N.Y. Comp. Codes R. & Regs. tit. 14 § 305.7

Current through Register Vol. 46, No. 53, December 31, 2024

Section 305.7 - Provision of preventive alcoholism counseling services to a child without parental consent

(a) If a child refuses permission to contact parents to seek parental consent or if, in the opinion of a qualified professional, such contact would not be helpful and would be deleterious to the child, preventive alcoholism counseling services may be provided to the child without parental consent. However, during the course of the counseling, the qualified professional shall make attempts to obtain permission from the child to obtain parental consent for and parental involvement in the preventive alcoholism counseling services. The written record of the preventive alcoholism counseling services provided shall include a statement or statements relating to the reasons for the provision of preventive alcoholism counseling services without parental consent and of the attempts made to obtain such consent.

(b) Before a facility may provide preventive counseling services to a child without parental consent, the facility must obtain the written consent of the child to his or her evaluation and the receipt of preventive counseling services. Before requesting that the child sign such a consent, the child must be:

(1) advised of the purpose and nature of such preventive alcoholism counseling;

(2) told that he or she may withdraw the signed consent and cease participating in the preventive alcoholism counseling services at any time;

(3) told that the facility will make attempts to convince the child of the need for involvement of other household members in preventive alcoholism counseling services and the facility's preference for parental consent for the rendering of preventive alcoholism counseling services; and

(4) advised that a written record of his or her preventive alcoholism counseling services will be made and maintained by the facility.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 305.7