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, given the evolving understanding of child development and the potential consequences of untreated mental health issues.
The proposed study aims to analyze and compare mental health outcomes for New Mexico youth with those from states that have joint consent laws, which allow both parents and minors to consent to treatment. It will examine various data points, including the rates of youth entering residential treatment or juvenile justice systems, and assess whether the current provision in the Children's Code 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.