Summary:

 Senate Memorial 6 (SM 6):  This memorial from the New Mexico Senate requests that the Department of Health study the impact of a proposal to revise the Children’s Code so that both parents and their minor children (ages fourteen to seventeen) would hold the right to consent to mental health treatment. 

Legislation Overview:

 Senate Memorial 6 (SM 6):  Currently, under New Mexico’s Children’s Code, minors aged fourteen or older can refuse mental health treatment, which means parents cannot override their child’s refusal—even if parents believe the child urgently needs help. When the law was originally passed, it aimed to protect children from being forced into treatment (particularly residential programs) simply because parents found them difficult. However, the memorial notes that mental health treatment is now regulated by a system of medical necessity and oversight, reducing the likelihood of inappropriate placement or misuse.
1.	Supporters of revising the law argue that:
a.	Risks to Teens and Families: Allowing minors to refuse treatment may lead to more severe crises later on, such as the need for residential treatment, involvement with the juvenile justice system, or child protective services.
b.	Parental Responsibility: Parents remain legally responsible for their children’s well-being but currently lack the authority to secure mental health care if a teen refuses it.
c.	Comparing Other States: Several states (Idaho, Kansas, Maryland, Massachusetts, Montana, Nebraska, New Hampshire, New York, Pennsylvania, and Texas) have “joint consent” laws, allowing either a parent or a teen to consent to treatment.
2.	The memorial requests that the Department of Health:
a.	Collect and compare data on mental health outcomes for youth ages fourteen to seventeen in New Mexico with data from states that have joint consent laws.
b.	Evaluate whether those differences in youth outcomes (including rates of hospitalization, residential treatment, or juvenile justice involvement) can be linked to the way consent laws are structured.
c.	Present its findings and any recommendations to the Legislative Health and Human Services Committee by November 1, 2025.
d.	If the study suggests that the current New Mexico provision allowing minors aged fourteen or older to refuse treatment increases the risk of mental health emergencies or poor outcomes, the legislature may consider revising the law to include joint consent provisions.
 

Current Law:

 Currently, under New Mexico’s Children’s Code, minors aged fourteen or older can refuse mental health treatment, which means parents cannot override their child’s refusal—even if parents believe the child urgently needs help.