When it comes to physical healthcare, parents and guardians have a lot of influence over the care their children receive. Mental healthcare, however, can have some significant differences to account for a variety of situations where a parental influence could be a barrier to care.

Fact: Minors, including teenagers, have the right to consent to both physical and mental health care and treatment without the consent, or even knowledge, of their parents.

Unfortunately, mental healthcare for minors can be very situational, variable, and in a distressingly high number of situations, simply unavailable. It’s important to know your rights as a parent and your child’s rights to the care they deserve.

There is some good news. As of early 2025, courts have determined that the state of Michigan must work to improve mental health services for minors, a process that is already underway. While the end result remains to be seen, the situation looks to be well on its way to improving. For example, the state is initiating a single referral form process for Medicaid patients and standardizing mental health assessments using MichiCANS for patients under 21.

Before we begin, a disclaimer. In addition to our usual medical disclaimer, we’re not lawyers. This post is meant to be informative, but there can be nuances to the laws that we don’t cover that can be impactful. The state’s mental health code is hundreds of pages long, after all. Beyond that, the law can change. When in doubt, consult with a lawyer familiar with the current state of Michigan’s laws regarding minor rights and mental healthcare.

DISCLAIMER: This article is for informational and educational purposes only and should not be considered medical or psychological advice. The information presented here is not intended to diagnose, treat, cure, or prevent any mental health condition or replace professional therapeutic care. Every individual's experience with trauma and mental health is unique. Please consult with a qualified mental health professional, therapist, or healthcare provider to determine the most appropriate treatment approach for your specific situation. If you are experiencing a mental health crisis or emergency, please contact your local emergency services or crisis hotline immediately.

Who Constitutes a Minor? A Parent?

This might not seem like an important distinction, but the law needs proper definitions to apply.

A minor is defined, legally, by MCL 722.1 as a person under the age of 18 years old.

When it comes to mental health services, minors are often divided by another age line as well: 14. Minors under the age of 14 have different rights than teenagers ages 14-17. Since today’s post is focusing on teenagers, we’ll primarily be addressing that 14-17 age group.

Similarly, legally speaking, who is a parent with the potential rights to know or make decisions about the mental health care of their children?

A parent can mean natural parents who were married prior to the birth of the minor. It can also mean adoptive parents, if the minor has been legally adopted. If the minor is illegitimate, the mother is defined as the parent by the same MCL section as above.

You might also encounter “person in loco parentis.” This means a person who is not the parent or guardian of a minor, but who has legal custody or physical custody and is providing them with support. This is generally used for cases where a minor is being cared for in the absence of their lawful guardians; the person providing that care has rights similar to lawful parents.

Throughout this post, we’ll use “parent” frequently, but this is shorthand for parent, guardian, or person in loco parentis.

Minors can also be legally emancipated. Emancipation can come from a court order, from marriage, or from military active duty. Emancipated minors are allowed to make their own decisions free from parental influence.

Additionally, a minor can be considered emancipated enough to make their own decisions specifically for routine, minor, nonsurgical medical care when in the custody of law enforcement or the Department of Corrections, and their parents cannot be readily located.

Another important definition is “Minor Requiring Treatment.” This is the legal definition used when a minor is considered not capable of making their own mental health decisions, and can be used as the justification for involuntary commitment to a mental health inpatient treatment program. Much like with adults, the bar is high, as we covered previously on this blog.

A Minor Requiring Treatment, according to MCL 330.1498b, is either:

• A minor with a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
• A minor having a severe or persistent emotional condition characterized by seriously impaired personality development, individual adjustment, social adjustment, or emotional growth, which is demonstrated in behavior symptomatic of that impairment.

It takes a lot to reach that definition legally, but it can still happen. Generally speaking, though, a minor should not be afraid to seek treatment for fear of being “put away” or committed without their consent.

Can a Teenager Receive Mental Healthcare Without Parental Consent?

Yes.

There are a few restrictions, pursuant to MCL 330.1707.

A minor aged 14-17 can request and receive mental health services without the knowledge or consent of a parent, guardian, or person in loco parentis. However, there are some limitations.

• The care cannot be pregnancy termination (abortion) services. However, minors can receive pregnancy testing, prenatal care, and birth control information (as well as contraceptives) without parental knowledge. They can also receive STI testing.
• The care cannot include the use of psychotropic drugs. However, they are allowed to receive both inpatient and outpatient substance use treatment without parental knowledge.
• If the care provider determines that there is a compelling need for disclosure due to potential substantial harm to someone, including the minor themselves. If this is the case, the minor must be informed of the provider’s intent before they inform the parents.

Critically, in cases where a mental health provider is required by law as a mandatory reporter to report child abuse, neglect, or other violation of child protection laws, the provider is not required to hide or fail to report under the above provisions. The identification of signs of child abuse lies with the provider and is defined by MCL 330.1723.

