MindWeal Health Joint Custody and App Access Policy

Introduction

At MindWeal Health, we recognize that joint custody arrangements can present unique challenges when it comes to managing a child's mental health care. Our Joint Custody and App Access Policy is designed to promote clear communication and ensure that all guardians are involved in the decision-making process, in alignment with legal custody agreements. This policy outlines the responsibilities of all Guardians, ensuring that the child's mental health services are coordinated smoothly and fairly while safeguarding the interests of all parties involved.

Process During New Patient Onboarding

• Legal Guardian Requirement: Only legal guardians are permitted to create a patient account during the onboarding process. The guardian initiating the registration will be asked to provide information about any other legal guardians involved in the child’s care.
• Parenting Agreement Disclosure: As part of this process, they will be required to disclose whether a court-ordered parenting agreement exists and, if applicable, provide a copy to MindWeal Health.
• Designation of Primary Guardian: The legal guardian setting up the account and completing onboarding process is designated as the Primary Guardian and is informed of their responsibilities under this policy.

Primary Guardian Access

In cases where parents share joint custody and have equal authority in healthcare decisions, the Primary Guardian will be our main point of contact and will be responsible for managing the patient’s account within the MindWeal app. The MindWeal app allows only one login per patient, meaning that only the Primary Guardian will have access. The Secondary Guardian will not have direct access to the app but remains entitled to information about the child’s care. If the Primary Guardian is unavailable in an emergency, MindWeal Health will contact the Secondary Guardian as needed.

Responsibilities of Primary Guardian

• The Primary Guardian is responsible for providing accurate details about any additional legal guardians so that their names can be added to the patient’s chart. This ensures that if the Secondary Guardian reaches out to MindWeal, our staff can discuss protected health information with them as permitted by HIPAA regulations.
• The Primary Guardian is also responsible for keeping the Secondary Guardian informed about all communications from MindWeal Health, including appointment reminders, treatment updates, and notifications, as our system does not automatically send updates to multiple guardians. 

Right of the Secondary Guardian

MindWeal Health uses the terms "Primary Guardian" and "Secondary Guardian" solely for administrative purposes to facilitate effective coordination of care. These designations do not affect the legal rights or responsibilities established by a court order. If no court order is in place, all legal guardians retain equal decision-making authority, and MindWeal will honor these rights accordingly.

Although the Secondary Guardian does not have direct access to the MindWeal app, they can obtain information about the child’s care by contacting MindWeal through phone, email, or the website chatbot. The Primary Guardian is responsible for sharing important updates, including appointment details and scheduling information, with the Secondary Guardian. For virtual visits, both guardians may use the same access link to ensure equal participation in the child’s care.

Conflict Resolution

MindWeal Health does not routinely require proof of guardianship from the parent who completes the onboarding process. However, if a guardian who did not set up the account informs us that they were not included in their child’s care, we will request proof of guardianship if their name is not listed in the patient’s chart.

To ensure the child’s well-being, all guardians must work together collaboratively. Our goal is to support this process by providing clear communication and guidance. If a conflict or miscommunication arises, we will take the following steps:

• Joint Education & Communication: We will send a joint email to both guardians outlining our policies, their respective rights, and responsibilities.
• Clinical Discussion Session: We will offer a joint clinical session to facilitate discussion and clarify any misunderstandings.

During these interactions, we will remind both guardians that their shared goal is the child’s mental wellness and that effective coordination is essential for their care.

Non-Compliance with Policy

Our priority is to support the child’s mental wellness, and we encourage all guardians to work collaboratively to ensure continuity of care. However, failure to adhere to this policy may result in the patient’s discharge from MindWeal Health’s services.

Conflicting Instructions and Treatment Disputes

If MindWeal Health receives conflicting instructions from multiple guardians regarding the patient’s mental health services, we will pause the provision of care until a consensus is reached. In cases where guardians disagree on the treatment plan, MindWeal Health will provide expert recommendations, but the final decision will require mutual agreement from all legal guardians. If an agreement cannot be reached and the conflict negatively impacts the child’s care, MindWeal reserves the right to discontinue services.

Lack of Communication Between Guardians

If the Primary Guardian does not communicate essential information to the Secondary Guardian, or if the Secondary Guardian refuses to receive or acknowledge necessary information, it can create barriers to effective coordination of care. Additionally, persistent conflicts or a lack of communication between guardians may disrupt the child’s treatment. If efforts to resolve these issues are unsuccessful, MindWeal may determine that continued care is not feasible and reserves the right to discontinue services.