HOUSE BILL REPORT
HB 2442
As Reported By House Committee On:
Law & Justice
Title: An act relating to protecting and promoting the rights of parents.
Brief Description: Adopting the restoration of parents' rights and responsibilities act.
Sponsors: Representatives Mulliken, Sheahan, Sterk, Pelesky, McMahan, McMorris, Thompson, Smith, Honeyford, Goldsmith, Beeksma, Pennington, Sherstad, Koster, Hargrove, D. Sommers, D. Schmidt, Campbell, Benton, Johnson, Fuhrman, Stevens, Boldt and Backlund.
Brief History:
Committee Activity:
Law & Justice: 1/23/96, 1/31/96 [DPS].
HOUSE COMMITTEE ON LAW & JUSTICE
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 10 members: Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Campbell; Carrell; Lambert; McMahan; Robertson; Smith and Sterk.
Minority Report: Do not pass. Signed by 7 members: Representatives Dellwo, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Chappell; Cody; Morris; Murray and Veloria.
Staff: Pat Shelledy (786-7149).
Background:
Minors' Access to Drug and Alcohol Treatment
A minor who is 13 years of age or older may consent to outpatient drug and alcohol treatment without first obtaining parental permission. Minors may receive inpatient treatment by consent of the parent for emergency detoxification or involuntarily under a commitment statute. There is not a specific provision that requires that parents be notified if their children obtain outpatient or inpatient treatment.
Minors' Access to Mental Health Treatment
A minor 13 years of age or older may obtain outpatient mental health treatment without parental permission. Parental authorization is required for a minor under age 13. There is not a specific provision that requires that parents be notified if their children obtain outpatient treatment. There is a provision that requires parents be notified if their children obtain inpatient treatment without parental consent.
Notice to Parents of Whereabouts of a Runway
Any person who, without legal authorization, provides shelter to a minor and who knows when providing that shelter that the minor is away from home without parental permission, must report the child's location to the parent, local law enforcement, or the Department of Social and Health Services (DSHS) within eight hours after the person knows the child is away from home without parental permission. The report may be made by telephone.
Notice to Parents of Suspension of Revocation of a Juvenile's Driver's License
The Department of Licensing may or must suspend or revoke a minor's license for various reasons. The department does not have to notify a parent about the suspension or revocation. The department is authorized to furnish to parents the child's driving record if the child is unemancipated.
Notice to Parents of Their Child's Arrest, Detention, or Penalty for Committing an Offense
When a juvenile is arrested and detained, the juvenile is entitled to a detention hearing. If the parents are available, the court must consult with the parents regarding continuing to detain the juvenile.
If the prosecutor files a charge against the juvenile, the court clerk must issue a summons to the juvenile and the parents commanding them to appear at the next hearing.
Parental Review and Consent to Teaching Materials and Topics/Retention and Review of Records
Parents may have access to their child's classroom and school sponsored activities to observe class procedure, teaching material, and class conduct, provided the parent does not disturb the classroom procedure or learning activity.
Various statutes direct or allow schools to provide specific materials and information to students on certain topics. Those topics include
!substance abuse;
!minimum requisites for good health, including methods to prevent exposure to and transmission of sexually transmitted diseases;
!HIV and AIDS education and prevention. Parents are entitled to review the program before their child attends. The parents must be notified and given an opportunity to inspect the material and curricula. The parents' child may not be required to attend the presentation if the parents object in writing after having attended the presentation;
!life skills tests;
!violence prevention training for teachers to impart techniques to students; and
!conflict resolution and mediation programs to train students to become mediators for their peers in conflict resolution.
The Family Educational and Privacy Rights Act of 1974, 20 U.S.C., Section 1232(g), contains numerous provisions governing parents' access to their child's educational records.
Parents' and Students' Right to Privacy
Apparently some schools ask students questions about their personal lives and their families' lives that the students and parents find objectionable.
School Counseling Services
Schools may offer counseling services, such as substance abuse counseling for a student and the student's family, and crisis counseling.
