The following Indiana constitutional provisions and statutes collectively establish that parental consent is the default rule for mental health treatment decisions affecting minors. Each entry includes a hyperlink to the full text of the law.
Constitutional and Statutory Foundational Rights
Indiana Constitution, Art. 1, § 1 – Constitutional Liberty Foundation
The constitutional liberty foundation underlying parental rights in healthcare. Courts have held that the inalienable liberty interests enumerated here include the parental right to direct a child’s care and medical decision-making, including mental health treatment.
IC 31-42 – Indiana Parents’ Bill of Rights (PL 101-2025, eff. July 1, 2025)
Creates the highest-level statutory protection: governmental entities cannot substantially burden a parent’s fundamental right to direct a child’s health care without meeting a compelling governmental interest using the least restrictive means standard. Includes a private right of action for parents whose rights are violated.
Parental Consent for Mental Health Treatment
IC 16-36-1-1 – Health Care Definition Includes Mental Health
Expressly defines health care to include mental health services, ensuring all parental consent protections in Indiana’s health care consent framework apply fully to mental health treatment of minors.
IC 16-36-1-3 – Minors Cannot Consent to Their Own Mental Health Treatment
Establishes the default rule that minors cannot consent to their own mental health treatment. Indiana has no general statutory exception permitting minors to consent to standard outpatient therapy or psychiatric medication on their own.
IC 16-36-1-5(b) – Parents Are the Authorized Consent-Givers for Minor’s Health Care
Designates parents as the authorized consent-givers for a minor’s health care, placing the legal authority to approve or refuse any mental health treatment squarely with the parent.
IC 16-36-1.5-4 – Providers Must Obtain Parental Consent for Mental Health Services
The dedicated mental health consent chapter. Providers must obtain consent, which for minors means parental consent, before providing any mental health services.
IC 29-3-3-3(8) – Parental Right to Consent to Professional Care for a Minor
Codifies the common-law parental right to consent to professional care for a minor, providing an additional statutory basis for the default parental consent requirement in mental health settings.
School Mental Health Screening
IC 20-30-5-17 – Written Parental Consent for School Mental Health Surveys
Requires prior written parental consent for school surveys or evaluations that touch on mental or psychological conditions of students. Schools may not administer mental health-related surveys without this authorization.
IC 20-26-21-4 – Stepwise Affirmative Consent for Third-Party Mental Health Screenings (2023)
Adds a stepwise affirmative consent process for any third-party vendor-administered mental health screenings at schools, requiring explicit parental approval at each stage before a vendor may screen a student.
IC 20-26-21 – Annual Parental Notification of All School Mental Health Services (2023)
Requires annual parental notification of all school mental health services available or offered to students and the right to decline any of them, ensuring parents are fully informed and in control of their child’s school-based mental health engagement.
Involuntary Commitment Consent for Minors
IC 12-26-3-2 – Parent Applies for Voluntary Inpatient Admission and Controls Release
A parent, not the minor, applies for voluntary inpatient psychiatric admission and controls any request for release. This ensures inpatient mental health decisions for minors remain in parental hands.
IC 31-34-1-16 – DCS Cannot Condition Mental Health Services on Relinquishing Parental Rights
The Department of Child Services cannot condition the provision of mental health services for a child on a parent relinquishing parental rights, protecting parents from coercive practices that would strip them of their legal authority.
Confidentiality and Records Access
IC 16-39-2-9 – Both Parents Have Equal Access to Minor’s Mental Health Records
Both custodial and noncustodial parents have equal access to a minor’s mental health records, ensuring that custody arrangements cannot be used to block one parent from knowing about their child’s mental health treatment.
IC 16-39-2-3 – Mental Health Records Require Parental Consent for Disclosure
Mental health records are confidential and require patient or parental consent for disclosure to third parties. For minors, the parent is the authorized consent-giver for any release of the child’s mental health information.
Note: This document is for research and advocacy purposes only and does not constitute legal advice. Statutes should be verified against current Indiana legislative databases.