Consent Yes paparentandfamilyalliance org PA Mental Health Consent Law FAQ Who can consent to a minor receiving mental health treatment Parents or legal guardians A minor between the ages of 14 17 What does inpatient treatment mean All mental health treatment that requires fulltime or part time residence in a facility that provides mental health treatment What makes inpatient treatment consent different Once a child has been admitted to an inpatient treatment facility either parent or the child can request a hearing to determine if inpatient treatment is appropriate and necessary The child will stay at the facility while the judge makes a ruling Can a parent refuse to allow treatment once a child age 1417 has consented If a parent who has legal custody rights disagrees with the other parent about consent to a child s inpatient treatment they can file a petition in the court of common pleas and a hearing will take place within 72 hours of the filing https www paparentandfamilyalliance org mental health faq What about children under the age of 14 Parental consent is required for children under age 14 to receive mental health treatment What happens if a child age 14 17 takes away their consent The treatment will be stopped UNLESS a parent or legal guardian gives their consent in that case the treatment will continue This document updated March 2022 Want to learn more or read the law yourself Click here or scan this QR code Can a parent say no after another parent already said yes no no no This option does not apply to outpatient treatment What about parental disagreement to inpatient treatment Can a child age 14 17 refuse treatment once a parent has consented We understand because we ve been there The Parent Alliance support parents anywhere in the state of PA who have children who are struggling with social emotional behavioral or mental health challenges including substance abuse Give us a call 570 664 8615 or visit our website
Consent paparentandfamilyalliance org PA Mental Health Consent Law FAQ What is inpatient treatment Mental health treatment that involves full time overnight care inside a mental health facility Who can consent to a minor receiving mental health treatment Parents or legal guardians A minor between the ages of 14 17 What is outpatient treatment Treatment that is NOT overnight in a mental health facility the patient goes home in between treatments like a typical doctor appointment What makes inpatient treatment consent different If either the minor or the legal guardian rejects inpatient treatment they can file an objection with the facility and there will be a hearing scheduled The court would hear the case and then decide whether or not the care is in the best interest of the minor What about parental disagreement to inpatient treatment If a parent who has legal custody rights disagrees with the other parent about consent to a child s inpatient treatment they can file a petition in the court of common pleas and a hearing will take place within 72 hours of the filing Act 147 of 2004 Act 147 35 P S 10101 1 10101 2 addresses who can provide consent to voluntary mental health treatment for minors who are 14 years of age and less than 18 years of age minors in both inpatient and outpatient settings Act 147 should be read and implemented in conjunction with the Mental Health Procedures Act MHPA which is mentioned in Act 147 and which applies to involuntary and inpatient treatment See 50 P S 7103 55 Pa Code 5100 4 a Can a parent refuse to allow treatment once a child age 14 17 has consented no Can a child age 14 17 refuse treatment once a parent has consented no What happens if a child age 14 17 takes away their consent The treatment will be stopped UNLESS a parent or legal guardian gives their consent in that case the treatment will continue What about children under age 14 Parental consent is required for children under age 14 to receive mental health treatment For more in depth information on this and other questions related to Mental Health Consent visit https www dhs pa gov Services PA Recovery Documents Overview 20of 20Act 20147 pdf