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Ask the Advocate

My teenager was told by their clinician that they had the right to refuse Mental Health in PA when they turned 14. Is that true?

There are PA laws and regulations which govern a youth’s ability to consent to, refuse, and obtain medical treatment for themselves, including mental health treatment.  Basically, a parent or guardian has the right to consent to mental health treatment for a youth up to age 18. If the parent consents to outpatient mental health treatment , including medication, the youth does not have the right to refuse. The youth may also consent to mental health treatment, with or without the parent’s permission or knowledge.  The rules are different for  inpatient (hospital and residential) treatment. Parents may consent to inpatient treatment, but the youth has rights to refuse. 
For drug and alcohol treatment, a parent may also act with the court to compel treatment for their child to age 18.

Rights to review and control mental health medical records are awarded to a youth at age 14, although a parent retains the right to know what is the course of treatment, diagnosis, and medicine being prescribed.

For a very complete explanation of family and youth rights to consent to mental health treatment in Pennsylvania, please see:

Consent to Treatment and Confidentiality Provisions Affecting Minors in Pennsylvania 2nd Edition, available at:  http://jlc.org/publications/5/consent-to-treatment-and-confi/.