Parents generally believe that they’re solely responsible for making health care decisions for their child until the age of 18. And while that’s mostly correct, there are some instances in which teens can make their own decisions about mental health treatment. Specifically, in California, children 12 years or older have certain rights to make decisions about their own mental health treatment.
Understanding a 12-year-old’s mental health rights in California can be confusing because turning 12 doesn’t suddenly give your child complete control over their health care. To help you understand what decisions they can make and how you can be involved, this page will explore:
Please note: The information on this page is for informational purposes only and does not constitute legal advice. If you have questions about the minor consent laws for mental health care in California, please consult a qualified attorney regarding your specific situation.
Youth mental health laws in California state that minors 12 years of age or older can consent to certain mental health treatment without first getting parent or guardian permission.[1]
Depending on the situation, minor consent for therapy in California may allow a young person to:
A minor who can legally consent to confidential mental health care may also be able to receive these services through telehealth when telehealth is appropriate for the service.[2]
In other words, turning 12 doesn’t automatically mean your child can independently make every decision about their mental health care. Instead, 12 is the age at which certain adolescent mental health rights can begin.
A 12-year-old’s mental health rights in California became effective in 2024 through Bill AB665. But age isn’t the only consideration in the bill. It also states that the minor must be “mature enough to participate intelligently in the outpatient services or residential shelter services.”[3]
Further, the bill outlines that a California minor can consent to mental health treatment if they present a danger to themselves or others, or if they’re an alleged victim of incest or child abuse.[3]
Understanding the rules surrounding a 12-year-old’s mental health rights in California is primarily important when it comes to outpatient counseling. These rules don’t give a 12-year-old independent authority over every form of mental health treatment. Here are some treatment decisions where parental consent may still be needed:
California’s mental health consent age of 12 doesn’t include consent for psychotropic medication. If a minor wants to receive psychiatric medication, they still need a parent or guardian’s consent.[4]
A child can still be included in conversations about medication. Their health care team may explain:
Families shouldn’t assume that minor outpatient mental health consent also applies to inpatient or other intensive mental health treatment. A 12-year-old’s mental health rights in California don’t allow them to independently consent to inpatient mental health treatment.[4] Hospital admission follows different consent and legal requirements.
Intensive mental health programs like inpatient hospitalization or long-term residential programs may involve additional:
Requirements can depend on the program and circumstances surrounding admission.
When your child needs more structured mental health services, California providers can explain what authorization is required before treatment begins.
The easiest way to understand a 12-year-old’s mental health rights in California is to separate outpatient treatment from more intensive mental health care options. Here’s a breakdown of when a minor may consent and when parental consent for therapy in California may be required:
Because the rules change according to the service, parents should ask prospective providers what consent is required rather than assuming that requirements for parental consent therapy in California are the same at every level of care.
Mission Prep is here to help you or your loved one take the next steps towards an improved mental well-being.
Just because adolescent mental health rights in California give your child the ability to consent on their own doesn’t mean you have no role in therapy. California law generally expects providers to consider whether it’s appropriate to involve a parent or guardian in the therapy process.
The professional providing outpatient treatment, with the minor’s consent, is still expected to involve a parent or guardian. Unless, under California teen confidentiality laws, after consulting with the minor, the professional determines that involving parents or guardians would be inappropriate.[3]
But, in general, you can still play a role in your minor’s mental health services in California. Depending on your child and their needs, you might help with:
A young person may have certain teen treatment rights in California that give them independence while still benefiting from support from their family. When appropriate, collaboration between a child, parents, and treatment team can help everyone understand what the child needs and how to support their progress.
Take a tour of our teen residential mental health facilities located in California. Our locations offer peace & comfort within a residential environment where teenagers, aged 12-17, can relax and focus on themselves.
Our well-appointed facilities are located in Bonsall, Fallbrook, Rancho Palos Verdes
and Rolling Hills Estates.
Additionally, we offer both in-person and virtual outpatient services in California for full support after leaving residential.
Knowing a 12-year-old’s mental health rights in California is helpful, but deciding what care your child actually needs can still feel difficult.
At Mission Prep Teen Treatment, we support teens and their families with mental health concerns. Offering multiple treatment programs in California, our team works with teens experiencing challenges such as anxiety, depression, trauma, emotional dysregulation, and family conflict.
Our approach is also personalized and focuses on the whole person. Rather than seeing your teen as a set of symptoms, we work to understand their needs, concerns, strengths, and goals. This might include a combination of evidence-based approaches like cognitive behavioral therapy (CBT) or dialectical behavior therapy (DBT), alongside holistic supports like mindfulness and somatic therapy. Our goal is to help them understand their emotions, communicate what they need, and develop healthier ways of coping.
We also recognize the important role families can play in treatment. When appropriate, we help parents better understand what their child is experiencing and how they can provide meaningful support while respecting healthy boundaries. Mission Prep Teen Treatment accepts insurance and is in-network with most major providers. We are happy to help you check your insurance coverage for mental health care.
Start the admissions process online or call 866-901-4047 to speak with a caring member of our team who can answer any questions you might have. Reach out for a free, no-obligation conversation.
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Adolescent mental health rights can be confusing and difficult to understand. What happens if they want treatment without you knowing? Or what if you want them to go to treatment but they don’t want to? Below, we’ll address some common questions parents have about minor mental health services in California.
Yes, in certain circumstances, a 12-year-old’s mental health rights in California allow them to consent to therapy. Under the law, they can consent to outpatient mental health treatment or residential shelter services if they’re considered mature enough to participate or if there are safety concerns.[3]
However, a 12-year-old’s therapy consent doesn’t apply to every form of mental health treatment.
The answer depends on the type of treatment and the circumstances. For example, if there are safety concerns, your child may be unable to refuse treatment. But if your child is the one who originally consented to therapy and then they decide they no longer want to receive it, they may have the right to refuse.
Just because California gives some minors age 12 and older independent authority to consent to certain outpatient care doesn’t mean a 12-year-old has complete legal control over every health care decision. You should ask the specific provider how consent requirements apply to your child’s situation and how they handle a child who refuses.
No, parents aren’t typically informed of what their child says in therapy unless the child gives permission or there are safety concerns. For parents who consent to the treatment, they may receive updates about progress, treatment plans and goals, and any safety concerns, but not typically what their child says.
When a minor legally consents to their own treatment, additional confidentiality protections may apply to information about that care.[5]
At Mission Prep Teen Treatment, we support teen mental health by creating a personalized treatment approach to address their needs, concerns, and goals. Rather than trying to fit your teen into a one-size-fits-all approach, we’ll work with them to find the modalities that fit them best.
This comprehensive approach allows us to support them in managing their emotions, developing tools that actually work, and building up their confidence to face everyday challenges.
Are You Covered for Mental Health Treatment?
We’re in-network with many providers. Call us at 866-901-4047 to verify your benefits and find out how much your plan will cover
Find out if Mission Prep is right for you by reaching out to us and speaking with one of our admissions representatives.
