Posted March 8, 2026 

Can a Mental Health Court hold hearings for a minor child to remain in an inpatient psychiatric facility without the parents present? 

Answer: No 

Can a licensed Mental Health Professional conduct an assessment for hospitalization on a minor child – and demand a parent to leave the room? 

Answer: No 

Can a licensed Mental Health Professional conduct an assessment for psychiatric hospitalization (WIC 5585) on a minor child – at school – and demand the parent to leave the room? 

Answer: No 

The Supreme Court of the United States has affirmed — again — the following:  

1.  Parents—not the State—have primary authority with respect to “the upbringing and education of children."  
2.  State policies can NOT “exclude parents” from “participation in decisions regarding their children’s mental health.”  

Supreme Court case: Mirabelli v. Bonta (2026) 

Parents in California have increasingly been complaining that mental health professionals and mental health court officers are telling them that their "children must decide if the parent can participate in court hearings and even mental health assessments (WIC 5585)." 

One parent reported their child was 8 years old. 

Once again, the Supreme Court has affirmed the parent holds the right "not to be shut out of participation in decisions regarding their children’s mental health." — Parham v. J. R., 442 U.S. 584, 602 (1979) 

What is WIC 5585? 

Welfare and Institutions Code (WIC) 5585 is a California Welfare and Institutions Code 5585 that authorizes the 72-hour involuntary detention and psychiatric evaluation of minors (under 18) experiencing a psychiatric crisis. 

It requires that the minor be:  

•  A danger to themselves,  
•  A danger to others, or  
•  Gravely disabled due to a mental disorder.