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A 2874

Lowers age at which minors can consent to behavioral health care treatment from age 16 to age 14.

2024-2025 Regular Session Introduced by Jessica Ramirez and 1 co-sponsor

Allows minors 14+ to consent to temporary outpatient behavioral health care (no meds) confidential, without parent/guardian consent; outpatient only.

Introduced in the Assembly, Referred to Assembly Children, Families and Food Security Committee
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Bill Summary · A 2874

Summary: New Jersey A 2874

Overview

Bill A-2874 would lower the age at which a minor can consent to certain behavioral health care services from 16 to 14. The measure applies to temporary outpatient treatment for mental illness or emotional disorders and preserves confidentiality and autonomy for the minor, while limiting the scope of services to outpatient care and excluding medications.

  • Bill number: A-2874
  • Title: Lowers age at which minors can consent to behavioral health care treatment from age 16 to age 14
  • Status: Introduced in the Assembly; referred to Assembly Children, Families and Food Security Committee
  • Introduced: January 9, 2024
  • Topic: Human Services
  • Companion: S 1188

What the bill would do

  • Allow minors aged 14 and older to consent to temporary outpatient behavioral health services for the treatment of mental illness or emotional disorders without the need for parental or guardian authorization.
  • The consent would be treated as valid and binding as if the minor had reached the age of majority, and could not be disaffirmed later because of minority.
  • The statute would keep treatment confidential between the minor and the treatment provider (physician, licensed counselor, advanced practice nurse, or health care facility), with no obligation to disclose to parents or guardians for such voluntary, outpatient services.
  • The provision explicitly excludes the use or administration of medication from the scope of consent granted under this bill.
  • The bill clarifies that no other person’s consent (e.g., spouse, parent, custodian, guardian) is required to authorize outpatient behavioral health services, with the limitation that services provided under this act are temporary outpatient services only.

Key provisions (highlights)

  • Age threshold: 14 years and older (replacing the current 16+ requirement) for consent to temporary outpatient behavioral health care.
  • Services covered: Behavioral health care for mental illness or emotional disorders provided on an outpatient basis, under supervision of a licensed physician, advanced practice nurse, or licensed professional counselor.
  • Scope of consent: Limited to temporary outpatient treatment; no medication administration or use is covered by this minor-consent provision.
  • Confidentiality: Treatment remains confidential between the patient and the provider; no required reporting solely because consent is by a minor.
  • Parental/guardian involvement: Not required for the outlined outpatient behavioral health services.
  • Related provisions: Other portions of the statute continue to govern consent for sex-related medical care and for substance use disorder treatment (which are already afforded similar patient-consent protections).

Who is affected

  • Primary beneficiaries: Minors aged 14 and 15 who may need outpatient behavioral health services.
  • Health care providers: Physicians, advanced practice nurses, and licensed or certified professionals providing behavioral health services (e.g., psychiatrists, psychologists, social workers) who would accept minor consent for outpatient treatment.
  • Families and guardians: May experience changes in required consent dynamics, with reduced mandatory parental authorization for these specific services.
  • Outpatient facilities: Health care facilities licensed to provide behavioral health services that would implement minor-consent procedures.

Timing and procedural notes

  • Immediate effect: The bill states it takes effect immediately upon enactment.
  • Legislative path: Introduced January 9, 2024; referred to Assembly Children, Families and Food Security Committee.
  • Related legislation: Companion bill S-1188 (in the Senate).

Context and rationale

  • The sponsor cites suicide as a leading cause of death among New Jersey teens and notes rising adolescent suicides during the COVID-19 period. The bill references existing trends in other states where minors can consent to some mental health treatment, arguing that lowering the age could improve access to timely care and help prevent teen suicide.

This summary provides a clear view of A-2874’s intent, key changes, affected groups, and procedural details.

Compiled from official sources — confirm details with the bill’s official record.

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