Before your child's first ABA session, you will sign several documents. One of the most important is your consent: your written permission for the assessment and for the treatment plan. Florida law has a specific rule about this. The Parents' Bill of Rights, passed in 2021 and now chapter 1014 of the Florida Statutes, requires written parental consent before certain health care providers treat a minor. This guide explains what the law says, who it covers, how it fits ABA therapy, and what a good consent process looks like.
What is Florida's Parents' Bill of Rights?
The Parents' Bill of Rights was created by chapter 2021-199, Laws of Florida. Its legislative findings (s. 1014.02) say "it is a fundamental right of parents to direct the upbringing, education, and care of their minor children." For this chapter, a "parent" means "a person who has legal custody of a minor child as a natural or adoptive parent or a legal guardian."
Section 1014.04 lists rights reserved to parents. Two matter most for therapy:
(e) The right to make health care decisions for his or her minor child, unless otherwise prohibited by law.
(f) The right to access and review all medical records of his or her minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released.
The statute also says the list is not complete: parents have "inalienable rights that are more comprehensive than those listed in this section," unless those rights have been legally waived or terminated.
What does s. 1014.06 require before therapy starts?
Section 1014.06(1) is the consent rule:
Except as otherwise provided by law, a health care practitioner, as defined in s. 456.001, or an individual employed by such health care practitioner may not provide or solicit or arrange to provide health care services or prescribe medicinal drugs to a minor child without first obtaining written parental consent.
Three points stand out:
- It must be written. A verbal "yes" on the phone is not enough under this section.
- It must come first. Consent is obtained before services are provided, solicited or arranged.
- It reaches employees. The rule covers "an individual employed by such health care practitioner," not only the licensed person.
The penalty is serious. Under s. 1014.06(5), a practitioner or other person who violates the section is subject to disciplinary action and "commits a misdemeanor of the first degree." The phrase "except as otherwise provided by law" matters too: other Florida laws allow treatment without a parent in specific situations, such as emergencies, so this section is not the only rule that can apply.
Does the consent law apply to ABA providers?
It depends on who is providing the service, and part of the answer is a legal question. Section 456.001(4) defines "health care practitioner" as a person licensed under a list of Florida licensing chapters. That list includes chapter 490 (psychology) and chapter 491 (clinical social work, marriage and family therapy and mental health counseling).
| Role | Florida credential | Covered by the s. 456.001 definition? |
|---|---|---|
| Licensed clinical social worker (LCSW), psychologist, mental health counselor | DOH license under ch. 491 or 490 | Yes, these licenses are on the list |
| Board Certified Behavior Analyst (BCBA) | BACB certification, recognized by s. 393.17; Florida does not issue a behavior analyst license | Not by that credential alone |
| Registered Behavior Technician (RBT) | BACB certification | Not by that credential alone, though the rule also covers employees of a covered practitioner |
So when a clinician holds a DOH license, such as an LCSW who is also a BCBA, the written-consent rule clearly reaches them. Whether it reaches a BCBA-only practice is something a Florida health law attorney would need to answer for a particular organization. For families, the practical answer is simpler: any ABA provider should get your written consent before the assessment and again before the treatment plan starts. If a provider does not ask, ask them.
Insurance adds its own paperwork. Most plans require a treatment plan to be authorized before ABA begins, and the plan the provider submits is the one you agreed to. For how that process works, see prior authorization for ABA in Florida.
What should written consent for ABA cover?
Good consent is specific. Before you sign, check that you understand each of these:
- The assessment. What it involves, how long it takes, where it happens and who will be there.
- The treatment plan. The goals, the strategies, the number of hours and the settings (home, center, school, daycare or community). You can ask for changes before you sign.
- Who will work with your child. The BCBA who writes and supervises the plan and the RBTs who deliver sessions. You can check credentials on the BACB registry; see how to verify a BCBA or RBT.
- Data and recordings. What data are collected in sessions, and whether any photo or video is used, for what purpose, and who sees it.
- Behavior strategies. How the team responds when your child is upset, and what it will never do. Ask directly about restraint.
- Sharing information. Florida's records law (s. 456.057(7)(a)) generally bars licensed practitioners from sharing records without written authorization, apart from listed exceptions. Expect separate signed releases for your insurer, school, pediatrician or other therapists.
- Stopping or changing services. How to pause, reduce hours or end services, and who to tell.
Keep a copy of everything you sign. Our guide to ABA treatment plan goals can help you read the plan before signing.
Consent and assent: what is the difference?
Consent is the legal permission you give as the parent. Assent is your child's own willingness to take part, shown in words, gestures, approaching activities or turning away from them. Florida's consent statute is about the parent. Assent is a clinical practice: many behavior analysts watch for signs that a child is comfortable and willing, and change the activity when they see withdrawal or distress. Ask any provider how it recognizes and responds to your child's assent. See assent-based ABA for more.
Who can consent if parents share decisions or cannot be reached?
Because chapter 1014 defines "parent" as a person with legal custody, a parenting plan or court order can shape who decides. When parents are divorced or separated, read the parenting plan's health care section and share it with the provider. Our guide to co-parenting and ABA consent walks through Florida's shared parental responsibility rules.
Florida also has a statute, s. 743.0645, that lets certain relatives (in order: a health care surrogate or power of attorney holder for the minor, a stepparent, a grandparent, an adult sibling, then an adult aunt or uncle) consent to "medical care and treatment" of a minor when a parent cannot be reached after a reasonable attempt. That statute defines medical care as ordinary and necessary medical and dental examination and treatment. Whether it would ever cover starting ABA is not clear, so do not rely on it for therapy consent. Plan ahead instead: make sure each parent with authority has signed what the provider needs.
What changes when your child turns 18?
At 18, the "disability of nonage" is removed (s. 743.07), and your child makes their own health care decisions unless a court has appointed a guardian or guardian advocate, or your young adult has signed documents giving you a role. The Parents' Bill of Rights covers minors only. Start planning a year or two early with turning 18 in Florida.
How consent works at Hope Center
At Hope Center for Behavior Change, a BCBA completes an initial assessment (2 to 4 hours, in one or two sessions, at home or at the center) and then has up to two weeks to write the treatment plan. Our clinical director, Aisha Albright-Jourdan, MSW, LCSW, BCBA, reviews every plan before it goes to insurance, and you sign the plan before it is submitted. Goals and plans are discussed with you in weekly parent training, so consent is an ongoing conversation, not a single form. Our approach is assent-based and we do not use restraint.
If you have questions about what you are signing, ask us before you sign. To talk through intake, contact us or call 561-337-8865 for a free consultation and free benefits check.
This page explains Florida law in general terms. For a question about your family's specific situation, talk with a Florida attorney.