MENTAL HEALTH TREATMENT
Who can consent to mental health treatment for a child?
The answer to this question depends on the age of the minor and whether the treatment is provided as inpatient or outpatient care.
Parents of children under the age of 14 are able to make most decisions regarding mental health treatment for their children, but they do not have unlimited authority over these decisions. Under Pennsylvania law, children age 14 or older have the ability to provide their own consent for mental health treatment. Although parents do not have legal authority to negate the consent to mental health treatment given by a child age 14 or older, parents have other rights in this area. For parents actively dealing with these issues, we recommend that you consult with legal counsel. The following information is intended to provide only general guidance in these matters.
Inpatient Mental Health Treatment
Who can consent to inpatient mental health treatment for a child?
A parent or guardian has the legal right to consent to inpatient treatment for a child under the age of 18 without the child’s consent. However, parental consent for inpatient treatment requires a recommendation by a physician, licensed clinical psychologist, or other mental health professional who determines that such treatment is necessary. Children under 18 cannot override parental consent to treatment. However, any child who is 14 or older has the right to legally object to continuing inpatient treatment and will be advised by the inpatient facility of that right. The child may object by filing a petition which requests a court hearing to evaluate the necessity of continuing treatment. Upon receiving a petition by the child, the court is required to hold a hearing within 72 hours.
A child who is 14 or older has the right to consent to inpatient mental health treatment without a parent’s consent. If a facility receives an application from a child age 14 or older for inpatient treatment, the facility must notify the child’s parents and advise them of their right to file an objection. If the parents do file an objection, the court must hold a hearing within 72 hours of receiving the petition to determine if the treatment is within the child’s best interest.
When can consent to inpatient treatment be revoked?
Parents may revoke their consent to treatment of a child at any time. However, a child age 14 years or older has the right to consent to continuing the treatment. If a child age 14 or older has consented to further treatment, parents cannot override their child’s consent without filing a petition with the court. A child who has consented to continuing treatment may revoke that consent unless the child’s parents consent to further treatment that is recommended by a mental health professional.
Additionally, parents cannot overturn each other’s consent. If both parents have legal custody rights and one objects to inpatient treatment, the non-consenting parent may file a petition in court. The court is required to hold a hearing within 72 hours.
Outpatient Mental Health Treatment
Who can consent to outpatient mental health treatment for a child?
A parent or guardian has the legal right to consent to outpatient treatment for a child under the age of 18 without the child’s consent. Unlike consent for inpatient mental health treatment, professional recommendation for outpatient mental health treatment is not necessary. Also, unlike the procedures for inpatient care, there is no procedure for a child to legally object to outpatient treatment.
A child age 14 or older has the legal right to consent to his/her own outpatient mental health treatment without the consent of a parent or guardian. A parent does not have the right to override their child’s consent in this case.
Citations:
- Minors’ Consent to Medical Care – 35 P.S. §10101.1 – §10101.2; Pennsylvania’s Mental Health Procedures Act, 50 P.S. §7204
This information is a general summary intended to provide parents and legal guardians with an overview of their rights in the following three areas of decision-making and treatment for their children: medical treatment, mental health treatment, and drug and alcohol treatment. This summary is not a substitute for legal advice and should not be relied upon as such. If you are dealing with a specific legal problem, it is recommended that you consult with an attorney who is knowledgeable in the specific area of the law.
