Indiana - Parents Rights USA

Here are the core existing Indiana Code provisions (and one key policy document) that protect or implement a parent’s ability to direct or control their child’s mental health care and records. Each item is a direct link to current law or official policy text.

General health‑care consent (includes mental health)

Persons authorized to consent for a minor’s health care
Indiana Code 16‑36‑1‑5 (Persons authorized to consent for health care; includes parents and those in loco parentis when the minor cannot consent.)^[1]
Who may exercise a patient’s rights when the patient is a minor
Indiana Code 16‑39‑2‑9 (Expressly states that, if the patient is a minor, “the parent, guardian, or other court appointed representative” may exercise the patient’s rights, and that custodial and non‑custodial parents have equal access to mental health records absent a limiting court order.)^[2]

Parental access to medical and mental health records

Medical records – parental access (general)
Indiana Code 16‑39‑1‑7 (Right of a parent or guardian to access a minor child’s medical records; cited in practice materials discussing equal access for both parents.)^[3]^[4]
Mental health records – equal access for both parents
Indiana Code 16‑39‑2‑9 (Same section as above; specifically addresses mental health records and equal access rights of custodial and non‑custodial parents.)^[2]

Minor consent exceptions (where parental control is limited)

These are important for delineating the bounds of parental direction over mental health and related treatment.

Minor voluntary consent for substance use disorder treatment
Indiana Code 12‑23‑12‑1 (Allows a minor to voluntarily seek treatment for “alcoholism, alcohol abuse, or drug abuse” from DMHA or an approved facility without parental notification or consent.)^[5]^[6]
Related provisions on disclosure/notification in minor substance use treatment
Indiana Code 12‑23‑12‑2 (Addresses when parents may or must be notified when a minor seeks such treatment, shaping the practical scope of parental direction in that context.)^[7]^[5]
Emancipated or self‑supporting minors’ ability to consent to their own health care
Indiana Code 16‑36‑1‑3 (Defines circumstances where certain minors—emancipated, married, in the military, or 14+ and living apart/self‑supporting—can consent to their own health care, which includes mental health care, thereby limiting parental decision‑making in those cases.)^[8]^[5]

DCS policy on accessing a child’s mental health records

Requirement for parental consent for mental health records (DCS)
“Accessing Child’s Medical, Mental Health, and Substance Use Records” – Indiana Department of Child Services Policy 4.17
https://www.in.gov/dcs/files/4.17.pdf (DCS must generally obtain written consent from the child’s parent/guardian/custodian before obtaining mental health assessment or treatment records, with narrow statutory exceptions; cites IC 16‑39‑2‑6(b)(10)(F) and IC 12‑23‑12‑1.)^[6]

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