§ 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.