Legal issues in residential treatment.
Residential treatment centers face increasingly complex legal issues in the current environment. For example, this article described some of the complex federal and state requirements related to the preservation of confidentiality and the conditions under which the breaking confidentiality is permitted. A general summary of informed consent requirements was presented. With respect to confidentiality and consent issues, the intricate web of rights of noncustodial parents and the state laws of guardianship and statewardship make the mix of legal considerations even more difficult. Staff of all residential facilities nationwide must be well versed in their respective state's abuse and neglect reporting laws, because they are all likely"mandated reporters." The issue of whether a particular residential facility accepts public funds also may alter certain legal mandates under which the facilities must operate. Overall, the purpose of this article was to acquaint the reader with relevant legal concepts involved in opening, operating, and maintaining a specialized residential facility for children.
Whitted
Brooke R
BR
Whitted & Cleary, LLC, 3000 Dundee Road, Suite 303, Northbrook, IL 60062-2422, USA. WhittedLaw@aol.com
D000293:Adolescent; D002648:Child; D003219:Confidentiality; D004282:Documentation / Q000592:standards; D017007:Duty to Warn / Q000331:legislation & jurisprudence; D005190:Family; D006801:Humans; D001523:Mental Disorders / Q000628:therapy*; D028701:Patient Rights / Q000331:legislation & jurisprudence; D018907:Privacy / Q000331:legislation & jurisprudence; D011613:Psychotherapy; D012114:Residential Treatment / Q000331:legislation & jurisprudence*; D014481:United States