Wisconsin Teen Mental Health Consent: Rules for Minors Aged 14 and Older

The Dual-Consent Rule

Wisconsin's Chapter 51 creates a system that splits mental health decision-making based on the child's age. The dividing line is 14 years old, and the rules on either side of that line are very different.

Under 14: a parent or guardian's consent is required for outpatient and inpatient mental health treatment; the child's agreement is not required. A GF-223 agent may use delegated authority for covered outpatient care, but the delegation cannot authorize placement in an inpatient mental health facility.

14 and older: outpatient mental health treatment requires the informed consent of both the teenager and the parent, guardian or authorized agent. Neither side can override the other. This is the dual-consent framework under Wis. Stat. § 51.14, and it is one of the most commonly misunderstood rules in Wisconsin kinship care.

What Dual Consent Means in Practice

If a 15-year-old living with a grandparent wants to start therapy, the grandparent (acting as agent under a valid Form GF-223) signs the consent forms and the teenager also signs. Both signatures are required before the clinic can begin treatment.

This works smoothly when everyone agrees. The friction starts when one party refuses.

If the teenager refuses: the grandparent or parent cannot force the teenager into outpatient therapy. The adult can petition the county Mental Health Review Officer under § 51.14 for a formal review of whether the teen's refusal is unreasonable.

If the parent or agent refuses: the teenager can petition the same Mental Health Review Officer. The review officer conducts a review within 96 hours and decides whether the refusal is unreasonable and whether outpatient care is in the teen's best interest.

AB 112 Failed: Dual Consent Remains the Law

Assembly Bill 112 in the 2025–2026 Wisconsin legislative session proposed allowing either a parent or a minor aged 14+ to consent to mental health treatment independently. The bill failed to pass pursuant to Senate Joint Resolution 1 on March 23, 2026.

This means the dual-consent framework is still active law. There is no workaround — both signatures are required for outpatient mental health care for teens 14 and older.

Inpatient Mental Health Treatment

For inpatient psychiatric admission of a teenager aged 14 or older, Wis. Stat. § 51.13 requires consent from both the minor and the parent or guardian. A GF-223 delegation cannot authorize placement in an inpatient mental health facility. If either party refuses, the treatment facility files a petition with the juvenile court for judicial review.

Substance Abuse Treatment Is Different

Here is where many caregivers get confused. Alcohol and other drug abuse (AODA) treatment follows different rules. Under Wis. Stat. § 51.47, a physician or health care facility licensed, approved or certified by the state may provide specified services to a minor age 12 or older without parent or guardian consent or prior notice. For a child under 12, this is permitted only if a parent with legal custody or guardian cannot be found or none exists.

Although treatment may begin without prior notice, the physician or health care facility must notify the minor's parent or guardian of services as soon as practicable. The statute's notice requirement names the parent or guardian; it does not guarantee that a non-parent caregiver will receive notice.

This means a 13-year-old can receive covered outpatient AODA services without first obtaining parental consent, but the provider must notify the parent or guardian as soon as practicable. The law is designed to remove barriers to treatment access for minors struggling with substance use.

Confidentiality and Records Access

Teenagers aged 14 and older have an independent right to inspect their own mental health and court treatment records under Wis. Stat. § 51.30(5)(b)2. Minors under 14 can inspect records only in the presence of a parent, guardian or legal counsel.

For caregivers, this means that once a child turns 14, the child's therapist may not be able to share session details with the grandparent without the teenager's permission. A GF-223 gives the agent delegated consent authority; it does not itself establish access to the teen's session records.

What Grandparents Need to Do

If you are caring for a teenager and anticipate they may need mental health support:

1. Have a valid GF-223 on file that explicitly includes healthcare delegation. You will need to sign consent forms as the authorized agent.
2. Talk with the teenager first. Because dual consent requires the teen's agreement, trying to schedule therapy without their buy-in will stall at intake.
3. Know the escalation path. If the biological parent objects to treatment that both you and the teenager want, you can petition the county Mental Health Review Officer for a ruling within 96 hours.
4. Understand substance abuse is separate. A teenager aged 12 or older can access covered outpatient AODA services without parent or guardian consent, though the provider must notify the parent or guardian as soon as practicable.

The Wisconsin School and Medical Consent Guide covers the full Chapter 51 framework with a decision flowchart for teens aged 14+ and contact information for county Mental Health Review Officers.

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