Consent for Mental Health and/or Developmental Assessments and Services
0600-501.09 | Revision Date: 2/13/2026

Overview

This policy guide provides information on obtaining consent for mental health and/or developmental assessments and services, including steps to take when consent is declined or unavailable. This guide also provides steps to take when a child/youth declines services.

Table of Contents

Policy

Procedure

Approvals

Helpful Links

Version Summary

This policy guide was updated from the 5/12/2015 version to incorporate information from Assembly Bill (AB) 665, which amends Family Code Section 6924 to enable minors age twelve (12) and older to consent to outpatient mental health treatment or counseling without meeting the prior higher-risk criteria. AB 665 also requires mental health providers to consult with minors when determining whether parent or guardian involvement is appropriate. This policy guide also adds information on consent forms for NMDs and adds the option to submit a JV-535 Order Designating Educational Rights Holder in lieu of a redacted minute order when requesting developmental services for a child or NMD. This version clarifies that minors cannot consent to developmental assessments regardless of their age. The “Recommendation for Court Order for Mental Health and/or Developmental Assessment, Services and Release of Information” attachment was also updated.

POLICY

This policy guide provides general information on consent for mental health and/or developmental assessment and services. Any case-specific issues on this type of consent require consultation with County Counsel.

CSWs are responsible for obtaining consent from a parent/legal guardian via their signature on the DCFS 179-MH, Parental Consent for Child’s Assessment and Participation in Mental Health and/or Regional Center Developmental Services as well as DCFS 179-PHI, Authorization for Disclosure of Child's Protected Health Information. In some cases, if the child is twelve (12) years or older, the mental health services provider may obtain consent directly from the youth in lieu of parental consent.

The following table summarizes who can consent and withdraw consent for mental health/developmental assessment and services. Refer to the information below the table for additional details.

  Can Consent and Withdraw Consent for Mental Health Assessments and Services? Can Consent and Withdraw Consent for Developmental Assessments and Services?
Parent/Legal Guardian Yes
  • Unless limited by court
  • Unless minor twelve (12) and older can provide own consent
Yes
  • Unless limited by court
Resource Parents/Caregivers Only if court authorizes consent (Educational Rights Holder [ERH]) Only if court authorizes consent (Developmental Services Decision Maker [DSDM])
Youth twelve (12) and older Yes, if deemed mature enough by medical professional Only if court authorizes consent (Developmental Services Decision Maker [DSDM])
Nonminor Dependents (NMDs) Yes, unless there is a court order stating otherwise No
CSW or Child’s Attorney No No


Children/youth receiving child welfare services may need early intervention; developmental and/or special education assessments and services as well as mental health assessments and mental health services.

Children/youth receiving ongoing child welfare services from the Department of Children and Family Services (DCFS) (voluntary or court) who are in a newly promoted case or have an observed behavioral indicator must be referred to appropriate mental health services, per the Katie A. settlement. Multidisciplinary Assessment Teams (MAT) and Coordinated Services Action Teams (CSAT) are available to CSWs in all Regional Offices to ensure that these services can be accessed.

Consent is required for all children/youth who are referred to mental health services, or for children/youth who have been referred to a Regional Center (RC) via a MAT assessment or medical examination. Children’s Social Workers (CSWs) must conduct developmental screenings for children/youth in accordance with the Assessing a Child's Development & Referring to a Regional Center policy and if the CSW observes or suspects a developmental delay/disability, the CSW shall refer the child/youth to the RC within seven (7) business days.   

CSWs must conduct mental health screenings for children/youth in accordance with the Referring Children for Mental Health Services and the Coordinated Services Action Team (CSAT) policy and if the CSW observes or suspects mental health concerns, the CSW shall submit a Mental Health Referral (MHR) for the child/youth.

Children/youth with open Probate Legal Guardianship cases can also be referred for mental health and/or developmental assessments and services as needed.

