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.