110 CMR 11.15 - Electroconvulsive Treatment or ECT (Shock Treatment)
(1)
Consent by Child if 16 Years
of Age or Older. No person other than the child may consent to ECT
if the child is 16 years of age or older and:
(a) is not a patient at a mental health
facility; or
(b) is on voluntary
admission status or conditional voluntary admission status to a mental health
facility.
(2)
Consent by Parents for Children in Department Care.
(a) When any individual, organization,
facility or medical provider seeks to administer ECT to a child under 16 years
of age who is in the care of the Department, the Department shall not consent
to such treatment nor shall the Department seek prior judicial approval for
administration of such treatment. The decision of whether to consent to ECT
shall remain with the parents.
(b)
If the Department has reason to believe that the parents are guilty of medical
neglect by their consent to ECT or by their refusal to consent to ECT, the
Department shall seek custody of the child through a court proceeding which
alleges medical neglect.
(c) The
110 CMR 11.15(2)(a) and (b) apply to any child under 16 years of age whether or
not the child consents to the administration of ECT.
(3)
Judicial Approval for
Children in Department Custody.
(a) When any individual, organization,
facility or medical provider seeks the Department's consent to administer ECT
to a child who is in Department custody, or to a ward of the Department, the
Department shall seek prior judicial approval for administration of such
treatment, even if the child's biological parents have consented to the
ECT.
(b) Where ECT has been
previously prescribed for a child in the custody of the Department, and that
child is currently being treated with ECT without judicial authorization, the
Department shall immediately initiate the process for judicial review and
application of substituted judgment. Pending judicial review the Department
shall not attempt to discontinue the prescribed treatment with ECT, because
interruption or discontinuance of the treatment might cause severe medical
complications and might violate the child's legal right to treatment.
Notes
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