitted for inpatient care, their parents or guardians must be promptly notified. Once a minor gives consent to inpatient care, a parent or guardian cannot override that consent and remove the minor from care.




...




Minors ages 14 and older may consent to outpatient mental health examination and treatment without parental consent or notice. ... A parent or legal guardian may also consent to outpatient mental health examination and treatment on behalf of a minor without the minor’s consent. Neither the parent nor the minor may override the other’s consent. For outpatient care, there is no process for a minor to object to treatment, unlike inpatient care.




...




When an attempt to secure consent would result in a delay in treatment and would increase the risk to the minor patient’s life or health, the minor may receive health services without the prior consent of a parent or legal guardian.



This includes medical treatment and forensic examination following sexual assault




From all of that, it would seem that the child can consent if s/he is of age 14 or older. Treatment may be provided in the absence of consent if there is a "clear and present danger of harm to others or to himself" which seems to mean suicide attempts, or threats to others combined with actual attempts to carry out those threats, or actual violence to others. Absent parental consent, and absent any of those circumstances, it seems that all that can be done is to notify the parents.



But really, a lawyer should be consulted as I may have missed some significant law or cou4t decision. I am not a lawyer, and this is not legal advice. This is just what the law seems to say, on a quick online search.






share|improve this answer























  • There are Washington counties in several other states.

    – phoog
    2 hours ago






  • 1





    @phoog : There are indeed, but "Washington County BHDS" gave a google result only for PA

    – David Siegel
    2 hours ago











  • Aha! Very clever.

    – phoog
    1 hour ago













1












1








1







According to PA Statutes 50 P.S. Mental Health § 7201




Any person 14 years of age or over who believes that he is in need of treatment and substantially understands the nature of voluntary treatment may submit himself to examination and treatment under this act, provided that the decision to do so is made voluntarily.  A parent, guardian, or person standing in loco parentis to a child less than 14 years of age may subject such child to examination and treatment under this act, and in so doing shall be deemed to be acting for the child.  Except as otherwise authorized in this act, all of the provisions of this act governing examination and treatment shall apply.




Section 7203 says:




Before a person is accepted for voluntary inpatient treatment, an explanation shall be made to him of such treatment, including the types of treatment in which he may be involved, and any restraints or restrictions to which he may be subject, together with a statement of his rights under this act.  Consent shall be given in writing upon a form adopted by the department.




Section 7204 says:




Upon the acceptance of an application for examination and treatment by a minor 14 years or over but less than 18 years of age, the director of the facility shall promptly notify the minor's parents, guardian, or person standing in loco parentis, and shall inform them of the right to be heard upon the filing of an objection.  Whenever such objection is filed, a hearing shall be held within 72 hours by a judge or mental health review officer, who shall determine whether or not the voluntary treatment is in the best interest of the minor.




Section 7301 says:




Whenever a person is severely mentally disabled and in need of immediate treatment, he may be made subject to involuntary emergency examination and treatment.  A person is severely mentally disabled when, as a result of mental illness, his capacity to exercise self-control, judgment and discretion in the conduct of his affairs and social relations or to care for his own personal needs is so lessened that he poses a clear and present danger of harm to others or to himself.




According to this ACLU page




A minor age 14 or older may consent to inpatient mental health treatment as long as the consent is knowing and voluntary. If minors ages 14 through 17 are admitted for inpatient care, their parents or guardians must be promptly notified. Once a minor gives consent to inpatient care, a parent or guardian cannot override that consent and remove the minor from care.




...




Minors ages 14 and older may consent to outpatient mental health examination and treatment without parental consent or notice. ... A parent or legal guardian may also consent to outpatient mental health examination and treatment on behalf of a minor without the minor’s consent. Neither the parent nor the minor may override the other’s consent. For outpatient care, there is no process for a minor to object to treatment, unlike inpatient care.




...




When an attempt to secure consent would result in a delay in treatment and would increase the risk to the minor patient’s life or health, the minor may receive health services without the prior consent of a parent or legal guardian.



This includes medical treatment and forensic examination following sexual assault




From all of that, it would seem that the child can consent if s/he is of age 14 or older. Treatment may be provided in the absence of consent if there is a "clear and present danger of harm to others or to himself" which seems to mean suicide attempts, or threats to others combined with actual attempts to carry out those threats, or actual violence to others. Absent parental consent, and absent any of those circumstances, it seems that all that can be done is to notify the parents.



