Review of outpatient mental health treatment of minors aged 14 or older – Wis. Stat. Ann. § 51.14

Review of outpatient mental health treatment of minors aged 14 or older

This law requires that each court assigned to exercise the requisite jurisdiction designate a county mental health review officers to review the following review petitions. 

A county mental health review officer, upon receipt of a petition from a minor over the age of 14 or their representative, may review a parent's or guardian’s decision to provide or withhold informed consent for outpatient mental health treatment of the petitioning minor. The county medical health officer may decide whether to override the informed consent requirements if, after holding a hearing and considering county department recommendations, the officer determines that: (1) the parents or guardian "unreasonably withheld" informed consent or the minor's refusal to consent is unreasonable; (2) the minor requires treatment; (3)  the proposed treatment is "appropriate" and the "least restrictive treatment available;" (4) treatment is in the best interest of the child.

A minor or their representative may obtain judicial review of a county mental health review officer's decision. The court must hold a hearing and use the same standards to determine whether to override the informed consent requirement.  Any aggrieved person can further appeal this judicial determination in a court of appeals.  An order issued under this section does not constitute a finding of mental illness.  The Department is required to compile a list of all the county mental health officers in each county and publicly post this information on the website.