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Act 65 of 2020, PA's Mental Health Consent Law, aka Gabby's Law

In September 2020, PA's mental health consent law, Act 147, was replaced by Act 65. Act 65 of 2020 allows children age 14 and up to consent for their own mental health treatment, which cannot be overridden by their parent/legal guardian's refusal. This allowance to seek and receive treatment on their own is valuable, and we fully support their right to receive the services they desire. 



We also want to make sure families understand this updated law also reaffirms the fact that parents/legal guardians can consent to mental health treatment for their children, of any age, with or without the child's consent.

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While we understand that in the past many providers were under the impression that children age 14 and older could refuse treatment, this new law makes it clear that that is NOT the case. Parents/legal guardians can consent to both inpatient and outpatient treatment for their child even over the child's objections. 

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Are you now or have you recently had trouble with a provider, hospital, or residential treatment facility stating that they cannot accept your child for treatment unless the child provides consent, or are they refusing to allow you (the parent/primary caregiver) to provide consent for treatment for your child over age 14? In our effort to ensure providers across the state are in compliance with Act 65 of 2020, we’re asking that families who have or are having consent issues share their experience with us so we can follow up with the system in question to help them understand the recent update.

Mother and father sitting with a sad child
Boy in a hoodie sitting in a chair looking at phone wile a male off camera is talking to him

Learn About the New Law

We offer a variety of ways to learn about the new law which replaces Act 147. Check out our recorded webinar, our on-demand course or our 1-page  tip sheet available in English and Spanish (front and back).

Sign up for this on-demand 30-minute training on Gabby's Law including a final assessment allowing you to demonstrate your understanding of the new law. Once you satisfactorily complete the course you will receive a certification of completion. To register click the button below. 

Watch this short Act 65 of 2020 training here

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  • What does "inpatient treatment" mean?
    All mental health treatment that requires full-time or part-time residence in a facility that provides mental health treatment.
  • What makes inpatient treatment consent different?
    Once a child has been admitted to an inpatient treatment facility, either the parent or the child can request a hearing to determine if inpatient treatment is appropriate and necessary. The child will stay at the facility while the judge makes a ruling. This option does not apply to outpatient treatment.
  • What about parental disagreement to inpatient treatment?
    If a parent who has legal custody rights disagrees with the other parent about consent to a child's inpatient treatment, they can file a petition in the Court of Common Pleas, and a hearing will take place within 72 hours of the filing.
  • Who can consent to a minor receiving mental health treatment?
    1. Parents or legal guardians 2. A minor between the ages of 14–17
  • Can a parent refuse to allow treatment once a child (age 14–17) has consented?
    No
  • Can a child (age 14–17) refuse treatment once a parent has consented?
    No
  • What happens if a child (age 14–17) takes away their consent?
    The treatment will be stopped UNLESS a parent or legal guardian gives their consent; in that case the treatment will continue.
  • What about children under the age of 14?
    Parental consent is required for children under age 14 to receive mental health treatment.
  • Can a parent say no after another parent said yes?
    NO
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