Senate Bill 107 proposes significant changes to the consent requirements for mental health treatment for minors aged 14 and older in Wisconsin. The bill allows either the minor or their parent/guardian to provide consent independently for both outpatient and inpatient mental health treatment, removing the current requirement for joint consent. Additionally, if a minor refuses inpatient treatment, the facility director must notify the local county corporation counsel, who is then required to file a petition for court review. The bill also streamlines the transfer process for minors to more appropriate treatment by allowing approval from either the minor or the parent/guardian, rather than requiring both.

The bill clarifies procedures for outpatient treatment, stating that if a minor aged 14 or older consents to treatment despite a parent's refusal, the parent may petition for a review of the treatment's appropriateness. Conversely, if a parent consents against the minor's wishes, the treatment facility must notify the county corporation counsel to file a petition for review. It removes the requirement for healthcare providers to make reasonable efforts to obtain parental consent in emergency situations for minors aged 14 and older, thus standardizing consent procedures for outpatient treatment. The bill also specifies that minors whose parents request discharge in writing must be released within 48 hours unless there is a petition for emergency detention or commitment, and it allows minors to request a court hearing to assess the appropriateness of their admission. Overall, the bill aims to enhance access to mental health services for minors while ensuring appropriate legal oversight.

Statutes affected:
Bill Text: 51.13(1)(b), 51.13, 51.13(1)(c), 51.13(3)(am), 51.13(4)(a)(intro.), 51.13(4)(a)3, 51.13(4)(d), 51.13(4)(g)1.b, 51.13(6)(a)2, 51.13(7)(a), 51.13(7)(b)3, 51.13(7)(b)5, 51.13(7)(c), 51.14(3)(a), 51.14, 51.14(3)(f), 51.14(3)(g), 51.14(3)(h)(intro.), 51.14(3)(j)