Pa. Code 5221.51

Consumer preparation and freedom of choice

This section governs consumer rights and participation procedures within Pennsylvania's intensive case management (ICM) program for individuals with mental illness or emotional disorders. It establishes that consumers (or parents of minor consumers) have the right to refuse ICM, participate in case manager assignment, and request changes to their assigned case manager. Providers must document termination decisions, obtain county administrator approval before terminating a consumer from ICM, and may not terminate consumers for noncompliant behavior resulting from mental illness. Special provisions address the rights and roles of children aged 14 and older and their parents in service planning and consent.

55 Pa. Code § 5221.51 - Consumer preparation and freedom of choice 

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(a)
 A consumer or parent, if the consumer is
 a child, has the right to refuse to participate in intensive case management
 without prejudice to other parts of his treatment program.

(b)
 Case management staff shall be assigned
 with the participation of the person to be served or parents, if the person is
 a child. When a person needs intensive case management but the person or the
 parents, if the person is a child, does not wish to participate in the
 assignment process, the circumstances and efforts to gain participation shall
 be documented.

(c)
 Request for
 assignment or change of an intensive case manager by an adult or the parents of
 a child shall be made if possible. Requests of this nature and the outcome
 shall be documented.

(d)
 The
 intensive case manager shall continue to provide services to an assigned case
 unless the consumer or parent, if the consumer is a child, requests a change or
 the need for services ends.

(e)

 Consumers may not be terminated from service for nonattendance or noncompliant
 behavior that results from mental illness or emotional disorder.

(f)
 No service decisions may be made in
 violation of a consumer's civil rights.

(g)
 When it is necessary to terminate a
 consumer from intensive case management, the circumstances and rationale shall
 be fully documented and approved by the county administrator prior to
 termination.

(h)
 The parent with
 whom a child is living shall act on behalf of the child in service planning.
 The child shall be encouraged to participate in the process insofar as the
 child is able and insofar as participation is age and functionally
 appropriate.

(i)
 Persons readmitted
 to intensive case management shall be assigned to the intensive case manager
 who had previously assisted the person whenever possible, unless the consumer
 or parents, if the consumer is a child, object.

(j)
 A parent may act on behalf of the child
 in decisions relating to services and shall be involved in decisions involving
 the formation of, and change in, a service plan.

(k)
 A child 14 years of age or older may
 consent to treatment or discharge without the consent of the parent if the
 child substantially understands the nature of treatment and may sign and
 release records under section 201 of the Mental Health Procedures Act
 (
50
 P. S. §
 
7201
).

(l)
 If the child 14 years of age or older
 acts independently, the parents shall be notified and have a right to
 object.

Notes

55

 Pa. Code §
 
5221.51

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