Under the Act, any persons 14 year of age or older may seek voluntary inpatient treatment if they substantially understand the nature of such treatment and the treatment setting. If the minor is 14 years or older but less than 18 years of age, the admitting facility must notify the minor's parents of the admission. The parents then have a right to contest the need for and the appropriateness of the treatment. Involuntary inpatient or outpatient treatment does not require the consent of the minor nor the minor's parents. In essence, this memo states that the Mental Health Procedures Act is ambiguous regarding the parental notification provisions, which apply to children 14 and older and who want or need voluntary outpatient or partial hospitalization services.
Most psychologists work in independent or group private practices.
At times the issue arises as to whether parental notification legally is mandated prior to treating a minor in such settings. The Minors Consent to Medical, Dental and Health Services Act of 1970 governs medical, dental, and health situations in which a minor can consent to treatment. In addition, this Act was promulgated, along with a number of early arguments and decisions concerning a minor's right to secure an abortion. In essence, this Act allows a minor, without parental notification or consent, to consent to medical, dental, or health services if the minor is 18 years or older, has graduated from high school, or has married, or has been pregnant, or, if in the physician's judgment, an attempt to secure consent would result in delay of treatment that would increase the risk to the minor's life or health. Unless one of these conditions is met, the treating clinician must acquire the consent of the parents.