In Pennsylvania, minors do have limited rights when it comes to accepting or refusing mental health treatment, but those rights depend on the child’s age and the level of care needed. In emergency situations—or when a child’s safety is at risk—providers may proceed under the Mental Health Procedures Act even if the child objects. When a child’s refusal disrupts needed treatment or raises concerns about their stability or supervision, Children & Youth Services or the dependency court may also become involved. We help families understand their child’s rights, what options truly exist, and how to navigate treatment decisions in a way that protects both safety and family autonomy.

Child welfare agencies may become involved during a mental health crisis when there are concerns about a child’s safety, supervision, or access to needed treatment. This does not mean a parent has failed—rather, the crisis itself can trigger mandatory reporting or prompt professionals to request additional support for the family. Under Pennsylvania’s dependency laws, agencies must assess whether the child can remain safely at home while stabilizing, especially if the child is refusing treatment, engaging in dangerous behaviors, or requires a level of care that is difficult to manage alone. We work with families to ensure that agency involvement remains focused on support, not blame, and that parents’ rights and voices are protected throughout the process.

Children in foster care experience mental health disorders at rates 2-3 times higher than the general population due to exposure to trauma, abuse, neglect, family instability, and the stress of placement changes. Many have experienced adverse childhood experiences (ACEs) including domestic violence, parental substance abuse, or severe neglect before entering care. The trauma of separation from parents, even when necessary for safety, can compound existing mental health challenges. Additionally, multiple placement disruptions can prevent attachment formation and exacerbate anxiety, depression, and behavioral issues. Our attorneys understand these complex dynamics and advocate for comprehensive mental health services to address trauma and promote healing in Delaware County dependency cases.

Children involved in dependency proceedings should receive comprehensive mental health assessments by qualified professionals to identify conditions such as PTSD, anxiety, depression, attachment disorders, and behavioral issues. Services may also include psychiatric evaluation and medication management when clinically indicated, school-based mental health support, and therapeutic mentoring. Our attorneys ensure that county agencies include these services in case plans and that children receive consistent, quality care throughout their time in the dependency system in Delaware County.

Mental health is a critical factor in Pennsylvania dependency court decisions affecting placement, reunification, permanency, and termination of parental rights. The court considers whether a child’s mental health needs can be met in a proposed placement, whether parents can address their own mental health issues affecting their ability to parent, and whether adequate services are being provided to support family reunification. Mental health testimony from therapists and psychiatrists often influences judicial decisions about the appropriate level of care, placement stability, and timeframes for reunification. Our attorneys present compelling evidence regarding children’s mental health needs and advocate for decisions that prioritize therapeutic healing and stability in Delaware County courts.

Yes, parental mental health significantly impacts dependency cases in Pennsylvania. Untreated or poorly managed mental illness can affect a parent’s ability to provide safe, stable care and may be a factor in the initial dependency adjudication. However, mental illness alone is not grounds for terminating parental rights. Courts must consider whether parents are receiving treatment, complying with mental health services, demonstrating stability, and whether their condition prevents them from safely parenting. Our attorneys help parents access mental health treatment, document their progress, and present evidence of their capacity to parent effectively. We also ensure that county agencies provide appropriate mental health services as part of family service plans in Delaware County.

Trauma-informed care in child welfare recognizes that most children in the dependency system have experienced significant trauma and approaches their care with this understanding. It involves recognizing trauma symptoms, understanding how trauma affects development and behavior, responding with appropriate therapeutic interventions rather than punitive measures, and actively working to prevent re-traumatization. Trauma-informed systems avoid practices that trigger trauma responses, provide safe and predictable environments, support healing relationships, and empower children in their own care. Our attorneys advocate for trauma-informed approaches in placements, schools, and treatment settings, ensuring that Delaware County caseworkers and service providers understand and respond appropriately to trauma-related behaviors.

We advocate for therapeutic foster care (also called treatment foster care) when children have significant mental health or behavioral needs that cannot be met in traditional foster homes. Therapeutic foster care provides specialized training for foster parents, lower child-to-caregiver ratios, enhanced supervision and support, access to mental health professionals, and individualized treatment plans. Sometimes, foster homes are not feasible and children must be placed in a congregate care environment.

We present evidence from mental health professionals documenting the clinical need for the appropriate level of care, challenge county agency denials of therapeutic placements, advocate before the court for appropriate placement levels, and ensure that children receive the specialized support they need. In Delaware County, we work to secure therapeutic placements that provide stability while addressing children’s mental health needs. 

Many children in foster care qualify for special education services under the Individuals with Disabilities Education Act (IDEA) due to emotional disturbances, and some qualify for accommodations under Section 504 due to mental health conditions. Mental health issues can significantly impact educational performance, requiring Individualized Education Programs (IEPs) with mental health supports, counseling services, behavioral intervention plans, and appropriate classroom accommodations. Our attorneys coordinate with education advocates to ensure children receive appropriate evaluations, that IEPs include necessary mental health services, that schools understand trauma’s impact on learning, and that educational rights are protected during placement changes. We recognize that educational stability and mental health support are interconnected in promoting positive outcomes for Delaware County children in care.