Keith Mack
In Colorado, parents have the right to consent to their minor child's behavioural health treatment. However, this right is not absolute, and there are laws in place that allow minors a degree of autonomy in seeking mental health services. The Youth Mental Health Education and Suicide Prevention Act, for instance, allows those 12 and older to consent to mental health services without parental approval. Additionally, Colorado's best interests of the child statute gives family law judges the authority to limit a parent's decision-making power if they are found to have committed domestic violence or child abuse.
| Characteristics | Values |
|---|---|
| Parental consent required for treatment | If the child is under 15 years of age, parental consent is required for treatment. If the child is 15 or older, they can consent to treatment without parental consent. |
| Parental notification of treatment | Mental health professionals may notify parents of treatment if they feel it is in the child's best interest, regardless of the child's consent. |
| Domestic violence or child abuse | If a parent has committed domestic violence or child abuse, it may affect parenting time and legal limitations on shared decision-making. |
| Best interests of the child | The family law judge and the court will consider the best interests of the child when making decisions regarding parenting time and decision-making responsibilities. |
| Medical emergency | In a medical emergency, a parent can obtain necessary medical treatment for their child without violating decision-making responsibility or court orders. |
| Child abuse definition | Child abuse includes causing injury, posing a threat of injury, or engaging in conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or serious bodily injury to a child. |
| Parental use of force | Parents have more leeway to use force than non-parents, but this does not give them free rein to use any amount of force. |
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What You'll Learn
Parental consent for behavioral health services
In Colorado, a bill authorises physicians or mental health professionals to evaluate or treat a minor patient for a behavioural health disorder with the consent of only one parent or legal guardian. This applies in cases where both parents have legal decision-making authority over the minor, but not when there is a court order providing that the parents have joint decision-making authority concerning the medical or behavioural health decisions of the minor. The bill defines a minor as a person under 15 years of age.
In Colorado, the age of consent for a minor to seek and obtain outpatient psychotherapy services from a licensed mental health professional has been lowered from 15 to 12 years of age. A minor aged 10 or above can receive such outpatient services without parental consent. The licensed mental health professional is immune from civil or criminal liability for providing outpatient psychotherapy services unless they act negligently or outside the scope of their practice.
Additionally, if a minor receiving psychotherapy services without parental consent communicates to the mental health professional a clear and imminent intention to harm themselves or others, the professional has a statutory duty to warn and must immediately notify the minor's parent(s), legal guardian, or any other person with custody or decision-making responsibility.
Under Colorado's "best interests of the child" statute, a family law judge is required to consider whether a parent has committed domestic violence or child abuse when determining parenting time and legal limitations on shared decision-making. Child abuse is defined as causing injury to a child's life or health, or placing them in a situation that poses a threat of injury, or engaging in a pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries causing death or serious bodily harm.
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Child abuse and neglect
In Colorado, child abuse is not defined by the family code. However, C.R.S. 18-6-401 states that:
> A person commits child abuse if such person causes an injury to a child's life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.
Colorado's "best interests of the child" statute requires a family law judge to consider whether a parent has committed domestic violence or child abuse. If the judge finds by a preponderance of the evidence that a parent committed domestic abuse, it may affect parenting time and trigger legal limitations on shared decision-making. Child abuse includes violence against children who are not the subject of the custody action. A parent who committed child abuse cannot share decision-making over the objection of the other parent.
Colorado law mandates that specific individuals and institutions, referred to as mandatory reporters, report suspected child abuse or neglect. Over 40 professions are considered mandatory reporters, including physicians, social workers, educators, and athletic program personnel. If a mandatory reporter suspects child abuse or neglect, they must call the Colorado Child Abuse and Neglect Hotline, 844-CO-4-Kids, or report the information to a local law enforcement agency. The hotline became operational on January 1, 2015, and is designed to provide a toll-free, easy-to-remember phone number for individuals to use statewide to report suspected child abuse and neglect.
In terms of treatment, a bill in Colorado authorizes a physician or mental health professional to evaluate or treat a minor patient for a behavioral health disorder with the consent of only one parent or legal guardian if both parents have legal decision-making authority over the minor. However, this does not apply if there is a court order stating that the parents have joint decision-making authority concerning the medical or behavioral health decisions of the minor. The professional is expected to act in the best interest of the minor and provide services for a behavioral health disorder only in accordance with their advice or recommendation.
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Domestic violence and child custody
In Colorado, the "best interests of the child" statute requires a family law judge to consider whether a parent has committed domestic violence or child abuse when making decisions about child custody. The definition of domestic violence in Colorado includes violence or threats of violence against anyone who is or has been in an intimate relationship with the abuser, including spouses, unmarried couples, or co-parents. It also includes other crimes, such as crimes against animals or property, that are used as a means of control, punishment, or intimidation.
