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For minors, consent and privacy laws in addiction treatment often vary by state, treatment type, and the level of care, which can often confuse families. Below, we outline general consent laws and specific mandates related to teen addiction treatment in Texas to help you understand your parental rights and your teen’s right to privacy.
Understanding Teen Privacy Rights in Addiction Treatment
Federal and state laws are designed to protect the privacy and confidentiality of minors while balancing parental rights. The Health Insurance Portability and Accountability Act (HIPAA) grants teens under 18 who are emancipated (granted full legal independence) or legal adults (18+) the right to access and control their physical health decisions [1].
In the case of mental health or addiction treatment, many states allow minors (under 18), including non-emancipated teens, to consent to care without parental approval. Notifications to parents are often still provided.
In states that do not allow minors to consent to addiction treatment, parents are generally considered “personal representatives” of the child. They often have access to all health records and can consent or deny their teen’s treatment, with some exceptions.
When Is Parental Consent Required?
Parental consent for teenage addiction treatment is generally required if the teen is under 18. However, many states allow 16 or 17-year-old minors to consent to substance abuse treatment.
Parental consent is more commonly required for inpatient treatment versus outpatient programs and is often stricter for mental health treatment compared to substance abuse treatment alone. If a minor and a parent disagree about treatment, laws do not always clearly specify whose consent prevails and may require intervention from a healthcare professional or a court order [2].
Texas Parental Consent Laws for Substance Abuse Treatment
In Texas, the age of consent for addiction and mental health treatments can vary. Teens who are 16 years of age and older can consent to their own inpatient or outpatient mental health/addiction treatment without a parent’s consent. For teens under 16, parental consent is usually required unless they are emancipated.
Special exceptions are made in the case of high-risk situations, and medical professionals can provide treatment without parental consent if they believe the teen is at risk of harming themselves or others [3].
Can Teens Be Forced into Substance Abuse Treatment?
In some cases, yes teens can be forced into addiction treatment either by parents, legal guardians or a court order.
Parent-Ordered: Parents and family intervene and force teens into treatment, sometimes enrolling them involuntarily (many state laws require there to be a presence of immediate harm). The length, specific kind of program, and conditions of treatment are often decided between parents and the treatment facility, and may encourage the input of the youth.
Court-Ordered Rehab: Teens who are struggling with drug and alcohol abuse and get in trouble with the law may be required to attend rehab through a court order. In this case, the judge or court determines the length, kind, and conditions of treatment.
Involuntary Addiction Treatment Laws in Texas
Under the Texas Health and Safety Code, parents or legal guardians can force minors under 18 into addiction treatment without the teen’s consent or a court order. It’s actually easier in Texas than in many states, as the law allows parents to admit their teen directly into a licensed treatment facility [4].
What Teens and Parents Should Know About Records Access
Parents and legal guardians typically have access to their teens’ medical records until they are 18. In the case of mental health records, such as notes taken during a therapy session, parents lose access to this when the teen is 16 in Texas, as mandated under the Health & Safety Code [4].
Substance use treatment records are subject to even stricter confidentiality protections under Federal Regulation 42 CFR Part 2. This restricts disclosures of these records without explicit consent, except if there is an immediate risk of harm. In this case, federal law often takes precedence over state law, so by 16, parents are typically unable to access their teens’ substance use treatment records [5].
State laws on consent and privacy for teens vary widely, and many do not reflect pediatric professional standards of care. This inconsistency is a barrier to providing consistent, evidence-based medical care while ensuring the privacy of teens [6].
Teen treatment centers in Texas must carefully balance parental rights to information with teens’ right to privacy, especially for older teens with treatment consent rights and under federal substance use confidentiality laws.
Access the full 2024 Texas Minor Consent Laws Guide here.
Balancing Confidentiality and Parental Involvement at Clearfork Academy
Addiction treatment centers for teens often aim to balance the right to privacy with a parent’s right to be involved in the recovery process through ongoing communication, legal compliance, and family-inclusive care approaches.
Although laws like HIPAA protect teens’ confidentiality, especially those above 16, effective treatment programs understand the importance of parental involvement and that it significantly improves recovery outcomes.
At Clearfork Academy, we aim to respect teens’ autonomy while engaging with parents and caregivers as the key supporters by:
- Educating parents about the importance of their involvement in helping their teen create structure, take accountability, and provide emotional support.
- Facilitating family therapy sessions to address dynamics in the home, such as communication, boundaries, and respect.
- Obtain informed consent and discuss with teens and parents the limits of confidentiality, including what information will be shared.
- Support teens in building communication skills to engage honestly with their parents and build trust.
Substance Abuse Treatment for Teens in Texas
Clearfork Academy is a network of behavioral health facilities in Texas committed to helping teens recover from behavioral addictions, substance abuse, and mental health disorders. Our flexible day treatment programs and virtual outpatient therapy are designed to meet the recovery needs of your teen, no matter where they are in recovery.
We are also committed to providing education for parents about youth and the state laws when it comes to getting their teens treatment. If you think your teen is struggling with drug or alcohol abuse, contact our Admissions team today to learn more about treatment options and find support.
Sources
[1] US Department of Health and Human Services.Personal Representatives and Minors.
[2] McNamara, A. et al. (2015). What Can Parents Do? A Review of State Laws Regarding Decision Making for Adolescent Drug Abuse and Mental Health Treatment. Journal of child & adolescent substance abuse, 24(3), 166–176.
[3] National Center for Youth Law. 2024. Minor Consent Compendium Texas.
[4] HEALTH AND SAFETY CODE. TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES. Statutes. Texas Capitol.
[5] US Department of Health and Human Services. 2024. Fact Sheet 42 CFR Part 2 Final Rule.
[6] Rosenbloom, S. T. (2022). State-by-State Variability in Adolescent Privacy Laws. Pediatrics, 149(6), e2021053458.
Austin Davis, LPC-S
Founder & CEO
Originally from the Saginaw, Eagle Mountain area, Austin Davis earned a Bachelor of Science in Pastoral Ministry from Lee University in Cleveland, TN and a Master of Arts in Counseling from The Church of God Theological Seminary. He then went on to become a Licensed Professional Counselor-Supervisor in the State of Texas. Austin’s professional history includes both local church ministry and clinical counseling. At a young age, he began serving youth at the local church in various capacities which led to clinical training and education. Austin gained a vast knowledge of mental health disorders while working in state and public mental health hospitals. This is where he was exposed to almost every type of diagnosis and carries this experience into the daily treatment.
Austin’s longtime passion is Clearfork Academy, a christ-centered residential facility focused on mental health and substance abuse. He finds joy and fulfillment working with “difficult” clients that challenge his heart and clinical skill set. It is his hope and desire that each resident that passes through Clearfork Academy will be one step closer to their created design. Austin’s greatest pleasures in life are being a husband to his wife, and a father to his growing children. He serves at his local church by playing guitar, speaking and helping with tech arts. Austin also enjoys being physically active, reading, woodworking, and music.
