Montana Laws Requiring Parental Consent for Mental Health Surveys, Questionnaires, and Wellness Assessments of Minors

Montana has enacted several comprehensive laws that establish strong parental consent requirements for various activities involving the mental health of minors. Below is a detailed list of the key statutes with their specific provisions and links:

Primary Montana Laws

1. Montana Code Annotated § 40-6-702 – Medical Care for Children

Link: https://archive.legmt.gov/bills/mca/title_0400/chapter_0060/part_0070/section_0020/0400-0060-0070-0020.html

This statute strictly prohibits any person, corporation, or organization from performing mental health evaluations or treatments on children without parental consent. Key provisions include:^[1]

Prohibition on Mental Health Evaluations: No entity may “procure, solicit to perform, arrange to perform, or perform a mental health evaluation in a clinical or nonclinical setting on a child” without parental consent
Prohibition on Mental Health Treatment: Mental health treatment cannot be provided to children without parental consent
Verification Requirements: If parental consent is given through telemedicine, the health professional must verify the parent’s identity
Emergency Exception: Only applies when a physician determines an emergency exists to prevent death or imminent, irreparable physical injury

2. Montana Code Annotated § 40-6-701 – Interference with Fundamental Parental Rights Restricted

Link: https://archive.legmt.gov/bills/mca/title_0400/chapter_0060/part_0070/section_0010/0400-0060-0070-0010.html

This comprehensive parental rights law establishes that parents have exclusive rights to direct their children’s mental health care. Specific provisions include:^[2]

Fundamental Right: Parents have the exclusive right to “make and consent to all physical and mental health care decisions for the child”
Data Collection Opt-Out: Parents can “opt the child out of any personal analysis, evaluation, survey, or data collection by a school district that would capture data for inclusion in the statewide data system”
Information Access: Parents must have access to “all health and medical records of the child”
Government Entity Prohibition: Government employees cannot “withhold from a child’s parent information that is relevant to the physical, emotional, or mental health of a child”

3. House Bill 599 (2025) – Enhanced Parental Rights for Data Collection

Link: https://archive.legmt.gov/content/Sessions/69th/Contractor_index/CH0696.pdf

This recent legislation significantly strengthens parental consent requirements for school-based assessments. Key amendments include:^[3]

Mandatory Notification: “A parent must be notified of the right to opt out of any physical and mental health surveys and screenings of their child”
Results Notification: “A parent must be notified of any issues or concerns resulting from a physical and mental health survey or screening of their child”
Opt-In Requirement: For surveys requiring personally identifiable information, parents must “opt the child in to any personal analysis, evaluation, survey, or data collection”
Opt-Out Right: For non-identifying data collection, parents can “opt the child out of any personal analysis, evaluation, survey, or data collection”

4. Montana Code Annotated § 53-21-112 – Voluntary Admission of Minors for Mental Health Services

Link: https://archive.legmt.gov/bills/mca/title_0530/chapter_0210/part_0010/section_0120/0530-0210-0010-0120.html

This statute governs consent for formal mental health services. Important provisions:^[4]^[5]

Parental Consent Authority: Parents or guardians may consent to mental health services for minors from licensed facilities, physicians, or mental health professionals
Age Exception: Minors who are at least 16 years old may consent to mental health services without parental consent
Treatment Duration: Voluntary admission terminates after one year unless there is periodic review and readmission consent
Release Rights: Parents can request release of minors admitted with their consent within 5 days

5. Montana Code Annotated § 41-1-402 – Validity of Consent of Minor for Health Services

Link: https://archive.legmt.gov/bills/mca/title_0410/chapter_0010/part_0040/section_0020/0410-0010-0040-0020.html

This statute outlines limited circumstances where minors can consent to health services without parental approval. Relevant exceptions include:^[6]

Emancipated Minors: Those legally emancipated can consent to health services
Specific Circumstances: Minors who are married, have children, graduated from high school, or are separated from parents and self-supporting
Pregnancy/STD/Substance Abuse: Minors can consent only for prevention, diagnosis, and treatment of these specific conditions
Emergency Care: Consent allowed for emergency care to prevent serious injury or harm

6. House Bill 676 (2023) – Fundamental Parental Rights Act

Link: Referenced in various documents as establishing comprehensive parental consent requirements

This legislation established the foundation for current parental rights protections. Key features:^[7]^[8]

Medical Care Consent: Requires parental consent for medical and mental health procedures on children
Prohibition on Coercion: Government entities cannot encourage children to withhold information from parents
Enhanced Protections: Strengthened existing parental rights regarding healthcare decisions for minors

Summary of Key Requirements

Montana law establishes that parental consent is required for:

Any mental health evaluation of a minor in clinical or non-clinical settings
Mental health treatment of minors (with limited exceptions for those 16+ years old)
School-based mental health surveys and screenings (with mandatory opt-out notifications)
Data collection activities that capture information about a child’s mental health
Physical and psychological examinations of children

The only significant exceptions are:

Emergency situations involving imminent physical harm
Minors 16+ years old for voluntary mental health services (§ 53-21-112)
Specific circumstances outlined in § 41-1-402 (pregnancy, STDs, substance abuse treatment)
Court-ordered evaluations in legal proceedings

These laws collectively create some of the strongest parental consent requirements in the United States for activities involving minors’ mental health, ensuring parents maintain fundamental authority over their children’s psychological welfare and medical care decisions.

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