If this minor does not fulfill any of the circumstances mentioned above, such as being emancipated. B or remove a handicap from minorities, you risk taking a big chance by signing the agreement with them. Some states extend data protection to minors who go beyond HIPAA. For example, California gives minors the right to control their own health information, if they have the right to receive care. If a state offers more data protection rights to a child than the child under federal law, a therapist must respect state law. NOA agreements do not work in China, but NNN agreements have no reason to disclose information they do not want to share with their parents if there is no guarantee of confidentiality. But often the information they don`t want to disclose is the information that is most important to them in therapy. Keep in mind that minors are allowed to sign contracts. The real signature is not the problem. The problem is to ensure that the treaty is valid and properly implemented.
“Because I work with many families of conflicting divorces, many of the children and adolescents I see in therapy have their own advice from minors. When a minor has his own lawyer, that lawyer has the privilege of child therapy, and they often work with me to maintain emotional security as a priority for the child`s counsel. Even if a parent urges me to get information, I can refer them to the minor`s counsel who will work to protect the child`s privacy,” says Lois Rossignol, PhD, a marital and family therapist in Yorba Linda, California. For optimal therapy, a person must be able to reveal thoughts, feelings, experiences and behaviours without fear of judgment. They must also have confidence that their therapist will not pass this information on to third parties. The ability to be vulnerable in therapy can support a strong therapeutic alliance and help a person recover more quickly. However, for minors, the right to privacy is limited in treatment. A confidentiality agreement, short for NOA, is an agreement between two or more parties that is committed to respecting the confidentiality of certain information exchanged during the activity. Today, it is not uncommon for miners to sign contracts. A complex network of federal and regional laws, professional ethics and legal interpretations by different courts governs the right of minors to confidentiality during treatment.
Data protection issues are complex legal issues that rarely have a simple answer. Therapists, parents and others who have particular concerns about confidentiality may wish to speak to a lawyer who has made statements about the laws in their state. The real question is, “Will the confidentiality agreement be applicable?” And that, my friends, is a whole different story. But the signatories should be wary. From a legal point of view, minors can sign contracts; including confidentiality agreements. Anyone who knows their name can sign on the points line as long as the other party agrees to the terms. So what is fundamental to understand is that you are good at the law for entering into a non-disclosure with a minor. But be careful that the minor can withdraw from the agreement at any time, and you probably won`t have recourse to get him through the courts. The key is that the confidentiality agreement must really be in the best interests of minors, without their interests being otherwise protected. As I said earlier, if the minor decides to no longer comply with the terms of the confidentiality agreement, there is no doubt that the contract can be cancelled and there will not be much you can do to enforce it. For this and other reasons, minors enter into such legal and other contracts, as would any other businessman or businesswoman in the same situation.