What Is “Mental Health Treatment”?

Florida law provides either parent may consent to their child’s mental health treatment. But, what is “mental health treatment? Are there definitions of “mental health treatment” that may guide divorcing parents? The answer is there are definitions of “mental health treatment.” Such definitions may guide parents and their Florida collaborative practice team. That way, parents in collaborative divorce may attempt to clarify their intent about “mental health treatment” for their child. Florida Juvenile Justice System – Techniques That Constitute “Mental Health Treatment” of Children First, parents and their Collaborative Divorce team may consider prevention, early intervention, control, and rehabilitative treatment of delinquent behavior. The Florida Juvenile Justice System may provide guidance. Regulations, which implement the Florida Juvenile Justice System under Chapter 985, Florida Statutes, include Florida Administrative Code, Rule 63N-1.0081. This regulation lists techniques that constitute “mental health treatment” of children. Such treatment includes: Individual Therapy or Counseling (a) Individual therapy or counseling, which is one-to-one counseling between a youth with a diagnosed Mental Disorder and a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional. Individual counseling or therapy shall be a planned and structured face-to-face therapy session designed to address the youth’s symptoms and accomplish the goals and objectives in the youth’s Initial or Individualized Mental Health Treatment Plan. Individual counseling or therapy shall be based on evidence-based therapy models such as cognitive behavioral therapy, reality therapy, gestalt therapy or rational emotive therapy, or identified as promising practices in published quantitative research showing positive outcomes and demonstrated effectiveness in mental health treatment. Group Therapy or Counseling (b) Group therapy or counseling, which is an assembly of youths who have a diagnosed Mental Disorder and a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional for the purpose of using the emotional interactions of members of the group to help them get relief from distressing symptoms and to modify their behavior. 1. Group therapy/counseling shall be a planned and structured face-to-face therapy session designed to address the youths’ symptoms and accomplish the goals and objectives in the youths’ Initial or Individualized Mental Health Treatment Plans. 2. Group therapy/counseling shall be based on evidence-based treatment models such as cognitive behavioral therapy, reality therapy, gestalt therapy or rational emotive therapy and evidence-based curricula or curricula identified as promising practices in published quantitative research showing positive outcomes and demonstrated to be effective in mental health treatment. 3. Group therapy/counseling provided in DJJ residential commitment programs designated for Specialized Treatment Services shall not exceed a group size of 10 youths with mental health diagnoses. Family Counseling or Therapy (c) Family counseling or therapy, which is an assembly of a youth with acute or chronic Mental Disorder, his/her family members such as the youth’s parents or guardians and siblings, and a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional for the purpose of improving the youth’s and family’s functioning in areas which appear to impact his/her Mental Disorder. Family counseling or therapy must be based on effective treatment approaches such as family systems therapy, functional family therapy and multi-systemic therapy or identified as promising practices in published quantitative research showing positive outcomes and demonstrated to be effective in family counseling. Behavior Therapy (d) Behavior therapy, which is a mode of treatment provided by a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional, for the purpose of modifying the behavior of a youth with a diagnosed Mental Disorder by assisting him/her in learning new, more acceptable and adaptable forms of behavior. 1. Behavior therapy shall be designed to address the effects of the youth’s symptoms on his/her behavior and accomplish the goals and objectives in the youth’s Individualized Mental Health Treatment Plan. 2. Behavior Analysis Services must be provided by a Licensed Mental Health Professional, Board Certified Behavior Analyst or Certified Behavior Analyst. Psychosocial Skills Training (e) Psychosocial Skills Training, which is a face-to-face therapeutic activity designed to address specific skill deficits or maladaptive behaviors and promote skill development and improved functioning of youths with Mental Disorder. Psychosocial Skills Training must be provided by a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional. Psychosocial Skills Training must address the specific deficits or maladaptive behaviors identified in the youth’s Initial of Individualized Mental Health Treatment Plan. Juvenile sexual offender therapy and juvenile sexual offender treatment (f) Juvenile sexual offender therapy and juvenile sexual offender treatment shall be conducted, managed or supervised in accordance with Sections 490.012(8) or 491.012(1)(n), Florida Statutes. Requirements for “mental health treatment services” include: Definition of “Mental Illness” under the Florida Mental Health Act (Baker Act) Second, when considering definitions of mental health treatment, parents and their collaborative team may look to the Florida Mental Health Act (The Baker Act). The Baker Act covers involuntary mental health examination and placement for persons with mental illness. See section 394.455(29), Florida Statutes. The Act defines “mental illness”: “Mental illness” means an impairment of the mental or emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality, which impairment substantially interferes with the person’s ability to meet the ordinary demands of living. For the purposes of this part, the term does not include a developmental disability as defined in chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse. Definition of “Mental Health Services” under the Florida Community Substance Abuse and Mental Health Services Act Third, Florida’s Community Substance Abuse and Mental Health Services Act may guide parents thinking about definitions of mental health treatment. Section 394.67(16), Florida Statutes defines “Mental health services”: Mental Health Services “Mental health services” means those therapeutic interventions and activities that