Minor’s and Informed Consent:
What Every MFT Should Know
Robert W. Marrs, MS, LMFT
AAMFT Approved Supervisor
On Behalf of Wisconsin Association for Marriage and Family Therapy
Minor’s, Informed Consent, & Mental Health
Services (Ss. 51.14, 51.30, 51.45, DHS 92)
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If the child is age 14 years or
older, the parent and the child
must agree to mental health
treatment
Either a parent, or a child age 1417, may release the mental
health record
Parents have a right to access
the child’s mental health record
until age 18 (unless the parent
has been denied periods of
physical placement)
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If the child wants mental health
treatment but the parent/guardian
refuses, the child may petition a
county mental health review
officer (MHRO)
If the parent/guardian wants
treatment but the child refuses,
the agency clinic director must
petition the MHRO for a review
Minor’s, Informed Consent, & Mental Health
Services (Ss. 51.14, 51.30, 51.45, DHS 92)
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The name of the Mental Health Review Officer
(MHRO) for your county can be found on the
following website:
http://www.dhs.wisconsin.gov/clientrights/MHRO.htm
Minor’s, Informed Consent, & Alcohol & Other
Drug Abuse (Ss. 51.47 / DHS 92:05-06)
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If the child is age 12 years or
older, the child may receive
preventive care, diagnostic
services, assessment,
evaluation, or treatment for drug
and/or alcohol abuse, without
the parent’s consent, if the
facility is licensed, approved, or
certified by the state
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If the child is age 12 or older,
inpatient AODA information may
not be disclosed without the
written consent of both the minor
and the parent/guardian
If the child is age 12 or older,
outpatient and detoxification
services may be released with
only the consent of the child
If the child is age 12 or older,
parents may not access the
AODA information without the
consent of the minor
Minor’s, Informed Consent, & Reproductive
Health (Ss. 940.04)
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Minors do not need parent
consent to receive the
following reproductive health
services:
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Family Planning
Pregnancy Testing
Prenatal Care
Childbirth
STD Testing and Treatment
HIV Testing & Treatment (14
years of age and older)
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Minors do need the consent
of a parent or guardian to
have an abortion, with some
exceptions
Minors 17 years and older
may consent to give blood. 16
years and younger, a
parent/guardian consent is
required
Conversations About Informed
Consent
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It is a standard Outpatient Mental Health Clinic
policy that both the parent and adolescent
consent to receiving outpatient mental health
services. And as a family-based clinic…
That both the parent and the adolescent
participate in those services
Conversations About Informed
Consent
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If the parent is not the legal guardian then the
Clinic must receive legal documentation
verifying guardianship, and the legal guardian
must consent to the mental health treatment
prior to receiving services
Conversations About Informed
Consent
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Explain to the family that either the
parent/guardian, or the adolescent may
authorize disclosure of the mental health
record to a third party
Explain to the minor child that the parent will
have access to his/her mental health record
until the age of 18
Conversations About Informed
Consent
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If one parent requests that the other parent not
be informed about the treatment being
provided to the minor child, please explain that
unless the other parent has lost his/her legal
rights, or that parent has been denied periods
of physical placement then that parent has a
right to access the minor’s mental health
record and be informed of progress in
treatment
Conversations About Informed
Consent
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Qualified treatment trainees may not provide
individual therapy to minors without the
permission of a clinical supervisor or the clinic
manager
Conversations About Informed
Consent
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If individual therapy, or individual sessions are
clinically indicated and such indications have
been documented in the treatment plan:
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Explain that minors do have an ethical right to
privacy and that it may be developmentally
appropriate to keep certain information private
Explain that minors do have certain legal rights to
privacy, particularly around AODA and reproductive
health issues
Conversations About Informed
Consent
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Be sure that both the parent and the minor
understand the exceptions to confidentiality:
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Child abuse or neglect
Elder abuse or neglect
Vulnerable adult at risk
Imminent risk of harm to self or others
Court order
Conversations About Informed
Consent
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If the family is involved with County Child
Welfare, or is receiving County Services, or if
the child’s custody is being determined by a
court of law, explain that the AAMFT Code of
Ethics prohibits MFT’s from providing forensic
evaluations, or making legal determinations to
the court or to any other body, on behalf of the
family they are treating.
Other Considerations…
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Transportation
–
If certain members of the family are being
transported by bus, taxi, or transportation service,
please remind them to plan accordingly so that 1) all
members are on time for the session, and 2)
members will not be left waiting after the session
Other Considerations…
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Child Care
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Most clinics do not provide child care. Clinics will
need to adopt appropriate policies regarding the
attendance of children, particularly if children will be
unattended for any period of time. This is to ensure
both child safety and clinic liability.