Providers are also required to, as much as possible, promote a positive relationship with the minor’s parent or guardian, rather than undermine their values, unless those values are harmful to the minor. In other words, a mental health provider isn’t allowed to do something like encourage a minor to leave their parent’s church, but they are not required to encourage a relationship if parents are abusive.

There is also a limitation to the amount of care that can be provided to a minor before the parents need to be informed. Specifically:

“Services provided to a minor under this section shall be limited to not more than 12 sessions or 4 months per request for services. After the twelfth session or fourth month of services the mental health professional shall terminate the services or, with the consent of the minor, notify the parent, guardian, or person in loco parentis to obtain consent to provide further outpatient services.”

If a minor seeks mental health care without parental knowledge or consent, they are the ones responsible for any costs for services; the parents cannot be held liable for costs for services they were not aware of.

What Treatment Requires Parental Consent?

We’ve outlined what minors can receive without parental knowledge or consent.

They can also receive more with parental consent.

• Parental consent is required for treatment that goes beyond the 12-session or 4-month limit.
• Parental consent is required for inpatient mental health treatment (other than substance use treatment).
• Parental consent is required for pre-exposure prophylaxis (PREP) if not at a Title X clinic; if at a Title X clinic, it’s available without parental consent.

Parental consent is generally required for most inpatient treatment of any sort other than for substance use, and for most medical procedures, including vaccinations.

Do Parents Have a Right to the Minor’s Medical Information?

This is a slightly trickier question to answer.

Broadly speaking, parents have the right to access medical records and treatment information for their children. However, there are exceptions, specifically to close the potential loophole of parents requesting medical records to find treatment a child requested without parental knowledge.

Specifically, under the Medical Records Access Act, MCL 333.26261, if the minor lawfully obtained their care without the consent or notification of the parents, guardians, or in loco parentis individuals, those records are not accessible to the parents. Legally speaking:

“The minor has the exclusive right to exercise the rights of a patient with respect to those medical records relating to that care.”

HIPAA rules also apply as normal. Additionally, parents can agree to allow confidentiality between the minor and the provider; if this is the case, they can’t rescind that permission later and access records they agreed to waive access to.

In cases of suspected or confirmed child abuse or violence situations, and cases where the welfare of the minor may be endangered, a provider can refuse to provide a parent with access to medical records as well.

Another quirk worth considering is part of the Michigan Child Custody Act. This act, among other things, allows non-custodial parents equal right to access medical records for their child, unless the courts say otherwise. A court can determine that the non-custodial parent isn’t granted access to those records.

This access does not supersede the other access rules, but does allow for a divorced parent to be part of the medical awareness of their children.

All of this access is also revoked once the minor turns 18 and is legally emancipated as an adult. While the minor can still grant access to their parents for whatever purpose they like, they don’t have to.

There’s also another threshold, one that many parents have reached without realizing it. When a child turns 11, they gain some control over their medical records, and parents no longer have full access. Only certain information is restricted, like appointment information and visitation notes, largely related to things like sexual care, psychiatric care, and primary care.

All of this is why it can be very important to review the paperwork related to consent when initiating any sort of medical or mental health treatment; those are the pages describing the rights and restrictions on both the minor and the parent.

Can a Minor be Involuntarily Admitted?

Yes, under specific circumstances, similar to the circumstances involved for adults of age.

A minor can be involuntarily hospitalized if they meet the definition of a Minor Requiring Treatment as listed above. Additionally:

• The minor’s parent, guardian, or a person acting in loco parentis for the minor, in compliance with other subsections, DHS or a county juvenile agency, requests hospitalization.
• The minor is found to be suitable for hospitalization.

The minor themselves can request hospitalization, or they can be found suitable for hospitalization under the usual definitions.

As with adults, if someone in crisis is reported as a Minor Requiring Treatment and is admitted under an emergency situation, they will not be held against their will after the crisis has passed. Emergency admission has a lower bar, but does not easily transition to full admission without review by psychologists or court orders.

Certain factors cannot be used as the sole reason to justify hospitalization. These include epilepsy, developmental disability, brief intoxication and substance use, juvenile offenses like truancy or incorrigibility, sexual activity, religious activity/beliefs, or political activity/beliefs.

The bar is high for adults, and higher for minors; the state does not want parents to use commitment or the threat of commitment as a threat or punishment.

How BMC-Troy Can Help

At BMC-Troy, we provide the best mental health services we can across different needs and specialties. We offer medication management, individual therapy, specialized therapies like EMDR/PIT/TRE, family counseling, and more.

If you’re a minor seeking treatment, it’s important to know your rights. You are free to contact us with full confidentiality to discuss your concerns and see if you qualify for treatment, and what we can offer you.

If you’re a parent of a minor and want to help your child get treatment, you are also free to contact us. You can also fill out our new patient intake form directly, including on behalf of your child.

We’re proud to help in providing mental health care to the greater Detroit area, so if you have a need for our services, don’t hesitate to reach out. If nothing else, we can help point you in the right direction.