BULLETIN OMHSAS-23-01 REDISTRIBUTION: Act 65 of 2020: Consent to Mental Health Treatment for Minors

The Office of Mental Health and Substance Abuse Services (OMHSAS) is redistributing Bulletin OMHSAS-23-01 to all mental health providers to ensure they are following Act 65 of 2020 (“Act 65”) (35 P. S. §§10101.1-10101.2).  This Bulletin provides guidance on the directives of Act 65, which governs who can provide consent for voluntary mental health treatment of minors, defined as 14 years of age and less than 18 years of age, in both inpatient and outpatient settings in Pennsylvania.   

Act 65 allows voluntary mental health treatment to begin when either a minor or a parent provides consent to mental health treatment. While consent from both the minor and parent is ideal, Act 65 does provide direction on the process if there is an objection to inpatient mental health services by either a minor or parent.  During the objection process by either party, inpatient health treatment may be initiated and/or continued.  Act 65 does not provide direction on an objection to outpatient mental health treatment by either a minor or a parent.  

Please see Bulletin OMHSAS-23-01 which includes Attachment A: “Overview of Act 65 of 2020” PowerPoint, Attachment B: Act 65 of 2020: Sample Petition for Objection to Voluntary Inpatient Mental Health Treatment by a Minor, and Attachment C: Act 65 of 2020: Consent to Mental Health Treatment for Minors Frequently Asked Questions.

Questions and comments regarding Bulletin OMHSAS-23-01 and Act 65 may be directed to (717)705-8289 or [email protected].

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