The parent/legal guardian is legally responsible for making decisions on the child's behalf regarding early intervention, and developmental and educational assessments and services. If the parent/legal guardian is unable or unwilling to fulfill this responsibility, the Juvenile Dependency Court may limit the parent's educational and/or developmental services decision-making rights and appoint an Educational Rights Holder (ERH) and/or Developmental Services Decision-Maker (DSDM). If the child has an ERH and/or DSDM, this person provides consent for early intervention, developmental and/or educational assessments and services and developmental and/or educational assessments and services

Parent(s) do not have the legal authority to consent to mental health and/or developmental assessment and services when:

  • Parental rights have been terminated
  • The child/youth is under legal guardianship
  • There is a prior court order/family law order, limiting the parent's right to consent.

Parents cannot consent to:

  • Psychotropic Medication for a dependent child/youth in out-of-home care (post-disposition), unless permitted by the court.
  • Psychiatric Hospitalizations for a dependent child/youth.
  • Psychosurgery, as defined in Welfare and Institutions Code (WIC) Section 5325(f)(g).
  • Convulsive Treatment, as defined in WIC § 5325(f)(g).

Resource parents and caregivers do not have legal authority to provide consent for mental health and/or developmental assessment and services for a child/youth unless there is a court order authorizing this. Child/youth's attorney and social workers do not have legal authority to provide consent for mental health and/or developmental assessment.

Youth Twelve (12) Through Seventeen (17) Providing Consent

A youth can consent to mental health treatment in the following situations:

The youth’s mental health treatment provider shall involve the youth’s parent or guardian in the youth’s mental health treatment unless the mental health treatment provider, after consulting with the youth, determines that the involvement would be inappropriate. It is the provider’s responsibility to document in the youth’s clinical records whether they tried to contact the parent or guardian, if they were able to reach them, or why a decision was made to not involve them.

The CSW is legally authorized to inform the youth of his/her right to consent to and receive mental health treatment and/or treatment for alcohol and drug use disorder.

The mental health provider is responsible for obtaining consent from the youth on the applicable forms(s) used by that provider. If the provider determined that the youth does not have the requisite ability to give informed consent, the youth's consent will not be valid. For DMH providers, the forms are: Consent of Minor, Consent for Services, and Authorization for Disclosure of Protected Health Information.

Children/youth, regardless of their age, cannot consent to developmental assessments or services.

Nonminor Dependent (NMD) Consent

Youth who are eighteen (18) years of age or older and are dependents of the court are defined as nonminor dependents (NMD). They retain all of their legal decision-making authority as an adult and can consent and withdraw consent to their own mental health or developmental care without court authorization, unless there is a court order stating the contrary (e.g., conservatorship). DCFS may obtain consent for mental health/developmental services from an NMD by asking them to sign the DCFS 6009, Nonminor Dependent Informed Consent and DCFS 6010, Nonminor Dependent 2-Way Authorization for Sharing Information. If a NMD declines treatment and their declining of treatment places them in serious danger of harm to self or other, contact the DMH ACCESS hotline at 800-954-7771 and request a response (joint response if possible) with DMH Field Response Operations (FRO). Inform all appropriate parties of the outcomes.

Information about known mental health or developmental problems, medication and other relevant health information for NMDs must be documented in the Health and Education Passport (HEP). Information in the HEP is confidential but must be provided to the caregiver of any NMD placed in a licensed and approved setting (except for SILPs). The CSW must advise the NMD of the CSWs obligation to provide the HEP summary to the caregiver.

The HEP may be included in the court report only if the NMD provides written consent. The CSW must discuss with the NMD, the benefits and liabilities of sharing that information. This conversation must be documented as a contact on CWS/CMS.

Withdrawal of Consent

A parent/legal guardian and/or a youth/NMD who has authority to consent can withdraw their consent for mental health assessment and services at any time. A parent/legal guardian can do this by signing and submitting the "Revocation of Consent" on the DCFS 179-MH and providing it to the CSW. A parent/legal guardian can also withdraw their consent for developmental assessment and services in this same manner at any time (Children/youth cannot consent to or withdraw consent for developmental assessments/services).  When consent is withdrawn on a voluntary case, the CSW, in consultation with the SCSW, must consider whether or not it is still appropriate for the case to be voluntary.

