# Tenn. Code Ann. § 33-8-202: Rights of child sixteen (16) > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-202 ## Section - **Citation:** Tenn. Code Ann. § 33-8-202 - **Heading:** Rights of child sixteen (16) - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 33 / Chapter 8 / Section 33-8-202 ## Text (a) If a child with serious emotional disturbance or mental illness is sixteen (16) years of age or older, the child has the same rights as an adult with respect to outpatient and inpatient mental health treatment, medication decisions, confidential information, and participation in conflict resolution procedures under this title except as provided in part 3 of this chapter, or as otherwise expressly provided in this title. If the child's parent, legal guardian, legal custodian, or treating professional believes that the child's decision to terminate treatment, other than a request for discharge under chapter 6, part 2 of this title, will have severe adverse effects on the child, the conflict resolution procedures under chapter 2, part 6 of this title shall be used. (b) An outpatient facility or professional may provide treatment and rehabilitation without obtaining the consent of the child's parent, legal guardian, or legal custodian. (c) Notwithstanding subsections (a) and (b), and to the extent allowable by federal privacy laws and regulations: (1) A child's parent, legal guardian, or legal custodian may access any prescription records resulting from treatment provided to an unemancipated minor pursuant to this section; (2) Notwithstanding subdivision (c)(1), a child's parent, legal guardian, or legal custodian shall not access prescription records resulting from the treatment provided to an unemancipated minor pursuant to this section if the treating professional is required to report abuse of the unemancipated minor pursuant to § 37-1-403 or § 37-1-605 , and the treating professional believes that access to the prescription records is reasonably likely to endanger the life or physical safety of the minor; and (3) If an unemancipated minor communicates suicidal ideations to the treating professional, and the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the unemancipated minor has the apparent ability to attempt suicide and is likely to attempt suicide unless prevented from doing so, then the treating professional shall, in addition to any other duties required by law, report such suicidal ideations to the unemancipated minor's parent, legal guardian, or legal custodian. Amended by 2024 Tenn. Acts, ch. 761,s 3, eff. 4/22/2024. Acts 2000, ch. 947, § 1. (a) If a child with serious emotional disturbance or mental illness is sixteen (16) years of age or older, the child has the same rights as an adult with respect to outpatient and inpatient mental health treatment, medication decisions, confidential information, and participation in conflict resolution procedures under this title except as provided in part 3 of this chapter, or as otherwise expressly provided in this title. If the child's parent, legal guardian, legal custodian, or treating professional believes that the child's decision to terminate treatment, other than a request for discharge under chapter 6, part 2 of this title, will have severe adverse effects on the child, the conflict resolution procedures under chapter 2, part 6 of this title shall be used. (b) An outpatient facility or professional may provide treatment and rehabilitation without obtaining the consent of the child's parent, legal guardian, or legal custodian. rminate treatment, other than a request for discharge under chapter 6, part 2 of this title, will have severe adverse effects on the child, the conflict resolution procedures under chapter 2, part 6 of this title shall be used. (b) An outpatient facility or professional may provide treatment and rehabilitation without obtaining the consent of the child's parent, legal guardian, or legal custodian. (c) Notwithstanding subsections (a) and (b), and to the extent allowable by federal privacy laws and regulations: (1) A child's parent, legal guardian, or legal custodian may access any prescription records resulting from treatment provided to an unemancipated minor pursuant to this section; (2) Notwithstanding subdivision (c)(1), a child's parent, legal guardian, or legal custodian shall not access prescription records resulting from the treatment provided to an unemancipated minor pursuant to this section if the treating professional is required to report abuse of the unemancipated minor pursuant to § 37-1-403 or § 37-1-605 , and the treating professional believes that access to the prescription records is reasonably likely to endanger the life or physical safety of the minor; and (3) If an unemancipated minor communicates suicidal ideations to the treating professional, and the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the unemancipated minor has the apparent ability to attempt suicide and is likely to attempt suicide unless prevented from doing so, then the treating professional shall, in addition to any other duties required by law, report such suicidal ideations to the unemancipated minor's parent, legal guardian, or legal custodian. (1) A child's parent, legal guardian, or legal custodian may access any prescription records resulting from treatment provided to an unemancipated minor pursuant to this section; (2) Notwithstanding subdivision (c)(1), a child's parent, legal guardian, or legal custodian shall not access prescription records resulting from the treatment provided to an unemancipated minor pursuant to this section if the treating professional is required to report abuse of the unemancipated minor pursuant to § 37-1-403 or § 37-1-605 , and the treating professional believes that access to the prescription records is reasonably likely to endanger the life or physical safety of the minor; and (3) If an unemancipated minor communicates suicidal ideations to the treating professional, and the professional, using the reasonable skill, knowledge, and care ordinarily possessed and exercised by the professional's specialty under similar circumstances, has determined or reasonably should have determined that the unemancipated minor has the apparent ability to attempt suicide and is likely to attempt suicide unless prevented from doing so, then the treating professional shall, in addition to any other duties required by law, report such suicidal ideations to the unemancipated minor's parent, legal guardian, or legal custodian. Amended by 2024 Tenn. Acts, ch. 761,s 3, eff. 4/22/2024. Acts 2000, ch. 947, § 1. ## Nearby sections - [Tenn. Code Ann. § 33-8-101 Applicability of title to children](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-101.md) - [Tenn. Code Ann. § 33-8-102 Responsibilities of department with regard to children](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-102.md) - [Tenn. Code Ann. § 33-8-103 Children as priority population](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-103.md) - [Tenn. Code Ann. § 33-8-104 Emancipated children - Rights and responsibilities under this title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-104.md) - [Tenn. Code Ann. § 33-8-105 Interagency plans for transition to adult services](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-105.md) - [Tenn. Code Ann. § 33-8-106 Interagency agreements - Cooperation of service providers with department](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-106.md) - [Tenn. Code Ann. § 33-8-201 Child with alcohol or drug dependence or developmental disability](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-201.md) - [Tenn. Code Ann. § 33-8-202 Rights of child sixteen (16)](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-202.md) - [Tenn. Code Ann. § 33-8-203 Parents, custodians and guardians to participate in child's outpatient treatment plan](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-203.md) - [Tenn. Code Ann. § 33-8-301 Electroconvulsive therapy upon child prohibited except under this part](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-301.md) - [Tenn. Code Ann. § 33-8-302 Electroconvulsive therapy - When authorized for child with mania or severe depression](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-302.md) - [Tenn. Code Ann. § 33-8-303 Electroconvulsive therapy - When authorized for child over fourteen (14)](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-303.md) - [Tenn. Code Ann. § 33-8-304 Electroconvulsive therapy - When authorized for child in state custody](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-304.md) - [Tenn. Code Ann. § 33-8-305 Electroconvulsive therapy upon child - Court approval or finding of emergency required](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-305.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C8_S33-8-202. Check the current official text before relying on it. Not legal advice.