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(See Virginia §54.1-2969, E) . [See footnote #1.] Therefore, under HIPAA, a Virginia minor who enters mental health treatment under his/her own authority and by giving his/her own consent is considered to be “the patient,” retaining all the rights afforded to adult patients.

(a) 'Minor' means a female person under the age of 16. (b) 'Emancipated minor' means any minor female who is or has been married or has, by court order or otherwise, been freed from the care, custody, and control of her parents or any other legal guardian.

The Privacy Rule allows covered health care providers to share protected health information for treatment purposes without patient authorization, as long as they use reasonable safeguards when doing so. These treatment communications may occur orally or in writing, by phone, fax, e-mail, or otherwise.

a. If a minor is 14 years of age or over, then either the minor, or a parent, legal custodian, or legal guardian may give written consent to a licensed treatment facility or community provider for voluntary, outpatient treatment.

(b) Consent so given by a minor 12 years of age or over shall, notwithstanding his or her minority, be valid and legally effective for all purposes, regardless of whether such minor's profession of pregnancy or contagious disease is subsequently medically confirmed, and shall be binding upon such minor, his or her ...

Karyl Thomas Rattay, MD, MS, is the Director of the Delaware Division of Public Health.

PROMISE (Promoting Optimal Mental Health Through Supports and Empower- ment) is a comprehensive individualized behavioral health program for adults 18 and over, designed to provide specialized- recovery oriented services for this specific population.

In the State of Delaware, a civil commitment procedure allows for the involuntary confinement of individuals with mental health problems at risk of dangerousness. In order for this to occur, the person must be evaluated and thought to be an acute risk to himself or others.