When your 14-year-old needs mental health support, you may assume that, as their parent, you have to make every decision about their care. But in Virginia, this might not always be the case. At 14 years old, your teen might have the right to seek certain types of treatment without the need for your consent.
Understanding minor consent laws can be confusing for many families. To help, this page will support parents and teens in understanding 14-year-old mental health rights in Virginia by exploring:
Virginia passed legislation in the 1990s that allowed teens to independently consent to mental health treatment in the state.[1] According to Virginia’s Psychiatric Treatment of Minors Act, minors as young as 14 can voluntarily agree to mental health treatment at a treatment facility.[2]
But there’s more to understanding 14-year-old mental health rights in Virginia. The state doesn’t use a blanket consent rule for every mental health situation. Instead, outpatient therapy, inpatient hospitalization, and emergency care can all involve different requirements. Below, we consider some of the requirements for outpatient care.
Virginia minors’ mental health rights allow minors to consent to outpatient care for the treatment of:[3]
This means that the laws for teen consent to therapy in Virginia allow a 14-year-old to seek outpatient therapy without first getting permission from parents or guardians.
For example, a 14-year-old who might be dealing with anxiety or depression may be able to ask for outpatient mental health support on their own. However, practical issues such as insurance, billing, provider policies, and the type of treatment being recommended may still affect how care is arranged.
A minor’s mental health rights in Virginia may also become different when they need inpatient psychiatric treatment.
Generally, in Virginia, inpatient treatment still requires parental consent.[1] However, at age 14, it becomes a bit more confusing. Under Virginia law, a child younger than 14 may generally be admitted to a mental health facility for inpatient treatment based on parents’ consent. But once a teen is 14 or older, they have a little more involvement when it comes to giving consent.
According to Virginia legislation §16.1-338, voluntary admission to inpatient mental health treatment generally requires a joint application and consent from both the teen and their parents.[4] This distinction is central to understanding a 14-year-old’s psychiatric treatment rights.
Before admission, someone may evaluate your teen to determine if:
For teens age 14 and older, adolescent psychiatric consent becomes more collaborative. The evaluator must make sure the teen has been told about their rights and that they have consented to voluntary hospitalization.[4]
During a mental health emergency, normal consent rules usually change for both adults and teens. Virginia behavioral health laws allow providers to begin necessary treatment without the consent of the person or their authorized representative during an emergency.[5]
An emergency might include:[5]
Providers must document the emergency and why treatment without consent was necessary.[5]
But if the treatment continues past 24 hours, new treatment orders may be needed. Providers also must get consent to continue treatment that lasts beyond 24 hours after an emergency, unless a court orders it.[5]
This is why you should never view a 14-year-old’s mental health rights in Virginia as a simple question of whether they can say yes or no to treatment. Adolescent psychiatric consent really depends on:
Mission Prep is here to help you or your loved one take the next steps towards an improved mental well-being.
Understanding parental consent for teen mental health is important, but knowing the law doesn’t automatically make disagreements around treatment easier. Maybe your teen wants therapy, but you aren’t sure it will help. Or perhaps you believe they need more intensive care while they insist that they’re fine.
When possible, try to find out what’s behind the disagreement. If your teen is saying they don’t want treatment, they might actually mean they don’t like the particular therapist, they’re embarrassed, or they’re afraid.
You can also ask the treatment provider which decisions require your consent, which require your teen’s consent, and where you can make decisions together. This step can be especially useful because the Virginia Psychiatric Treatment of Minors Act treats various levels of care differently.
Also, try to frame mental health care as support rather than punishment. Your teen may be more willing to participate if they feel included in the process instead of believing that treatment is something being done to them.
Take a tour of our teen residential mental health facilities located in Virginia. 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 Waterford & Leesburg and serve communities in Northern Virginia, DC and Maryland.
Additionally, we offer both in-person and virtual outpatient services in Virginia for full support after leaving residential.
Understanding what mental health rights a 14-year-old has in Virginia is only one part of deciding what to do when your teen needs support. At Mission Prep Teen Treatment, we help families understand their rights and find the right treatment to support everyone’s well-being.
Our treatment programs are personalized to meet the needs of every teen who walks through our doors. This comprehensive approach allows us to create a treatment plan that addresses their specific symptoms, needs, strengths, and goals.
We draw from a combination of evidence-based therapeutic approaches and innovative interventions to address negative beliefs, trauma, and how their mental health affects their body. Teens learn how to better understand difficult emotions, respond to them with more flexibility, and build healthier coping skills.
Our goal is to help teens understand their emotions, develop healthier coping strategies, and receive support in a safe environment. Our residential locations in Virginia are an important part of the treatment process at Mission Prep Teen Treatment.
We also recognize that families play an important role in teens’ lives, which is why we try to incorporate family members in treatment while still maintaining the teen’s privacy. 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.
Contact us 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. Our team can help you learn more about available treatment options in Virginia and what the consent and admissions process may involve.
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Virginia’s youth mental health consent laws can feel confusing because a teen’s rights depend on so many factors, from the type of treatment to emergency care. We know parents and teens will likely have questions when starting treatment, which is why we address some common questions about teen consent, refusal, and mental health treatment in Virginia below.
It depends on the situation and type of treatment. A teenager 14 or older has the right to object to voluntary inpatient treatment. However, they may not be able to refuse treatment if it’s court-ordered or it’s related to safety or another mental health emergency.
The answer can depend on the setting, who has legal authority to consent, and the circumstances of treatment. Virginia regulations state that informed consent is required for psychotropic medication and also recognize a competent minor’s ability to independently consent to qualifying outpatient mental health treatment.[5]
Because medication decisions may involve additional legal and clinical considerations, parents and teens should ask the prescribing professional what consent is required in their particular situation rather than assuming general 14-year-old psychiatric treatment rights automatically determine the answer.
The Virginia Psychiatric Treatment of Minors Act is the law that determines the rules around inpatient psychiatric treatment for minors. It addresses voluntary admission, teens who object to admission, emergency custody, and involuntary commitment.[2] These laws help establish when a teen, parent, clinician, or court may have a role in decisions about inpatient psychiatric care.
A 14-year-old can control their mental health records when they’ve independently consented to treatment. According to a 14-year-old’s mental health rights in Virginia, a minor is considered an adult for the purpose of accessing or authorizing records when they’ve independently consented to outpatient treatment.[6] For voluntary inpatient treatment, both the teen and parent may have rights to access certain health information. Privacy rules can vary by treatment setting and safety concerns.
At Mission Prep Teen Treatment, we provide a full range of mental health services. If your teen needs more mental health support, we’ll provide a complete clinical assessment and evaluation, then work together to find the level of care that feels right.
Our admissions team would be happy to help you understand our treatment options and what may be appropriate for your teen and family.
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.