Protected Health Information (PHI)

CSWs are also responsible for obtaining authorization for disclosure of Protected Health Information (PHI) via the DCFS 179-PHI, Authorization for Disclosure of Child’s Protected Health Information (PHI), on all newly detained children/youth in out-of-home care to enable referral to MAT for comprehensive assessments or referral to an RC

PROCEDURE

Within this policy, “newly detained” is defined as a child/youth removed from the custody of their parent(s)/legal guardian(s) under a WIC § 300 petition, placed in out-of-home care, and not named on a currently open case. This does not include children/youth removed from one (1) parent and placed with another parent under an already existing Court FM case or a failed VFM.

The Consent Request Decision Tree attachment provides a summary of procedures to obtain consent for mental health/developmental assessments and services. 

Emergency Response (ER)/Emergency Response Command Post (ERCP) Children’s Social Worker (CSW) Responsibilities

  1. Prior to the detention hearing, explain to the parent/legal guardian that their consent is needed to provide the child/youth with necessary and appropriate mental health and/or developmental (RC) assessment and services. Explain that signing the DCFS 179-MH, Parental Consent for Child’s Assessment and Participation in Mental Health and/or Regional Center Developmental Services is their agreement to have the child/youth receive mental health and developmental assessment and services, as the service provider deems appropriate. The parent/legal guardian/ERH will be asked to sign a service plan with the RC authorizing needed services.
    • If the parent/legal guardian does not agree to sign the DCFS 179-MH, it will not be held against them, but consent will be sought through the court at the detention hearing. This should be explained to the parent. 
    • If the parent/legal guardian completed and signed both sides of the DCFS 179-MH, place the original in the Psychological/Medical/Dental/School Folder (purple) and provide a copy to:
      • The parent/legal guardian
      • The service provider responsible for providing mental health services
      • The RC to further screen for possible assessment and if eligible, authorization of services
      • Any caregiver responsible for obtaining mental health and/or developmental services for the child/youth, and/or the CSAT Team
  2. If the DCFS 179-MH and DCFS 179-PHI were signed by the parent(s)/legal guardian(s), document the following in the “REASONABLE EFFORTS AND/OR PRIOR INTERVENTIONS/SERVICES OFFERED” section of the Detention Report:
    • “Parent/Legal Guardian (enter parent’s name) signed the DCFS 179-MH, Parental Consent for Child’s Assessment and Participation in Mental Health and/or Regional Center Development Services, and the DCFS 179-PHI, Authorization for Disclosure of Child’s Protected Health Information.”
  3. If consent was not obtained from the parent/legal guardian before the Detention Hearing, include the following in the Court Report:
    1. REASONABLE EFFORTS AND/OR PRIOR INTERVENTIONS
    2. SERVICES OFFERED: Describe the efforts made to obtain the parent’s signature on the forms, and the reason why it was unsuccessful.
    3. RECOMMENDATIONS: Add the language contained in Recommendation for Court Order of Mental Health and/or Developmental Assessment, Services, and Release of Information.
  4. When the minute order is received with the court consent, provide a copy of the redacted minute order to the mental health provider to initiate mental health treatment for the child/youth and/or RC to complete the developmental assessment and to provide services.
    • If needed, request County Counsel assistance for redacting information from the minute order. 

ER Supervising Children’s Social Worker (SCSW) Responsibilities

  1. Review and approve the Detention Report.
    • If not approved, instruct the CSW to make changes as needed.

The Consent Request Decision Tree attachment provides a summary of procedures to obtain consent for mental health/developmental assessments and services.

