Senate Memorial 6 requests the New Mexico Department of Health to conduct a study on the potential revision of the Children's Code, specifically regarding the rights of both parents and their minor children to consent to mental health treatment. Currently, the law allows minors aged fourteen and older to refuse treatment, which can prevent parents from seeking necessary care for their children, even in cases of dangerous behavior. The memorial highlights the need to reconsider the age of consent for mental health treatment based on developmental stages and the impact of treatment refusal on families.
The proposed study aims to analyze and compare youth mental health outcomes in New Mexico with those in states that have joint consent laws, which allow both parents and minors to consent to treatment. It will investigate various factors, including the number of children entering residential treatment or juvenile justice systems, and whether the current provision contributes to mental health emergencies. The findings and recommendations from this study are to be reported to the legislative health and human services committee by November 1, 2025.