When determining the best interests of the child, the court will consider a range of factors, including the nature of the abuse charges, the age of the charges, whether the abusive parent has sought counseling, and the relationship between the abusive parent and the child. The court may also order counseling for the abusive parent, the child, or both to help re-establish their relationship. While the court may still award parenting time to the abusive spouse, this time is likely to be restricted and supervised to protect the child's well-being.
In cases of child abuse, the court will consider whether the abuse resulted in an injury to the child's life or health, or if the child was placed in a situation that posed a threat to their health or safety. The court will also look at the abusive parent's ability to place the child's needs ahead of their own. If the court finds that a child has been conceived as a result of sexual assault, there may be additional protections put in place for the child, and the abusive parent's parenting time may be restricted.
It is important to note that credible evidence of abuse is a significant factor in the court's decision-making process. This evidence can include records from law enforcement, medical records documenting injuries, and reports from witnesses such as friends, family, or neighbors. Victims of domestic violence can also request a protection order to limit the abuser's contact and prohibit them from engaging in further harmful behavior.
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The rights of children to consent to treatment
In Colorado, children have the right to consent to some treatments without parental permission. For instance, a bill lowers the age of consent for minors seeking outpatient psychotherapy from 15 to 12 years old. Minors 10 years of age or older can receive such services without parental consent. The bill also protects the licensed mental health professional from civil or criminal liability, unless they act negligently or outside the scope of their practice.
Additionally, in Colorado, a physician or mental health professional can evaluate or treat a minor patient for a behavioral health disorder with the consent of only one parent or legal guardian if both parents have legal decision-making authority. However, this does not apply if there is a court order stating that the parents have joint decision-making authority regarding the minor's medical or behavioral health decisions.
In cases of domestic violence or child abuse, Colorado's "best interests of the child" statute comes into play. A family law judge will consider whether a parent has committed such acts, and this may impact parenting time and legal limitations on shared decision-making. Child abuse is defined as causing injury to a child's life or health, unreasonably placing a child in a threatening situation, or engaging in a pattern of conduct that results in harm to the child.
It is important to note that while parents have more leeway to use force than non-parents, there are still legal boundaries. Excessive force or abuse by a parent can result in restricted parenting time and legal consequences. Ultimately, the rights of children to consent to treatment in Colorado vary depending on the specific circumstances and the type of treatment involved.
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The duty of mental health professionals to notify parents
In Colorado, mental health professionals play a crucial role in the process of parenting responsibility evaluations, which are used to determine the best custody and visitation arrangements for a child. These evaluations are often conducted by mental health professionals, sometimes referred to as parenting coordinators or evaluators, who have received specialised training and certification. The process typically involves interviews, observations, and a thorough review of relevant documents. The mental health professional will assess each parent's relationship with the child, their parenting abilities, and any potential risk factors, including the parent's mental and physical health. The child's needs and wishes may also be considered if the child is old enough to express them.
One key aspect of a mental health professional's duty in Colorado is the requirement to notify parents in certain situations. For example, if a minor is receiving psychotherapy services without parental consent and the minor communicates to the mental health professional a clear and imminent threat of harm to themselves or others, the professional has a statutory duty to warn the minor's parent, legal guardian, or any person with custody or decision-making responsibility. This is outlined in the bill for the "Age of Consent for Outpatient Psychotherapy for Minors".
Additionally, in cases of domestic violence or child abuse, mental health professionals may be involved in providing treatment to the offending parent. The court can order the offending party to obtain a report from the treatment provider, detailing their progress and addressing any ongoing safety concerns related to parenting time. This is part of Colorado's "best interests of the child" statute, where the family law judge considers the well-being of the child above all else.
It's important to note that, in Colorado, the consent of only one parent is required for a licensed professional to treat a minor for a behavioural health disorder, as specified in the "One Parent Consent for Behavioral Health Services" bill. This applies when both parents have legal decision-making authority and there is no existing court order for joint decision-making regarding the minor's medical or behavioural health.
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Frequently asked questions
In Colorado, children 15 years of age or older can consent to mental health services without the consent of a parent or legal guardian. However, a bill was passed in 2019 that allows children as young as 12 years old to access mental health services without parental consent.
If a parent has committed child abuse, it may affect parenting time and legal limitations on shared decision-making. A parent who has committed child abuse cannot share decision-making over the objection of the other parent.
A mental health professional can treat a minor for a behavioral health disorder with the consent of only one parent or legal guardian of the minor if both parents have legal decision-making authority.
Yes, a court can order a parent who has committed domestic violence to pay for the costs of the domestic violence evaluations and treatment.
