Wednesday, March 14, 2018

Referral, Consent, Treatment & Juveniles in Tennessee

Here's what Tennessee law (Tennessee Code Annotated) says about ...

1. Referring a minor for counseling (TCA 33-8-202):

(a)  If a child with serious emotional disturbance or mental illness is sixteen (16) years of age or older, the child has the same rights as an adult with respect to outpatient and inpatient mental health treatment, medication decisions, confidential information, and participation in conflict resolution procedures under this title except as provided in part 3 of this chapter, or as otherwise expressly provided in this title. If the child's parent, legal guardian, legal custodian, or treating professional believes that the child's decision to terminate treatment, other than a request for discharge under chapter 6, part 2 of this title, will have severe adverse effects on the child, the conflict resolution procedures under chapter 2, part 6 of this title shall be used.
  • (b)  An outpatient facility or professional may provide treatment and rehabilitation without obtaining the consent of the child's parent, legal guardian, or legal custodian. 

2. A minor consenting to counseling (TCA 33-3-104):

Information about a service recipient that is confidential under § 33-3-103 may be disclosed with the consent of: (1) The service recipient who is sixteen (16) years of age or over; (2) The conservator of the service recipient; (3) The attorney in fact under a power of attorney who has the right to make disclosures under the power; (4) The parent, legal guardian, or legal custodian of a service recipient who is a child; (5) The service recipient's guardian ad litem for the purposes of the litigation in which the guardian ad litem ...


3. A minor consenting to the releasing of their confidential information (TCA 49-6-303(d)):

(d)  The school counselor may refer or help facilitate a referral of a parent or legal guardian's student to a counselor or therapist for mental health assessments or services. If a school counselor refers a student to a counselor or other mental health provider, neither the LEA nor the school counselor shall bear the cost of such services provided to the student.