Kentucky - Parents Rights USA

Here are the key Kentucky statutes that speak to a parent’s right to direct or consent to their child’s mental health care (with direct links to the official KRS site where available):

Core K‑12 “Parents’ Rights” / School‑Based Mental Health

KRS 158.191 – Rights of parents and guardians in public schools; health and mental health services and referrals (as amended by SB 150, 2023)
This section requires school personnel to obtain parental consent before:
- Providing a student with school health or mental health services, and
- Making referrals to external health care or mental health providers, including crisis centers.^[1]^[2]
  Link: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53551 ^[1]

Juvenile Mental Health Hospitalization (Unified Juvenile Code)

These provisions govern when and how a parent can admit, object to, or participate in inpatient psychiatric hospitalization of a child. They collectively recognize parental authority for children under 16 and rights of consultation/participation in treatment.

KRS 645.010 – Title of chapter (Mental Health Act for Children)
Establishes that KRS Chapter 645 is the Kentucky “Mental Health Act” portion of the Unified Juvenile Code for children.^[3]^[4]
Link: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38256 (Chapter 645 overview)^[3]
KRS 645.030 – Voluntary admission to hospital
- For a child under 16, a parent or other person exercising custodial control may apply for the child’s voluntary admission.
- A child 16 or older may admit themselves, but may also be admitted “along with” a parent or custodial adult.^[5]^[4]
  Link (chapter listing showing .030): https://law.justia.com/codes/kentucky/2017/chapter-645/^[4]
  (Use the Justia index, then click “645.030” to view the text.)
KRS 645.040 – Who may file petition to hospitalize child
Includes “a parent or other person exercising custodial control or supervision of a child” among those who may file a petition for hospitalization, recognizing the parent’s standing in decisions about inpatient mental health treatment.^[5]^[4]
Link via chapter index: https://law.justia.com/codes/kentucky/2017/chapter-645/^[4]
KRS 645.090 – Criteria for court‑ordered hospitalization of a child
Sets the conditions under which a court may order a child’s hospitalization, including that the child can benefit from treatment available only in a hospital and that no less restrictive alternative exists.^[5]^[4]
This framework is what a parent’s petition (under KRS 645.040) must satisfy.
Link via chapter index: https://law.justia.com/codes/kentucky/2017/chapter-645/^[4]
KRS 645.230 – Rights of child, parent
Provides that the child, parent, or other person with custodial control has specified rights during hospitalization, including the right to confer with each other and to participate in treatment planning and decision‑making.^[6]^[5]
Link: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20346 ^[6]

General Health/Mental Health Consent Framework for Minors

While this statute is primarily about when minors may consent on their own, it defines when parental consent is required or presumed—forming the backdrop for a parent’s right to direct care.

KRS 214.185 – Diagnosis and treatment of disease, addictions, or other conditions of minor; provision of outpatient mental health counseling; effective consent
- Allows minors 16+ to consent to outpatient mental health counseling without parental consent in certain circumstances.
- Also authorizes parents/guardians to consent to care for minors in other situations and sets out when providers may rely on a minor’s consent and when emergency care may proceed without parental consent.^[7]^[8]^[9]
  Link: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50969 ^[7]

Unified Juvenile Code – Contextual Provisions

These define the overall framework for children’s proceedings, including mental health, and help interpret when and how parents exercise rights.

KRS 600.010–KRS 600.020 – Policy and definitions (Unified Juvenile Code)
These provisions define “parent,” “person exercising custodial control,” “abused or neglected child,” etc., which determine who can exercise mental health–related rights for a child.^[3]
Chapter overview link: https://unicourt.github.io/cic-code-ky/transforms/ky/ocky/r81/gov.ky.krs.title.51.html (Title LI, Chapters 600–645)^[3]

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