Minors Policy

(Revised Feb 2023) Policy Regarding Minors

Aaron Collins, LMFT, LLC - DBA: AKUA Family Therapy 

AaronCollinsLMFT@gmail.com - (808) 646-3150 (call, text, voicemail)

Policy Regarding Minors

The involvement of children and adolescents in therapy can be highly beneficial to their overall development. Very often, it is best to see them with their parents/legal guardians and/or other family members; sometimes they are best seen alone. I will assess which might be best for your child and make recommendations to you. The support of all of the childʼs caregivers is essential, as well as their understanding of the basic procedures involved in counseling children. Efforts will be made to ensure that consent is obtained by appropriate parental/legal guardian figures for the mental health treatment of child/minor.

Please note that for all minor patients, we require the signature and authorization of both parents/legal guardians, except under special circumstances. Please see bellow. We also require proof and documentation for all legal guardians.

There are special circumstances under Hawaii State Law, where consent is not needed to treat minors. The minor consent law, Act 37 SLH 2020, allows minors 14 years of age or older, to consent to outpatient mental health services without the consent, knowledge or participation of their parents or legal guardians, upon consultation and agreement of their licensed therapist. Neither the minor nor their parents or legal guardian can be held liable for payment for these services. Licensed therapist may receive insurance reimbursement for these services by billing the minor's family health plan, and must inform the insurance plan that services are minor-initiated. Upon receiving notification from the therapist, the health plan cannot disclose to the minor's parents or legal guardians that minor-initiated mental health services were rendered.

The general goal of involving children in therapy is to foster their development at all levels. At times, it may seem that a specific behavior is needed, such as to get the child to obey or reveal certain information. Although those objectives may be part of overall development, they may not be the best goals for therapy. Again, I will evaluate and discuss these goals with you.

Because my role is that of the childʼs helper, I will not become involved in legal disputes or other official proceedings unless compelled to do so by a court of law. Matters involving custody and mediation are best handled by another professional who is specially trained in those areas rather than by the childʼs therapist.

Please be advised that therapy shall not be used as a substitute or otherwise construed as a substitute for medical or legal advice. If medical, legal or other professional advice is necessary, the parties agree to seek such advice as necessary.

The issue of confidentiality is critical in treating children. When children are seen by a therapist in the presence of their parents, legal guardians or other adults, what is discussed in therapy is known to those who are present and should be kept confidential except by mutual agreement. Children seen in individual sessions (except under certain conditions) are not legally entitled to confidentiality (also called privilege); their parents or legal guardians have this right. Please note that unless children feel they have some privacy in speaking with a therapist, the benefits of therapy may be lost. Therefore, it is necessary to work out an arrangement in which children feel that their privacy is generally being respected, while providing parents/legal guardians with access to critical information. This agreement must have the understanding and approval of the parents or legal guardians and of the child in therapy.

This agreement regarding treatment of minors has provisions for inserting individual details, which can be supplied by both the child and the adults involved. However, it is first important to point out the exceptions to this general agreement. The following circumstances override the general policy that children are entitled to privacy while parents or guardians have a legal right to information.

• Confidentiality and privilege are limited in cases involving child abuse, neglect, molestation, or danger to self or others. In these cases, the therapist is required to make an official report to the appropriate agency and will attempt to involve parents as much as possible.

• Minors may independently enter into therapy and claim the privilege of confidentiality in cases involving abuse or severe neglect, molestation, pregnancy, or communicable diseases, and when they are on active military duty, married, or officially emancipated. They may seek therapy independently for substance abuse, danger to self or others, or a mental disorder, but parents must be involved unless doing so would harm the child (These circumstances may vary from state to state, and the specific laws of each state must be followed.)

• Any evaluation, treatment, or reports ordered by or done for submission to a third party, such as a court or a school, is not entirely confidential and will be shared with that agency with your specific written permission. Please also note that I do not have control over information once it is released to a third party.

I (parent/guardian) will do my best to ensure that therapy sessions are attended and will not inquire about the content of sessions. If my child prefers/children prefer not to volunteer information about the sessions, I will respect his/her/their right not to disclose details. Basically, unless my child has/children have been abused or is/are a clear danger to self or others, the therapist will normally tell me only the following:

• whether sessions are attended

• whether my child is/children are generally participating or not

• whether progress is generally being made or not

The normal procedure for discussing issues that are in my childʼs/childrenʼs therapy will be joint sessions including my child/children, the therapist, and me and perhaps other appropriate adults. If I (parent/guardian) believe there are significant health or safety issues that I need to know about, I will contact the therapist and attempt to arrange a session with my child/children present. Similarly, when the therapist determines that there are significant issues that should be discussed with parents, every effort will be made to schedule a session involving the parents and the child/children. I (parent/guardian) understand that if information becomes known to the therapist and has a significant bearing on the childʼs/childrenʼs well-being, the therapist will work with the person providing the information to ensure that both parents are aware of it. In other words, the therapist will not divulge secrets (confidential information) except as mandated by law, but may encourage the individual who has the information to disclose it for therapy to continue effectively.

I agree that my child should have privacy in his/her/their therapy sessions, and I agree to allow this privacy except in extreme situations, which I will discuss with the therapist. At the same time, except under unusual circumstances, I understand that I have a legal right to obtain this information.

Please ask before signing below if you have any questions about our Policy Regarding Minors. Your signature indicates that you have read our Policy and Procedures Consent Contract and agree to enter therapy under these conditions. Your signature below indicates that you are making an informed choice to consent to therapy and understand and accept the terms of this agreement. 

BY SIGNING BELOW I AM AGREEING THAT I HAVE READ, UNDERSTOOD AND AGREE 

TO THE ITEMS CONTAINED IN THIS DOCUMENT.

Please ask before signing below if you have any questions about psychotherapy or our office policies.  Your signature indicates that you have read our Policy and Procedures Consent Contract and agree to enter therapy under these conditions. Your signature below indicates that you are making an informed choice to consent to therapy and understand and accept the terms of this agreement.

Print Name of Patient/ Parent/Legal Guardian   Signature of Parent/Legal Guardian      Date 

________________________________ _________________________________    ______ 

Print Name of Parent/Legal Guardian   Signature of Parent/Legal Guardian      Date 

________________________________ _________________________________       ______ 

Print Name of Therapist                           Signature of Therapist                   Date 

________________________________ _________________________________       ______