Performance of Services without Informed Consent

(1) A social worker shall not perform or attempt to perform any social work service or function without the informed consent of the client or prospective client who is to receive that service or, in the case of a service recipient who lacks the legal capacity to give valid consent, the informed consent of an individual who is legally authorized to give consent on behalf of that client or prospective client. (2) Where the client or prospective client who is to receive the social work service is not mentally competent to give legally valid consent to the performance or provision of that service, the social worker shall not perform or attempt to perform that service without the prior written consent of a guardian appointed by a court of competent jurisdiction to act on behalf of that client or prospective client. (3) Where the client or prospective client who is to receive the social work service is a minor, the informed consent of at least one of that minor’s parents or the minor’s legal guardian is required before the social work service is performed or provided, unless: (a) The minor is married, widowed or divorced; (b) The minor is the parent of a child himself or herself; (c) The minor is a member of any of the armed forces of the United Stats; (d) The minor is living separate and apart from his or her parent(s) or legal guardian and is managing his or her own financial affairs; (e) The minor reasonably believes that he or she is suffering from, or has come into contact with, a disease defined as dangerous to the public health pursuant to M.G.L. c. 111, § 6, and the service(s) to be performed pertain to the diagnosis or treatment of that disease; or (f) The best interests of the minor will be served by not notifying his or her parent(s) or legal guardian of the performance of the proposed service(s), and the social worker reasonably believes that the minor fully understands the nature of the proposed service(s) and the risks and benefits of those service(s).