But really, a lawyer should be consulted as I may have missed some significant law or cou4t decision. I am not a lawyer, and this is not legal advice. This is just what the law seems to say, on a quick online search.






share|improve this answer













According to PA Statutes 50 P.S. Mental Health § 7201




Any person 14 years of age or over who believes that he is in need of treatment and substantially understands the nature of voluntary treatment may submit himself to examination and treatment under this act, provided that the decision to do so is made voluntarily.  A parent, guardian, or person standing in loco parentis to a child less than 14 years of age may subject such child to examination and treatment under this act, and in so doing shall be deemed to be acting for the child.  Except as otherwise authorized in this act, all of the provisions of this act governing examination and treatment shall apply.




Section 7203 says:




Before a person is accepted for voluntary inpatient treatment, an explanation shall be made to him of such treatment, including the types of treatment in which he may be involved, and any restraints or restrictions to which he may be subject, together with a statement of his rights under this act.  Consent shall be given in writing upon a form adopted by the department.




Section 7204 says:




Upon the acceptance of an application for examination and treatment by a minor 14 years or over but less than 18 years of age, the director of the facility shall promptly notify the minor's parents, guardian, or person standing in loco parentis, and shall inform them of the right to be heard upon the filing of an objection.  Whenever such objection is filed, a hearing shall be held within 72 hours by a judge or mental health review officer, who shall determine whether or not the voluntary treatment is in the best interest of the minor.




Section 7301 says:




Whenever a person is severely mentally disabled and in need of immediate treatment, he may be made subject to involuntary emergency examination and treatment.  A person is severely mentally disabled when, as a result of mental illness, his capacity to exercise self-control, judgment and discretion in the conduct of his affairs and social relations or to care for his own personal needs is so lessened that he poses a clear and present danger of harm to others or to himself.




According to this ACLU page




A minor age 14 or older may consent to inpatient mental health treatment as long as the consent is knowing and voluntary. If minors ages 14 through 17 are admitted for inpatient care, their parents or guardians must be promptly notified. Once a minor gives consent to inpatient care, a parent or guardian cannot override that consent and remove the minor from care.




...




Minors ages 14 and older may consent to outpatient mental health examination and treatment without parental consent or notice. ... A parent or legal guardian may also consent to outpatient mental health examination and treatment on behalf of a minor without the minor’s consent. Neither the parent nor the minor may override the other’s consent. For outpatient care, there is no process for a minor to object to treatment, unlike inpatient care.




...




When an attempt to secure consent would result in a delay in treatment and would increase the risk to the minor patient’s life or health, the minor may receive health services without the prior consent of a parent or legal guardian.



This includes medical treatment and forensic examination following sexual assault




From all of that, it would seem that the child can consent if s/he is of age 14 or older. Treatment may be provided in the absence of consent if there is a "clear and present danger of harm to others or to himself" which seems to mean suicide attempts, or threats to others combined with actual attempts to carry out those threats, or actual violence to others. Absent parental consent, and absent any of those circumstances, it seems that all that can be done is to notify the parents.



But really, a lawyer should be consulted as I may have missed some significant law or cou4t decision. I am not a lawyer, and this is not legal advice. This is just what the law seems to say, on a quick online search.







share|improve this answer












share|improve this answer



share|improve this answer










answered 3 hours ago









David SiegelDavid Siegel

12.7k2348




12.7k2348












  • There are Washington counties in several other states.

    – phoog
    2 hours ago






  • 1





    @phoog : There are indeed, but "Washington County BHDS" gave a google result only for PA

    – David Siegel
    2 hours ago











  • Aha! Very clever.

    – phoog
    1 hour ago

















  • There are Washington counties in several other states.

    – phoog
    2 hours ago






  • 1





    @phoog : There are indeed, but "Washington County BHDS" gave a google result only for PA

    – David Siegel
    2 hours ago











  • Aha! Very clever.

    – phoog
    1 hour ago
















There are Washington counties in several other states.

– phoog
2 hours ago





There are Washington counties in several other states.

– phoog
2 hours ago




1




1





@phoog : There are indeed, but "Washington County BHDS" gave a google result only for PA

– David Siegel
2 hours ago





@phoog : There are indeed, but "Washington County BHDS" gave a google result only for PA

– David Siegel
2 hours ago













Aha! Very clever.

– phoog
1 hour ago





Aha! Very clever.

– phoog
1 hour ago

















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