Do I have the legal right to remove my child from a mental Health Facility?
My 15 yr. old was voluntarily admitted to a treatment center for depression...they said about 4 to 7 days.....can I now take her out even if they say she needs to stay longer? (It has been 7 days)
Mental Health - 9 Answers
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1 :
OF COURSE IT IS YOUR CHILD
2 :
I think another question lies in this question. Your 15 yr old is depressed and you realize that. Why would you want to rush her out of treatment? She is receiving treatment and it takes longer than this amount of time to address her depression. Why not stand back and allow her to get the help that she needs, for her own sake? She may need a prescription to help her stay focused. If so, the doctors may be monitoring how the prescription is working for her. IF she attempted suicide you, certainly, want to realize why. Leaving her with the doctors for a while may allow your daughter the time she needs to realize how precious her life is. Please, don't rush this. Allow your daughter time to adjust.Allow her to speak to professionals about her feelings. You could rush her exit, but, it would defeat the purpose.
3 :
I don't know if you legally can or not, but know this; nowadays, the government takes full control of your child, which is totally wicked.
4 :
it is your child, so you do have the legal right, unless the court forced you, but since you said you did it, you may withdraw your child, though I highly encourage you not to
5 :
I can only answer based on UK law. Yes you can remove her - but it would be best if done through negotiation with her Responsible Medical Officer (RMO - the consultant Psychiatrist). It is unusual to admit someone of such age without ther being real concern for her safety. Bear in mind that as well as mental health law, she is also subject to the Children's Act. The RMO and Social Services would have to have extreme concerns for her safety or the safety of others to use the law to prevent you from removing her. They may want to stress to you that you will assume sole responsibility for her safety after discharge. Try to reach a compromise. Also, ask what services could be used as an alternative to in-patient care. Edit: just want to add - what they CAN NOT do is use a 'threat' of detention, i.e. tell you that IF you try to remove her, they will then detain her. This is in contravention of Mental Health Law - as it informally compels you to do what they want, and yet doesn't afford you the rights of formal detention.
6 :
I voluntarily admitted myself to a child/adolescent psychiatric hospital in WI when I was 16 (I'm now 17), and I remember my parents signing something giving up that right. There was some documentation signed that said something about court and the court deciding if the child stays if the parents want to remove her. It likely depends on where you live. But please, don't take her out if she's not ready to go. I wasn't ready to leave, and my insurance ran out. At over a grand a day, we couldn't afford it. Hospitalization helped, but it would have helped much more had I been allowed to stay. (I got discharged at the discretion of my docotors, who thought I was ready). Make this decision in your daughter's best interest. Please. I'm begging you for her.
7 :
Yes, you can remove your child. It's what known as "against medical advice" (commonly referred to AMA). A couple things to keep in mind though... One thing you should know is that if you do remove her AMA, your insurance company will not likely cover the expenses of her inpatient stay for the time she was there. Insurance companies usually only pay for inpatient stays where the child was discharged according to doctor's orders. I believe one day of inpatient treatment is about $1,000, so if she's been there a week, that would be $7,000 (approximately) that you would have to be paying out of pocket for her inpatient stay. One more thing to know...when they said 4-7 days originally, that was the estimated time they thought she would be there based on the symptoms she was presenting with at that time. Circumstances change...for example, if they put her on medication while she was there and she has not responded well to it or was on a medication and then had to switch her to another one, then they have to observe her for a couple days to see how she will react to the medication. They are not keeping her there any extra time that she doesn't need to be there for...if they're keeping her longer than was originally anticipated, then it's for a reason. If you have any questions, feel free to call her doctor, therapist, or the nursing staff at her facility. They will more than likely be happy to answer any questions you might have about your daughter's treatment. They appreciate when parents are involved in their child's care. Good luck and hope this helps.
8 :
Yes, if the treatment center fights it you can go in front of the judge and petition him or her for a release.
9 :
I'm a nursing supervisor of an adolescent unit. I have worked in MO and IL and yes, you do have the legal right to remove your child,...in most cases. Are you her actual legal guardian? Are you the one who signed her in to the facility? If you answered yes, then you may request her discharge. Some places have a "Five Day Notice" that you can give notice that within 5 days, you wish her discharge from the hospital. Communicate with the nurses and psychiatrists and therapists. Explain your concerns, get answers, find out what you can do to help your daughter in the best way. A dr. may also discharge "AMA" or Against Medical Advice which means that she is not an immediate threat of self/other harm, but still needs intensive psychiatric care. Oftentimes, insurance will not cover if AMA is processed. If you are not her legal guardian, then you do not have the right to remove her. If she is a threat of harm to herself or others, the psychiatrist may take temporary custody for her safety. Some things to think about. You placed your child in a facility to recieve help. You entrusted them to care for and treat your child. You want the best for your child. The facility needs your full cooperation to best assist her. Four to seven days is a very short stay; compared to an entire lifetime, it is but a minute. A few weeks away in a hospital is nothing compared to a lifetime away from a loved one who has suicided. Hospitalization is meant for stabilization from a threat to harm oneself or others. The physician is most likely evaluating her mental status, her ability to function adequately, how well she responds to medication(s). It is also necessary to set up discharge criteria as to where she will followup when she goes home... ie the psychiatrist, a psychologist, a counselor or therapist, outpatient, support group, etc. All of these things take time and most of all, family support. I always tell families at the facility where I work that the USUAL length of stay is 7 to 10 days, but it could be shorter or longer than this depending on the individual. It is different for everyone. My main concern is for the reason you wish for her to be discharged when the facility team recommends a longer stay and what is your goal for your daughter? Are you homesick for her to be home? Are you unhappy with the care or the facility? Do you feel she is completely healed now? Whatever the reason, the main focus is on your daughter and what is best for her and her safety. You brought her to the hospital for a reason... If you are homesick for her, that is normal and okay. But remember, she won't be there forever and it is very temporary of a stay. A few more days may be what she needs to better stabilize. If you are unhappy with the care or the facility, speak to the supervisor of your concerns. If you feel she is completely healed right now, she has you fooled. Depression is a lengthy illness and takes much time and energy and most of all support to heal. I hope you find this helpful. Blessings to you and your daughter.
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