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The Role of Mental Health Tribunals:
How Decisions About Your Child's Care Are Made

Author:
Jemma Strain
Jemma Strain
B.S. Psychology
Editor:
Emma Loker
Emma Loker
B.S.
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In court-ordered mental health treatment, a court recognizes that someone needs mental health support to help give them structure and plans for recovering safely from a diagnosis. However, just because a court has made a decision, doesn’t mean that a teen or their family agrees with these conclusions. 

Having a loved one’s mental health care taken out of your hands can feel like passing over the steering wheel of a car when you’re driving. Giving up control and not having a say in treatment can be frustrating, scary, and overwhelming – you may not know what steps to take or understand your rights in this process.

If you’re concerned about legal decisions made about your child’s mental health treatment, professional guidance and support can help you recognize your rights. This article can also help you understand the mental health tribunal process by discussing:

  • What the mental health tribunal process is
  • What child mental health tribunal hearings are
  • How mental health tribunals work
  • The role of mental health tribunals in care decisions
  • Child care decisions made through mental health tribunals
  • How Mission Prep can help with the mental health tribunal process
mental health tribunals

What Is the Mental Health Tribunal Process?

A mental health tribunal is a formal meeting where a group of people discuss whether someone needs to be continued to be cared for in a supervised setting. Usually, people who request tribunals have been placed into supervised treatment under the National Mental Health Act to protect their welfare. This means that an independent panel of professionals has to reach an agreement about when they should be discharged.1

A mental health tribunal often has to make a judgment about care based on complex issues and evidence. These tribunals require collaboration and careful thought from professionals in both mental health fields and the justice system.2

Typically, mental health tribunals involve:3

  • Judges
  • Legal professionals
  • Court professionals with mental health expertise
  • Medical professionals
  • Mental health professionals

These professionals consider factors such as a patient’s current mental health condition, progress they’ve made in treatment, medical records, and opinions of mental health professionals involved in their care. Also, depending on your state, mental health tribunals can be conducted online or in person.1

Anyone who is receiving court-ordered mental health treatment has the legal right to apply for discharge from treatment. They are also entitled to confidential legal counsel for advice on the process. 

Depending on the state and its legal system, mental health tribunals often take place in the hospital or rehabilitation center in which a patient is receiving treatment. However, the decisions made by a judge will be completely impartial. 

Child Mental Health Tribunal Hearings

Mental health courts for minors focus on providing access to treatment, consistent and supportive supervision, and academic and family support for youths with mental health conditions.4

These court proceedings ensure that a child’s mental health condition…5

  • Does not affect their legal rights
  • Is treated with the least amount of restriction as possible
  • Involves treatment from professionals who can care for a wide range of needs
  • Is treated with respect to culture, gender, socio-economic status, race, and so on
According to many state laws, a minor is incapable of making an “informed decision” regarding the nature, extent, and consequences of a treatment programme – including its risks and benefits. Therefore, while it’s important for your child to have a voice in their treatment, a parent or guardian usually has to give consent for treatment.6

Thus, in the same way a parent or guardian has to give consent for treatment, if they want to discharge their child, they may also have to apply for a tribunal on their behalf. 

If you or your child feels like you’re not in charge of discharge planning, or if their discharge is delayed for any reason, you have the right to consult confidential legal advice.7

How Mental Health Tribunals Work

Mental health rights differ from state to state in the U.S., so patient mental health rights and the services they’re provided can differ. If you’re wondering what your mental health rights are, it’s a good idea to read up on the legislation for your area. 

However, in general, if you or someone you care about are receiving mental health treatment in an inpatient rehabilitation center, you have the right to apply for a mental health tribunal. You don’t have to apply for one, the choice is entirely yours and will likely be based on the progress you feel you’ve made. As mentioned, if the person receiving treatment is a minor, a parent or guardian can apply for a mental health tribunal on their behalf. Again, it’s wise to know the mental health rights of a minor in the state in which they’re receiving treatment.8

It’s important to know that applying for a mental health tribunal will not affect the quality of treatment – even if your case is denied. The relationship with your therapist will continue as it did, unless you feel there is a disruption to the bond. In which case, you can discuss the option of changing your therapist. 

