November 20, 2024

The New York State Office of Mental Health has issued the attached memo to clarify the rights of minors –individuals under the age of 18 –with regard to the circumstances they may willingly receive mental health treatment without consent from an adult parent or caregiver. This memo is based on Mental Hygiene Law (MHL) § 33.21 and applies only to licensed mental health providers and practitioners. OMH developed this clarification after receiving inquiries about when a minor can consent for their own mental health treatment.