To What Extent Do Legal Frameworks Support Adolescent Mental Health?
Siraj Albalushi, Volunteer - EngagePolitica
As far as the general wellbeing is concerned, mental health is a key issue that should be addressed especially by young people who are undergoing significant changes in their lives both physically and socially. The legal environment for mental health care of teenagers has to be appreciated so that they can be given the necessary support and protection. This article examines statutes concerning teenage mental healthcare, rights to obtain psychiatric services as well as law implications pertaining to psychological issues within schools and juvenile correctional facilities.
Laws Associated with the Provision of Mental Healthcare for Adolescents
Consent and Confidentiality
Age of Consent: The legal age at which adolescents are permitted to provide consent for mental health treatment without parental approval may differ by jurisdiction. Counselors or therapists in some areas can be as young as 12 years old.
Confidentiality: Ensuring confidentiality for teenagers seeking mental health care is crucial. However, there are also confidentiality laws which strike a balance between protecting parental rights and ensuring that the child’s life is not in danger.
Mandatory Reporting
Duty to Report: Often times, mental health professionals are mandated reporters who have to report suspected abuse, neglect, or immediate risk to the appropriate authorities. This can create conflicts between keeping secrets and ensuring safety for the teenager.
Access to Services
Insurance and Funding: There are legal provisions that ensure that insurance covers mental health services such as Medicaid. For instance, in the United States, families can receive coverage through programs like Children’s Health Insurance Program (CHIP).
School-Based Services: Many laws require or encourage schools to have mental health services on-site thereby enhancing accessibility of support provided.
Teenagers’ Rights in Accessing Mental Health Services
Rights to Treatment
The entitlement of adolescents to suitable and swift mental health care which includes access to therapy, counseling, medication and crisis intervention services.
Informed Consent
A teenager should get information about various ways of treatment and outcomes with risks and benefits so that they can choose the best option for themselves.
Legal Ramification of Education
Education for Special Needs Students
As per (IDEA) like other statutes, the United States individuals with mental illnesses which impair their learning are entitled to special education services. These includes individualized educational plans as well as any other facilities that can enable them to perform well academically
Anti-discrimination Laws
In addition to section 504 of the Rehabilitation Act and Americans with Disabilities Act (ADA), no discrimination is allowed on bases of mental health conditions. Schools, therefore, must provide reasonable accommodations in order to achieve equal access to education.
School-Based Mental Health Programs
Within many jurisdictions, schools are required by law to have in place a team of professionals who can address mental health issues. The objective of such programs is aimed at providing early intervention, support and resources for students with problems related to mental health.
Implications under the Law in the Juvenile Justice System
Screening and Assessing Mental Health
It is increasingly becoming a demand for juvenile justice systems to screen and assess mental health of young offenders. Recognizing mental health problems early can pave way for more suitable interventions as well as diversion programs.
Treatment over Punishment
There is an increasing trend towards providing mental health care rather than punishments for children who break the law. In this regard, laws and standards advocate for rehabilitation as well as therapy instead of confinement.
Rights Protection
The right to psychiatric attention should be given to adolescents within the legal confines of a juvenile justice system and they must be treated with honor. Their mental health needs are catered through observance of legal safeguards that ensure no dreadful or degrading treatment is subjected upon them.
Conclusion
Understanding how law frames around adolescent’s mental healthcare is important in order to guarantee that teens can access the support and safeguards they require. These statutes are central in promoting young people’s psychological health from receiving services to protecting their rights within educational institutions and juvenile justice settings. It therefore means that there is a pressing need for robust policies on youth mental health as well as available resources supporting it.
About the Author
Siraj is a 15-year-old teen from Oman who is passionate about exploring various topics and writing about them. Siraj volunteers at EngagePolitica, where he actively participates in the community. Siraj is an ambitious individual who always likes to raise awareness about issues that face his community and other communities around the world, and he hopes to accomplish more achievements in the future.
Reference
Confidentiality and Consent in Child and Adolescent Mental Health Care." MedCentral Behavioral and Mental Health.
Belfer, Myron L. "Provision of Mental Health Care for Children and Adolescents: A Worldwide View." ResearchGate, May 2015.
Mental Health Support: 5 Legal Rights for Children and Teens." GeeksforGeeks. "Six Principles of IDEA." ASK Resource Center.
Section 504 of the Rehabilitation Act. U.S. Department of Labor.
Youth Justice System Overview. Juvenile Law Center.
Youth Justice System Explained. YouTube, uploaded by Juvenile Law Center, 28 July 2016.
Local Government Association. Children and young people's mental health: Independent review of policy and progress. Local Government Association.
Northumberland, Tyne and Wear NHS Foundation Trust. Legal aspects of treatment for children and young people. Northumberland, Tyne and Wear NHS Foundation Trust.