MGL c.6A, §§ 16P-16S Yolanda's law: enhancing children's mental health treatment:
- § 16P Coordination of clinically-appropriate behavioral health services for children; monthly report
- § 16Q Children's behavioral health advisory council; members; terms; powers and duties; annual report
- § 16R Geographically-based interagency review team for disabled children who qualify for services from multiple agencies
- § 16S Coordination of purchase of behavioral health services for children
MGL c.69, § 8A Michael's Law: Emergency response plan for schools
MGL c.111, § 24E Access to contraception
MGL c.111, § 222 Concussion and sports participation
MGL c.112, § 12E Access to drug treatment
MGL c.112, § 12F Emergency treatment of minors
Any minor may give consent to his medical ... care ... if (i) he is married ... or (ii) he is the parent of a child ... or (iii) he is a member of any of the armed forces; or (iv) she is pregnant or believes herself to be pregnant; or (v) he is living separate ... from his parent or legal guardian, and is managing his own financial affairs; or (vi) he reasonably believes himself to be suffering from .. any disease defined as dangerous to the public health
Selected case law
Comm. v. Twitchell, 416 Mass. 114 (1993)
The parents of a seriously ill 2.5 year old child had a common law duty to seek medical treatment for their child, the violation of which, if their conduct was wanton or reckless, could support a conviction of involuntary manslaughter in the child's death, and the spiritual healing provisions of G. L. c. 273, § 1, a statute concerning child support and care, and not apply to foreclose the parents' prosecution for involuntary manslaughter.
Custody of a Minor, 375 Mass. 733 (1978)
Concluding that the child's "right to live" and the "state's duty to enforce that right" outweighed the family's interests in privacy and autonomy, the judge found the child in need of care and protection, and ordered the child committed to the legal custody of the DPW for the purpose of receiving chemotherapy. Physical custody remained with the parents so long as they obeyed the order of the court.
[D]enial of the recommended medical treatment means certain death for the minor, whereas continuation of such treatment offers him substantial hope for life.
Felder v. Children's Hospital Corp., 97 Mass. App. Ct. 620 (2020)
Duty owed to parents. A child's health care providers have a duty to obtain informed consent for treatment of the patient, which involves discussing treatment decisions with parents or guardians. But a "psychiatrist treating a minor child does not have an obligation also to treat the child's parents, or other family. Nor does a psychiatrist owe a general duty to the parents to 'facilitate' the child's relationship with them, or to provide the parents 'reasonable aftercare.'"
Rosie D. v. Romney, 410 F.Supp. 2d 18 (2006)
Massachusetts "violated ...provisions of the Medicaid Act by failing to offer necessary medical services to children in this Commonwealth who suffer from serious emotional disturbances."
Children with special health care needs, Mass.gov
Includes links to sources of information and assistance in a wide variety of areas of children's health
Children's behavioral health initiative (CBHI), Children's Law Center
An effort by MassHealth to provide more community-based behavioral health or mental health services to youth under the age of 21 with MassHealth and who meet certain criteria. Sometimes these services are also called "Rosie D." services. Explains eligibility and more.
Concussion information, MIAA
Includes information for schools, coaches, and parents on the concussion law and concussion policies
Consent to medical treatment by minors in Massachusetts, Juvenile Rights Advocacy Project
Outlines the consent laws for minors seeking medical treatment under a variety of circumstances
In Massachusetts, Medicaid and the Children’s Health Insurance Program (CHIP) are combined into one program called MassHealth
Parents' how-to guide on children's mental health services in Massachusetts, 3d ed., 2011
Boston Bar Association. Includes steps for getting help, paying for services, services in your child's school, and more
Quick reference on CBHI mental health services for youth, Children's Law Center, 2013.
Massachusetts must provide "behavioral health screening, diagnostic evaluation, and an array of new behavioral health services to children up to age 21 who have MassHealth." Explains services available and how to access them.
Responding to scenes involving minors refusing treatment or transport, Office of Emergency Medical Services 1/18/05
Provides guidance to emergency medical personnel on how to respond to minors refusing treatment in accordance with Mass. law
Students with comfort care/do not resuscitate orders, Mass. Dept. of Education, November 30, 2004
In response to requests from several Massachusetts school districts, the following guidelines for the care of students with Comfort Care/Do Not Resuscitate Orders were developed in consultation with the Massachusetts Department of Public Health (MDPH) Office of Emergency Medicine and the MDPH Legal Office.
Child welfare practice in Massachusetts, MCLE, loose-leaf, chapter 21: Medical and mental health treatment for children in DSS custody
Handbook on the legal rights of minors, Mental Health Legal Advisors Committee, 2001
Health for teens in care: a judge's guide, by Karen Aileen Howze, ABA, 2002
Power of court or other public agency to order medical treatment for child over parental objections not based on religious grounds, 97 A.L.R.3d 421
Protecting children in a changing world: advocacy strategies for children's rights, by Susan F. Cole, MCLE, 2003
|Last updated:||June 23, 2020|