Louisiana Revised Statutes 40:1079.13 – Consent requirements
Terms Used In Louisiana Revised Statutes 40:1079.13
- Child: means an unmarried individual under the age of eighteen. See Louisiana Revised Statutes 40:1079.12
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Facility: means an entity licensed by the Louisiana Department of Health that provides a broad range of diagnostic, treatment, and rehabilitation services on both a scheduled and nonscheduled basis in an accessible residential or nonresidential setting by qualified professionals to persons and their families in need of counseling or treatment related to alcohol abuse and alcoholism, or drug abuse, or both. See Louisiana Revised Statutes 40:1079.12
- preventive counseling: means services, general guidance and support, or service coordination, including but not limited to individual and group counseling, support services, and education about alcohol and other drugs and their effects, which are provided by a qualified professional to prevent a child from developing or suffering from alcoholism, alcohol or drug addiction, alcohol or drug abuse, or related physical, emotional, or mental health problems. See Louisiana Revised Statutes 40:1079.12
- Qualified professional: shall include :
(a) A certified substance abuse counselor or certified prevention counselor. See Louisiana Revised Statutes 40:1079.12
- School: means any public elementary or secondary school in the state of Louisiana operated by a city or parish school board or any nonpublic school approved by the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 40:1079.12
- Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a child or to prevent deterioration in his condition or behavior as it relates to drug or alcohol abuse. See Louisiana Revised Statutes 40:1079.12
A. A school or a facility may provide preventive counseling or treatment to a child without parental consent if all of the following conditions are met:
(1) The child requests such preventive counseling or treatment.
(2) The child withholds permission to contact a parent or parents to seek consent.
(3) A qualified professional reasonably determines in good faith and based on independent evidence that seeking parental consent would not be helpful and would be harmful to the child.
(4) The child provides a statement of his or her reason for seeking preventive counseling or treatment and provides written consent for such services.
B. When requesting a child’s written consent for providing preventive counseling or treatment, the school or facility shall comply with all of the following:
(1) Advise the child of the purpose and nature of the preventive counseling or treatment.
(2) Inform the child that the school or facility will maintain a confidential written record of the services provided.
(3) Inform the child that he or she may withdraw consent and cease participating in the preventive counseling or treatment at any time.
Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from La. Rev. Stat. 40:1098.3 by HCR 84 of 2015 R.S.