ER/Case-Carrying CSW Responsibilities

  1. Prior to, or at the signing of the VFM or VFR Case Plan, explain to the parent/legal guardian that their consent is needed to provide the child/youth with necessary and appropriate mental health and/or developmental (RC) assessment and services. Explain that signing the DCFS 179-MH, Parental Consent for Child’s Assessment and Participation in Mental Health and/or Regional Center Developmental Services is their agreement to have the child/youth receive mental health and developmental assessment and services, as the service provider deems appropriate. The parent/legal guardian will be asked to sign a service plan with the RC authorizing needed services.
    1. If the parent/legal guardian does not agree to sign the DCFS 179-MH, it will not be held against them, but consent will be sought from the child/youth, if the child is twelve (12) years or older.
    2. If the parent/legal guardian signed the DCFS 179-MH, place the original in the Psychological/Medical/Dental/School Folder (purple) and provide a copy to:
      1. The parent/legal guardian
      2. If a VFR case, the service provider/RC responsible for providing mental health or developmental assessments and services and/or any caregiver responsible for obtaining mental health and/or developmental services for the youth
      3. The CSAT Team.
  2. If the parent declined to sign the DCFS 179-MH, document efforts made to obtain consent from the parent/legal guardian in the Contact Notebook.
    1. Attempt to obtain consent for mental health services from the youth if they are twelve (12) years or older.
      • Have the service provider determine if the youth can legally consent to their own mental health services.
      • If the youth can provide consent, advise the service provider that they must obtain the signature of the youth on the applicable form(s) utilized by that provider.
      • Request copies of the documents and file them in the Psychological/Medical/Dental/School folder (purple).

The Consent Request Decision Tree attachment provides a summary of procedures to obtain consent for mental health/developmental assessments and services.

Case-Carrying CSW/Dependency Investigator (DI) (Pre-Dispo) Responsibilities

  1. Explain to the parent(s)/legal guardian(s) that signing the DCFS 179-MH, Parental Consent for Child’s Assessment and Participation in Mental Health and/or Regional Center Developmental Services (Regional Center). Is their agreement to have the child/youth receive necessary & appropriate mental health and developmental assessment and services, as the service provider deems appropriate. The parent/legal guardian will be asked to sign a service plan with the RC authorizing needed assessments and services.
    1. If the parent/legal guardian does not agree to sign the DCFS 179-MH, it will not be held against them, but consent will be obtained through the court.
      • Consent for mental health services can be sought from the child/youth, if they are twelve (12) years or older.
    2. If the parent/legal guardian signed the DCFS 179-MH, place the original in the Psychological/Medical/Dental/School folder (purple) and provide a copy to:
      1. The parent/legal guardian
      2. The service provider responsible for providing mental health services
      3. The RC to further screen for possible assessment and if eligible, authorization of services
      4. Any caregiver responsible for obtaining mental health and/or developmental services for the youth
      5. The CSAT Team
  2. If the parent declined or is unavailable to sign the DCFS 179-MH, and it is more expedient to obtain consent from the Court, complete the following steps:
    1. Within three (3) business days of the parent/legal guardian declining to sign the DCFS 179-MH, walk on an Ex-Parte report requesting an appearance hearing for the Court to consent for the child/youth’s mental health and/or developmental assessment and services. Include the following information in the Ex-Parte:
      1. Explain that the parent/legal guardian is not available to provide consent or declines to provide consent.
      2. Describe efforts made to obtain consent from the parent/legal guardian.
      3. Explain that court consent is necessary to meet the mental health and/or developmental needs of the child/youth.
      4. Include the language contained in the Recommendations section of the Court Report.
    2. When the minute order is received with the court consent, provide a copy of the redacted minute order to the mental health provider to initiate mental health treatment for the child/youth and/or the RC to screen for the developmental assessment and if eligible, to authorize services. Also provide a copy of the redacted minute order to CSAT.
  3. For mental health referrals and services only, if the parent declined or is unavailable to sign the DCFS 179-MH, and it is more expedient to obtain consent from the youth (if they are twelve (12) or older), attempt to obtain consent from the youth.
    1. Have the service provider determine if the youth can legally consent to their own mental health services.
    2. If the youth can provide consent, advise the service provider that they must obtain the signature of the youth on the applicable form(s) utilized by that provider.
    3. Request copies of the documents and file them in the Psychological/Medical/Dental/School folder (purple).
  4. Document all efforts made to obtain consent from the youth and/or efforts to obtain consent from the parent/legal guardian in the Contact Notebook.

