Policy: Consent for Treatment of Minors – Divorced or Separated Parents

Purpose This policy is intended to ensure that Client Services Representatives (CSRs) confirm appropriate legal consent for minor clients in compliance with Maryland law and internal clinic procedures, especially in cases where parents are separated or divorced. Scope This policy applies to all CSRs responsible for handling intake or scheduling services for minors under the age of 18.

Policy Guidelines Minors aged 12 and older in Maryland may consent to outpatient mental health treatment if the provider determines that the minor is mature enough to provide informed consent. This provision applies only to therapy, not to medication management. Consent for psychiatric medications must always come from a parent or legal guardian. When a parent initiates services for a minor, the CSR must ask whether the child’s parents are separated or divorced. If the parents share legal custody, both parents must provide consent for therapy and/or medication, unless the minor is self- consenting for therapy as permitted by law. If a parent indicates they have sole legal custody, the CSR must request a copy of the custody order verifying this authority before proceeding with services. If custody status or consent authority is unclear, the CSR should pause the intake process and escalate the matter to a supervisor or clinical lead for review.

Required Documentation If a minor aged 12 or older is self-consenting for therapy, the provider must assess and document the minor’s capacity to provide informed consent. This must be clearly noted in the client’s record. If services are being initiated by a parent or guardian, a signed Consent to Treat a Minor form must be completed. In cases involving separated or divorced parents, a copy of the custody agreement should be requested and saved in the client file to confirm legal decision-making authority.

Sample Script for CSRs “For minors aged 12 and older, Maryland law may allow them to consent to therapy on their own, depending on the provider’s assessment.” If a parent is initiating the intake: “May I ask—are the child’s parents separated or divorced?” If the answer is yes: “Thanks for sharing. In situations where legal custody is shared, both parents may need to give consent before therapy or medication services can begin. If possible, we’ll also need a copy of the custody agreement for our records.”

Reminders for CSRs Minors aged 12 and above may legally consent to therapy in certain cases, but not to medication. Medication management always requires the consent of a parent or legal guardian. Do not begin services until the correct consent has been verified and documented. Always record communication regarding custody or consent and ensure that all relevant documentation is uploaded to the client’s portal.