Florida Laws Requiring Parental Consent for Mental Health Surveys, Questionnaires, and Wellness Assessments

Florida law provides clear statutory requirements mandating parental consent before a minor may participate in mental health surveys, questionnaires, wellness assessments, or any activities that may divulge their mental health information. The most significant provisions stem from the Parents’ Bill of Rights and accompanying education and health statutes, as outlined below:

Key Florida Statutes and Legal Provisions

1. Parents’ Bill of Rights (Ch. 1014, F.S.)

Section 1014.04 – Parental Rights
Guarantees parents the right “to make health care decisions for his or her minor child, unless otherwise prohibited by law”; this right extends to mental health and wellness assessments and the release of information regarding a minor’s mental health, unless a specific statutory exception applies.
Link: Section 1014.04 – Parental Rights ^[1]^[2]^[3]
Section 1014.05 – Consent Required
Requires written parental consent before a district school board, charter school, or any other public school or provider may conduct any type of mental health service or assessment involving a minor unless otherwise allowed by law.
Link: Section 1014.05 – Consent Required ^[3]^[4]

2. Education Statutes and Parental Consent

Section 1002.20(3)(d) – K-12 Student and Parent Rights
Specifically states that parents have the right to be notified and give consent prior to their minor child participating in any mental health or psychological screening or survey conducted by a public school.
Link: Section 1002.20(3)(d) – K-12 Student and Parent Rights
Section 1002.222 – Limitations on Collection of Information and Parental Consent
Prohibits schools from collecting, obtaining, or using any biometric or psychological information about a student without parental consent.
Link: Section 1002.222 – Limitations on Collection of Information and Parental Consent

3. Chapter 394 – Mental Health (Baker Act)

Section 394.459 – Rights of Patients
Confirms the right to privacy for mental health information, and requires parental or guardian consent for any disclosure of mental health record information related to a minor (except in very limited statutory exceptions).
Link: Section 394.459 – Rights of Patients ^[5]^[6]

4. Federal Law Reference – FERPA

While not Florida-specific, be aware that the Family Educational Rights and Privacy Act (FERPA) also requires parental consent for the release of a minor’s educational and psychological records maintained by schools that receive federal funds.

Summary

Florida has robust statutory protections ensuring that written parental consent is required before a minor participate in any mental health screenings, questionnaires, or assessments in school or elsewhere, and before any disclosure of a minor’s mental health information—unless an explicit statutory exception exists. The above-cited statutes form the core legal basis for these parental rights in Florida.

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