Case-Carrying SCSW Responsibilities

  1. Review and approve the Ex-Parte report.
    • If not approved, instruct the CSW to make changes as needed.

Parent/Legal Guardian Withdraws Consent on a Court Supervised Case

The Consent Request Decision Tree attachment provides a summary of procedures to obtain consent for mental health/developmental assessments and services.

Case-Carrying CSW/DI (Pre-Dispo) Responsibilities

  1. If the parent/legal guardian notifies DCFS that they wish to withdraw consent for mental health and/or developmental services, speak with them about their reasoning for withdrawing consent and determine if alternatives can be found that address the concerns.
  2. If the parent/guardian’s issues regarding withdrawing consent cannot be resolved, inform the service provider that the parent/legal guardian withdrew their consent for mental health and/or developmental (RC) assessment and services.
    1. For mental health services only, if the child is twelve (12) years or older, determine with the service provider which course of action will facilitate the continuity of services: obtaining consent from the youth or obtaining consent through the Court.
    2. If the youth can provide consent, advise the service provider that they must obtain the signature of the youth on the applicable form(s) utilized by that provider.
    3. Minors cannot consent to developmental services. If the parent(s)/guardian(s) withdraws consent for developmental services:
      • Alert the court of the withdrawal and request a court order (refer to “step e”) for continued developmental services and/or request a court order to limit the parent/guardian’s developmental services decision-making rights and request to appoint a new DSDM.
    4. Request copies of the documents and file them in the Psychological/ Medical/Dental/School folder (purple).
    5. If it is determined that obtaining consent through the Court is the best route, within three (3) business days of “Revocation of Consent” from the parent, walk on an Ex-Parte report requesting an appearance hearing for the Court to consent for the youth’s mental health and/or developmental assessment and services. Explain the following in the Ex-Parte Report and attach a copy of the parent/legal guardian's signed “Revocation of Consent”:
      • The parent/legal guardian has withdrawn their consent for mental health and/or developmental assessment and services
      • The Court’s consent is necessary to meet the mental health needs and/or developmental needs of the youth.
    6. Include the language contained in the Recommendations section of the Court Report.
    7. When the minute order (redacted) is received with the Court consent, provide a copy to the mental health provider to initiate mental health treatment for the child/youth and/or to the RC to further screen for possible assessment and if eligible. Also provide a copy of the redacted minute order to CSAT.
      • For an RC referral only, the DCFS JV-535 can be provided in lieu of the minute order.

Case-Carrying SCSW Responsibilities

  1. Review and approve the Ex-Parte report.
    • If not approved, instruct the CSW to make changes as needed.

Child/Youth/NMD Declines to Participate in Mental Health and/or Developmental Services

The Consent Request Decision Tree attachment provides a summary of the information below.

Case-Carrying CSW Responsibilities

  1. Document all efforts made to provide the youth/NMD with the appropriate mental health and/or developmental (RC) services.
  2. Obtain a letter from the service provider stating that the youth/NMD is declining treatment.
  3. Using the next court report, inform the Court of the youth/NMD's declining to participate in mental health and/or developmental services and attach the letter from the service provider.
  4. Call or email the youth/NMD's attorney and inform them that the youth/NMD is declining to participate in mental health and/or developmental services.
    • Document this phone call/email in the CWS/CMS Contact Notebook.
  5. During monthly face-to-face visits with the child/youth/NMD, encourage them to participate in mental health and/or developmental services and remind them that these services are always available.
    • Document these efforts in the CWS/CMS Contact Notebook.
APPROVALS

SCSW Approval

  • Detention Report
  • Ex-Parte Report
HELPFUL LINKS

Attachments

Consent Guide for Mental Health and Developmental Assessments and Services

Consent Request Decision Tree

Recommendation for Court Order for Mental Health and/or Developmental Assessment, Services, and Release of Information (Revised)

Forms

LA Kids

DCFS 179-MH (Spanish), Parental Consent for Child’s Assessment and Participation in Mental Health and/or Regional Center Developmental Services

DCFS 179-PHI (Spanish), Authorization for Disclosure of Child’s Protected Health Information (PHI) 

