Michigan Minor Substance Use Treatment Consent

A teenager in your care is struggling with alcohol or drugs, and you want to get them help — but the parent isn't available to sign anything. Or the teen wants help and doesn't want anyone to know. Michigan law has a specific provision for exactly this situation.

MCL 330.1264: Substance Use Treatment Without Parental Consent

Under MCL 330.1264, a minor who is or professes to be an individual with a substance use disorder can consent to related medical or surgical care, treatment, or services from a hospital, clinic, or health professional authorized by law. No other person's consent is required.

This covers:

• Outpatient counseling for alcohol or drug use
• Diagnostic assessments and screenings
• Inpatient treatment
• Therapeutic treatment programs

The statute exists because teenagers dealing with substance use may avoid care if another person's consent is required. Michigan law removes that consent requirement while allowing a treating physician to inform a parent, guardian, or person in loco parentis for medical reasons.

Confidentiality Is Built In

MCL 330.1264(2) does not require a treating physician to inform a parent, guardian, or person in loco parentis, but the physician may do so for medical reasons, even without the minor's consent.

Federal regulations under 42 C.F.R. Part 2 add another layer of protection specifically for substance use treatment records, restricting disclosure even more tightly than standard HIPAA rules.

As a grandparent or relative caregiver, this means a teen in your care might be receiving treatment you don't know about. That can feel unsettling, but the confidentiality protections exist to encourage teens to get help early rather than hiding a problem until it becomes a crisis.

How This Intersects with Mental Health Consent

Michigan has separate provisions for mental health and substance use:

• Outpatient mental health (MCL 330.1707): minor must be age 14 or older, limited to 12 sessions or 4 months, whichever comes first; no psychotropic medications without parental consent
• Substance use treatment (MCL 330.1264): a minor who is or professes to be an individual with a substance use disorder may consent to related care, treatment, or services; the statute sets no minimum age or 72-hour limit

A teenager dealing with both depression and substance use might access services under both statutes simultaneously — therapy under one, substance counseling under the other.

What If the Teen Needs Longer Treatment?

MCL 330.1264 does not set a 72-hour limit. Ask the treatment provider what services it offers and what admission requirements apply.

If you have a POA and the teen is willing to include you, ask the facility whether it helps with other care or practical decisions. MCL 330.1264 itself lets the minor consent to substance use disorder-related services without a POA or guardianship, and it sets no treatment-duration limit.

Financial Coverage

Michigan Medicaid and MIChild cover medically necessary substance use disorder treatment services; some services may require prior approval. If a private health plan provides substance use disorder benefits, the federal Mental Health Parity and Addiction Equity Act generally requires parity with medical and surgical benefits, but it does not itself require every plan to cover substance use disorder services. Uninsured or underinsured teens can contact a local MDHHS-listed access agency about treatment and fees; some providers use a sliding-fee scale based on income and insurance.

The MSU Kinship Care Resource Center (1-800-535-1218) can help connect you with treatment resources in your county.

Navigating This Alongside Everything Else

Substance use treatment is one of several areas where Michigan law gives teens independent consent authority. The Michigan school and medical consent guide maps out every consent pathway — what the caregiver can authorize, what the teen can authorize independently, and when you need to escalate to court — so nothing falls through the cracks.

See more Michigan guides →