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Washington State Confidentiality Laws for Minors

Since January, children in Washington state as young as 13 can receive confidential treatment for mental illness and gender dysphoria with their parents` insurance — without their parents` consent. Meanwhile, lawmakers in other states have attempted to ban puberty blockers, cross-sex hormones and sex reassignment surgery for minors. So far, none of these measures has been successful. Planned Parenthood has regularly added puberty blockers and cross-sex hormones to its list of services, though their preservation depends on the state`s parental consent laws. Transgender people on YouTube describe how easy it is to get prescriptions from Planned Parenthood for transsexual hormones. For your information, under the current law, which remains in force and unchanged, a parent may induce or authorize the transfer of their adolescent to a separate psychiatric hospital, general acute care hospital or public psychiatric hospital and request that the young person be examined to determine whether inpatient treatment is required. You can also do this at a safe detoxification facility or an approved substance use disorder treatment program to assess substance use disorders. The consent of the young person is not required if one of the parents gives consent. There is no obligation to treat a young person under FIT, but the fact that the young person has not consented to treatment may not be the only reason for refusal. A young person may only be admitted if medically necessary. Now that the state is considering establishing school-based health clinics, Kim Wendt of Informed Parents of Washington warned that it will create a flow of funding between school districts and parental insurance companies. At a House Education Committee hearing earlier this year, Wendt said she was trying to “make other parents understand that they are slowly taking away our ability to be our children`s parents and are just making us their personal ATMs.” Parental notification cannot be given. If notification to parents is not possible or if a professional[2] does not refuse to notify a parent, the professional in charge of the facility must check the Washington State Missing Children Patrol website at least once every eight hours for the first 72 hours of treatment and once every 24 hours thereafter while the adolescent continues to receive inpatient services.

and until contact is made with a parent. east. If the young person`s disappearance is publicly reported, the professional must immediately notify the Ministry of Children, Youth and Families, and the report must include a description of the young person`s physical and emotional condition. Mental Health America ranks states based on incidence of mental illness and access to services. The agency`s 2020 ranking ranks Washington 43rd based on various measures indicating a higher prevalence of mental illness and lower rates of access to health care. Planned Parenthood has continually added puberty blockers and multigenic hormones to its list of services, though reception is dependent on the state`s parental consent laws. Transgender people on YouTube describe how easy it is to get prescriptions from Planned Parenthood for transgender hormones. Exceptions to parental consent laws have gradually expanded to include “gender-sensitive” care in some states. Oregon passed a law in 2015 allowing minors 15 and older to receive tax-funded puberty blockers, multigender hormones and gender reassignment surgery without parental consent. California passed a similar law for foster children in 2018.

State laws continue to promote youth empowerment, but family involvement is encouraged. According to the revised Washington Code (RCW 71.34.010): Now that the state is considering establishing school-based health clinics, Kim Wendt of Informed Parents of Washington warned that it will create a stream of funding between school districts and parental insurance companies. At a House Education Committee hearing earlier this year, Wendt said she was trying to “make other parents understand that, by law, they are slowly taking away our ability to be our children`s parents and just turning us into their personal ATMs.” The California Teachers Association, the state`s largest and most powerful teachers` union, quietly updated its policy in January, noting that school-based health clinics are necessary to “provide cisgender, transgender, and non-binary youth with equal and confidential access to the decision-making rights of students and their families.” Meanwhile, lawmakers in other states have tried to ban puberty blockers, transgender hormones and sex reassignment surgery for minors. A note on compliance with 42 CFR Part 2. The Federal Ordinance on Confidentiality of Patient Records for Substance Use Disorders provides special privacy protection for the records of patients for alcohol and drug abuse, including those of minors. There are strict and very strict rules under 42 CFR Part 2 regarding the disclosure of information without the written consent of the minor patient. Directors and suppliers are strongly advised to consult legal counsel if they are concerned about whether the regulations apply. Now, the state is considering a bill to establish health clinics on middle and high school campuses.

Parents fear that these clinics will persuade children to undergo dangerous and irreversible medical treatments such as puberty blockers and transsexual hormones to make their bodies look like the opposite sex. The purpose of this newsletter is to inform you about some legislative changes regarding behavioral health services for adolescents under the age of 13 to 17. The laws on minor-initiated processing, parent-initiated processing, and disclosure of medical information and records were all amended under HB 1874. WSHA has been working closely with legislators and stakeholders on this bill to ensure that changes to improve access to behavioral services for adolescents are consistent with existing state and federal laws and can be effectively implemented by hospitals. Since January, children 13 and older in Washington state can receive confidential treatment for mental illness and gender dysphoria with their parents` insurance — without their parents` consent. “Mental health and chemical dependence professionals must protect themselves from unnecessary hospitalization and deprivation of liberty, make treatment decisions based on clinical need in accordance with sound professional judgment, and encourage the use of volunteerism. Mental health and chemical dependence professionals should offer less restrictive alternatives to hospital treatment whenever clinically appropriate. In addition, all providers of psychiatric care and treatment ensure that parents of minor children have the opportunity to participate in decisions concerning the treatment of their minor children. “A note on compliance with 42 CFR Part 2. The Federal Ordinance on the Confidentiality of Patient Records in Cases of Alcohol and Tobacco Disorders provides special privacy protection for the records of patients for alcohol and drug abuse, including minors.

In many states, including Washington, D.C., teenage girls can drop out of school to have abortions or receive contraceptives without their parents` knowledge. The California Teachers Association, the state`s largest and most powerful teachers` union, quietly updated its policy in January, noting that school-based health clinics are needed to provide “cisgender, transgender, and non-binary youth with equal and confidential access to the decision-making rights of students and their families.” Understanding the legal authority to provide mental health and substance use disorder services based on who initiates treatment – the adolescent or a parent – and allowing or refusing to disclose related information or records is essential to complying with federal and state law.