During a mental health tribunal, a legal representative will put forward your child’s case to the independent panel of professionals. They will either give a summary of your case, diagnosis, and progress to the panel or ask for a recommendation. A recommendation is a request for changes in treatment procedures, such as placement in a different facility, or something that could increase the chance of discharge in the future.9

Questions Often Asked in the Mental Health Tribunal Process

If you’re preparing for a mental health tribunal, you may hear some of the following questions being asked. Sometimes, there may be questions relating to legislation which might be difficult to understand. However, the following relate to patient welfare so may be directed towards a mental health professional in charge of your child’s treatment.1

Does the patient have a mental health condition?

Your doctor or mental health professional will have to discuss the nature of your child’s diagnosis, how it impacts them, and how they’re making progress.

What treatments has the patient been receiving?

The mental health professional in charge of your child’s care will discuss the treatment program they’re receiving, including any medications, therapies, academic support, and so on. 

Does the patient require continued supervision?

This question applies to how much progress your child has made in treatment and whether they would safely be able to function in the community. 

What are the risks if the patient is discharged?

A judge will try to reach an understanding of whether discharge would lead to a relapse or worsening of symptoms. They will also consider information provided by a mental health professional on whether there is a risk of harm to the patient or other people if they were to be released from care.

The Role of a Mental Health Tribunal in Care Decisions

Although the role of a mental health tribunal in care decisions can differ from state to state, in general, the outcomes of a tribunal can affect treatment in the following ways.1

A child will be immediately discharged from treatment: If the independent panel determines that the child doesn’t meet the criteria for round-the-clock supervision and treatment, they will agree that discharge is appropriate. As a parent, you have two options after this decision: continue treatment or take your child home. Regardless, you and your child are allowed to make this decision. 

The child will be given deferred discharge: While the panel has decided that it is safe to discharge a child, they have found it necessary to delay the discharge for a little while – usually a few days. This is often to allow professionals and families to arrange aftercare options. 

Treatment will continue without change: This means that the panel has determined that a child still requires 24/7 supervision and treatment. However, it doesn’t mean that they haven’t taken recommendations into consideration, so they may request changes to elements of the treatment program. 

Treatment will continue, but with changes: While a panel may decide that it’s in a child’s best interest for treatment to continue, they may decide that changes to how it’s delivered are appropriate. For instance, they may determine that 24/7 supervision isn’t necessary, but the child is to receive treatment in the community. 

If you’re concerned about a diagnosis and court order made about your child’s treatment and care, you may be feeling confused or distressed. Support and advice are available to you at any stage of this process. In the meantime, it might help to understand how inpatient or residential treatment programs work. 

Child Care Decisions Through Mental Health Tribunals

Under the National Mental Health Act, a legal decision about your child’s welfare and treatment may determine how they receive care and treatment. If this happens in your family, you may all be experiencing a lot of overwhelm and anxiety. Professional mental health guidance can explain these decisions and also what to expect from treatment. 

For example, residential mental health treatment programs may sound like scary or overly clinical environments. But they can actually be supportive and nurturing spaces in which your child only has to focus on one thing – getting better. 

In these programs, a professional will tailor a treatment program to your child’s specific needs, including your and your child’s voice in their care. They may discuss and explain the following therapy options.

Therapy Options for Teen Mental Health:

Cognitive Behavioral Therapy (CBT)

A professional will likely explain the option of CBT and how it can be incorporated into an inpatient program. CBT is proven to be effective in treating many teen mental health conditions. It works by targeting thoughts and actions, identifying negative patterns, and helping them build healthy ways of coping.

