Client Rights: Minors, Medications

The information provided below relates to individuals under the age of 18 who are receiving services for developmental disability, mental health, and/or substance use. The rules are complex. The information provided below does not constitute legal advice. It is intended to be used as general guidance on these issues. For more information, review the following publication: Rights of Minors Receiving Services for Development Disability, Mental Health, and Substance Use, P-01844 (PDF).  

Can a minor consent to medications without the parent/guardian's authorization?

Under the age of 14 No The parent/guardian must consent.
14 years of age or over No

Both the minor and the minor's parent/guardian must consent. Wis. Admin. Codes §§ DHS 94.09(2) and 94.09(4).


Can a minor consent to medication when he/she is committed to treatment but without an involuntary medication order?

If the minor is under an Order of Commitment only, then the minor may refuse medications. If the minor refuses, the treatment team may request a hearing for involuntary medication. Wis. Stat. § 51.61(1)(g), Wis. Admin. Code § DHS 94.09(4).

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Last Revised: May 16, 2019