JV-535 (Spanish), Order Designating Educational Rights Holder

DCFS 6009, Nonminor Dependent Informed Consent

DCFS 6010, Nonminor Dependent 2-Way Authorization for Sharing Information

REFERENCED POLICY GUIDES

0070-516.10, Assessing a Child's Development & Referring to a Regional Center

0070-516.15, Referring Children for Mental Health Services and the Coordinated Services Action Team (CSAT)

0070-547.14, Expedited Joint Response Protocol with the DMH Field Response Operations (FRO)

0080-502.25, Court Family Maintenance and Voluntary Family Maintenance

0080-505.20, Health and Education Passport (HEP)

0100-510.21, Voluntary Placement

0300-503.40, Probate Legal Guardianship

0300-503.94, Set-On/Walk-On Procedures

0600-500.05, Multidisciplinary Assessment Team (MAT) Assessments and Meetings

0600-501.05, Psychological Testing of DCFS-Supervised Children

0600-505.20, Hospitalization of and Discharge Planning for DCFS-Supervised Children

0600-508.00, Supporting Foster Youth at Risk or Suspected of Substance Use

0600-514.10, Psychotropic Medication: Authorization, Review, and Monitoring for DCFS Supervised Children

0600-515.11, Community Treatment Facility (CTF) Placements through the Interagency Placement Screening Committee

0700-504.20, Referring Children for Special Education or Early Intervention Services

0700-507.10, Appointment of an Educational Representative, Educational Surrogate Parent, or Developmental Services Decision-Maker

STATUTES AND OTHER MANDATES

Family Code (FAM) Section 6550 - Defines a qualified relative caregiver and specifies requirements that must be met for a qualified relative caregiver to consent to medical, dental or mental health treatment of a child/youth in his/her care.

FAM Section 6552 - States what form the qualified relative caregivers authorization affidavit must take and what information must be included.

FAM Section 6922 - States the requirements allowing an emancipated minor to consent to their medical and dental treatment.

FAM Section 6924 – States, in part, that a minor who is twelve (12) years of age or older may consent to mental health treatment or counseling on an outpatient basis, or to residential shelter services, if the minor, in the opinion of the attending professional person, is mature enough to participate intelligently in the outpatient services or residential shelter services. Additionally, states that the mental health treatment or counseling of a minor authorized by this section shall include involvement of the minor’s parent or guardian unless the professional person who is treating or counseling the minor, after consulting with the minor, determines that the involvement would be inappropriate. 

FAM Section 6929:  States that a minor who is 12 years of age or older may consent to medical care and counseling relating to the diagnosis and treatment of a drug- or alcohol-related problem. The treatment plan of a minor authorized by this section shall include the involvement of the minor’s parent or guardian, if appropriate, as determined by the professional person or treatment facility treating the minor. 

FAM Section 7002 – States that a person under the age of eighteen (18) is an emancipated minor under certain conditions.

Health & Safety Code Section 124260 – States, in part that a minor who is twelve (12) years or older may consent to mental health treatment or counseling services if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently.

Welfare & Institutions Code (WIC) Section 303(d)(1)- States becoming a NMD shall not be construed to provide legal custody of a person who has attained 18 years of age to the county welfare or probation department or to otherwise abrogate any other rights that a person who has attained 18 years of age may have as an adult under California law. A nonminor dependent shall retain all of their legal decision-making authority as an adult.

WIC Section 319(g) and Section 361(a) – Sets forth the requirements regarding temporary (319(g)) limitation or limitation (361(a)) of parent or legal guardian educational and/or developmental services decision making rights and assignment of a responsible adult to make educational and developmental decisions on the child’s behalf or for the court to make educational and developmental decisions on the child/youth’s behalf if no responsible adult is available.

WIC Section 369(h) - Provides authorization for the social worker to inform children ten (10) through seventeen (17) years of age of their right to consent to and receive mental health treatment or counseling on an outpatient basis or residential shelter services (see Family Code section 6924) and/or the right to consent to medical care and counseling relating to the diagnosis and treatment of drug or alcohol related problems (see Family Code section 6929).

WIC Section 5325 – States in part that all psychiatric patients have the right to refuse convulsive treatment and psychosurgery and lists what is considered convulsive treatment.