Eye Movement Desensitization and Reprocessing (EMDR)

Previous experiences, such as trauma, are linked with serious mental health symptoms – which could lead to court-ordered treatment. EMDR is an effective way of treating trauma as it changes how these memories are stored in the brain, helping a teen move past trauma and form more positive beliefs.

Transcranial Magnetic Stimulation

TMS is a non-invasive therapy that can help treat mental health conditions that haven’t responded to other treatments. It uses magnetic fields to stimulate nerve cells in specific areas of the brain, promoting a more positive mood and outlook.

Interpersonal Therapy

If professionals determine that a child’s relationships and interpersonal skills are contributing to mental health conditions, they may recommend interpersonal therapy. Interpersonal therapy can help a teen work through their issues and figure out better ways of coping to improve their mental health.

Mindfulness-Based Therapy (MBT)

MBT blends aspects of CBT with mindfulness techniques to help teens manage difficult emotions and moods without self-judgment. It teaches them how to break free from negative thought patterns and develop a more positive self-image.

Additionally, in residential care facilities, a mental health professional will continue to monitor and assess your child’s needs. Diagnoses shift and change all the time, so they’re not a set-in-stone judgment about your child’s mental health. Also, the possibility of medication will be discussed with your family. Mental health professionals understand that medication works best with therapy, so it’s not considered a stand-alone treatment. 

How Decisions About Your Child's Care Are Made

How Mission Prep Can Help With the Mental Health Tribunal Process

If you or your child is concerned about inpatient care or the mental health tribunal process, Mission Prep can help.

Our team of licensed, empathetic professionals can help your family understand your rights in treatment and mental health care. Whether your child has recently received a diagnosis and court-ordered treatment plan, or they have been in care for some time, we can advise and guide you in this process. We offer residential, outpatient, and intensive treatment programs in various locations, which can help teens transition from round-the-clock supervision to community care. 

At every point in care, Mission Prep listens to and considers a child’s and family’s opinions and concerns. Our team is also available 24/7 to answer any questions you may have about treatment. Contact us to learn more.

References

  1. Royal College of Psychiatrists. (n.d.). Mental health tribunals. https://www.rcpsych.ac.uk/mental-health/treatments-and-wellbeing/mental-health-tribunals
  2. Watson, A., Hanrahan, P., Luchins, D., & Lurigio, A. (2001). Mental health courts and the complex issue of mentally ill offenders. Psychiatric Services, 52(4), 477–481. https://doi.org/10.1176/appi.ps.52.4.477
  3. Bureau of Justice Assistance. (n.d.). Mental Health Courts Program: Overview. U.S. Department of Justice, Office of Justice Programs. Retrieved March 14, 2025, from https://bja.ojp.gov/program/mental-health-courts-program/overview
  4. Judicial Council of California. (n.d.). Juvenile mental health courts overview. California Courts. Retrieved March 14, 2025, from https://courts.ca.gov/programs-initiatives/collaborative-justice-courts/juvenile-collaborative-courts/juvenile-mental
  5. Gardner, P. (2011). An overview of juvenile mental health courts. Child Law Practice, 30(8), 113-116.
  6. Virginia General Assembly. (n.d.). Code of Virginia, Title 16.1, Chapter 11: Juvenile and Domestic Relations District Courts. Virginia Law. Retrieved March 14, 2025, from https://law.lis.virginia.gov/vacodefull/title16.1/chapter11/article16/
  7. Mind. (n.d.). Discharge from hospital when sectioned: Frequently asked questions. Mind. https://www.mind.org.uk/information-support/legal-rights/leaving-hospital/discharge-faqs/
  8. Council of State Governments Justice Center. (n.d.). Mental health courts. https://csgjusticecenter.org/projects/mental-health-courts/
  9. California Legislative Information. (n.d.). Welfare and Institutions Code – WIC. Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=5.&part=1.&lawCode=WIC

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