Treatment Rights
You must be provided prompt and
adequate treatment.
If you are 14 years or older, you
can refuse mental health treatment
until a court orders it.
You must be told about your
treatment and care.
You have the right to and are
encouraged to participate in the
planning of your treatment and care.
You and your relatives must be
informed of any costs they may have
to pay for your treatment.
Record Access and Privacy
Rights
Staff must keep your treatment
information private (confidential).
However, it is possible that your
parents may see your records.
If you want to see your records, ask
a staff member.
If you are younger than
14-years-old, you must view your
records in the presence of a
parent/guardian, attorney, judge, or
staff member. You may always see
your records on any medications you
take.
Regardless of your age, staff may
limit how much you may see of your
records. They must give you reasons
for any limits.
If you are at least 14-years-old,
you can consent to releasing your
own mental health treatment records
to others.
If you are at least 12-years-old,
you can consent to releasing your
substance use treatment records to
others.
Personal Rights
You must be informed of your rights.
Reasonable decisions must be made
about your treatment and care.
You cannot be treated unfairly because
of your race, national origin, sex,
gender expression, religion, disability or
sexual orientation.
Patient Rights Help
If you want to know more about your
rights or feel your rights have been
violated, you may do any of the
following:
• Contact patient rights staff.
Their contact information should be
provided to you by your treatment
provider. Treatment providers
should also list this information on
a poster.
• File a complaint. Patient rights
staff will look into your complaints.
They will keep your complaints
private (confidential); however,
they may need to ask staff about
the situation.
• Contact Disability Rights
Wisconsin. They are the
protection and advocacy
organization for Wisconsin. Their
advocates and attorneys can help
you with patient rights questions.
Call 608-267-0214 or
800-928-8778.
For more information, visit:
www.dhs.wisconsin.gov/clientrights/minors
Wisconsin Department of Health Services
Division of Care and Treatment Services
P-20470B (06/2021)
Rights
Of
Minors
Outpatient
Behavioral
Health
Treatment
Information about the
legal rights of children and
adolescents in outpatient
mental health and substance use
treatment
Consent for Mental Health
Treatment
If you are younger than
14-years-old, a parent or guardian
must agree, in writing, to you receiving
outpatient mental health treatment.
If you are 14 years or older, you and
your parent or guardian must agree to
you receiving outpatient mental health
treatment.
If you want treatment but your parent
or guardian is unable to agree to it or
won’t agree to it, you (or someone on
your behalf) can petition the county
mental health review officer for a
review.
If you do not want treatment but your
parent/guardian does, the treatment
director for the clinic where you are
receiving services must petition the
mental health review officer for a
review.
Regardless of your age, in an
emergency, the treatment director for
the clinic may allow you to receive
outpatient mental health treatment, but
no medication, for up to 30 days.
During the 30 days, the treatment
director must get informed written
consent of your parent or guardian, or
file a petition for review for admission
with the Mental Health Review Officer.
Review by Mental Health
Review Officer and/or Court
Each juvenile court appoints a mental
health review officer for their county.
Find the mental health review officer for
your county at:
www.dhs.wisconsin.gov/clientrights/mhros
The juvenile court must ensure that you
are provided any necessary assistance in
the petition for review.
If you request it and the mental health
review officer believes it is in your best
interests, review by the mental health
review officer can be skipped and the
review will be done by the court (judicial
review).
If the mental health review officer does
the review, a hearing must be held within
21 days of the filing of the petition for
review, and everyone must get at least 96
hours (4 days) notice of the hearing.
To approve your treatment (against your
will or despite the refusal of your
parent/guardian) the mental health review
officer must find that all these are true:
• The refusal of consent is unreasonable.
• You are in need of treatment.
• The treatment is appropriate and least
restrictive for you.
• The treatment is in your best interests.
If you disagree with the decision of the
mental health review officer, you and your
parent/guardian will be informed of the
right to a judicial review.
If the court does the review, within 21
days of the mental health review officer’s
ruling, you (or someone acting on your
behalf) can petition the juvenile court for a
judicial review.
A court hearing must be held within 21
days of the petition, and everyone must get
at least 96 hours (4 days) notice of the
hearing.
If you do not want the treatment, the court
must appoint you an attorney at least 7
days prior to the hearing.
If it is your parent/guardian who does not
want the treatment and you do not already
have a lawyer, the court must appoint you
one.
To approve your treatment (against your
will or despite the refusal of your
parent/guardian), the judge must find that
all these are true:
• The refusal of consent is unreasonable.
• You are in need of treatment.
• The treatment is appropriate and least
restrictive for you.
• The treatment is in your best interests.
A court ruling does not mean that you have
a mental illness.
The court’s ruling can be appealed to the
Wisconsin Court of Appeals.
Consent for Substance Use
Treatment
Any minor can consent to substance use
treatment at a public facility as long as it is
for prevention, intervention, or follow up.
If you are younger than 12-years-old,
you may only get limited substance use
treatment (such as detox) without a parent
or guardian’s consent.
If you are 12-years-old or older, you can
be provided some limited treatment
(assessment, counseling, and detox less
than 72 hours) without your parent or
guardian’s consent or knowledge.
If your parent or guardian agrees to it, you
can be required to participate in substance
use treatment, including assessment and
testing.