Parents' Rights Regarding Health Care of Their Child
Under common law, only a parent could give effective consent to treatment of his or her minor child. A parent is also granted authority in statute to give informed consent for a minor under age 18.
Various exceptions to this rule have been developed in case law or in statute. In some cases, the minor must also consent to treatment. In others, the minor may obtain treatment without parental consent. In others, the state may compel treatment over the objection of either the minor or the parent (immunizations, school screening for sight, deafness, or scoliosis, newborn testing, communicable diseases, parental neglect).
No specific provision exists regarding the right of either or both parents to be present in an examination room while a child receives medical treatment.
Minor's Rights Regarding Tests and Treatment for Sexually Transmitted Diseases
No person may disclose or be compelled to disclose the identity of any person who has had an HIV antibody test or the test results. The restriction also applies to a test for any other sexually transmitted disease when it is positive. Exceptions to this general rule allow dissemination of that information to the person tested or that person's legal representative. Legal representatives are not entitled to that information if the person tested is a minor over age 14.
A minor 14 years of age or older may consent to medical care relating to the diagnosis and treatment of any sexually transmitted disease. The minor's parents' consent is not necessary to authorize the care. Parents who deny consent or whose consent is not obtained are not liable for payment of the medical expenses. There is no provision allowing notice to be given to parents about the treatment the minor receives.
Summary of Substitute Bill:
Parents' Right to Notice When Their Child Obtains Outpatient or Inpatient Drug or Alcohol Treatment
Treatment providers must provide notice to a minor's parents when the child obtains outpatient or inpatient treatment for drug or alcohol treatment. Notice of inpatient treatment must be made within 48 hours of the treatment request excluding Saturdays, Sundays, and holidays. Notice of outpatient treatment must be made within seven days of the request excluding Saturdays, Sundays, and holidays. The notice must contain information about the name, location, and telephone number of the facility, and the staff person who is designated to discuss the minor's treatment with the parent.
Parents' Right to Notice When Their Child Obtains Outpatient or Inpatient Mental Health Treatment
Treatment providers must provide notice to a minor's parents when the child obtains outpatient or inpatient treatment for mental health problems. The contents of the notice and the time periods are the same as described above for issuing notice to parents of their child's treatment for drug and alcohol problems.
Parents' Right to Notice of Whereabouts of a Runaway
A person who provides shelter to a runaway must provide notice as required under current law if they should have known the child was a runaway.
When DSHS receives a report about a runaway, the department must make a reasonable effort to notify the parent and may offer family reconciliation services.
A violation of the reporting statute is a misdemeanor and a licensing violation.
Parents' Right to Notice of Suspension or Revocation of a Juvenile's Driver's License
The department must notify parents of an unemancipated minor if the department takes any action to suspend or revoke their child's license because the child committed offenses under the motor vehicle code.
Parents' Right to Notice of Their Child's Arrest, Detention, or Penalty for Committing an Offense
The state and its political subdivisions must notify parents if their child is arrested, detained, or penalized, if under current law a notice mechanism is not already in place.
Parents' Right to Review Teaching Materials and to Consent to Certain Classes
Upon written request of a parent or personal appearance at a student's school, the school must make all educational materials that are associated with the parent's child's education available for inspection by the parent. The materials must be made available during school hours within five working days if the materials are located at the school and within 14 working days if the materials are not at the school but within the school district.
A school must give parents 30 days advance written notice prior to teaching any class on certain topics. Those topics are human sexuality; sexually transmitted diseases; suicide; euthanasia; coping with or understanding death or other forms of personal loss and grief; religious practice or belief; or emotional or psychological health. A student may not attend any of these classes unless a parent has given prior written consent. All materials that will be used to teach any of these classes must be available for inspection by the parent during school hours at least 10 days prior to their use.
School district employees must not tell students to withhold from their parents materials and information about school classes.
Parents' and Students' Right to Privacy
Absent prior written parental consent, a school may not ask a student to participate in a survey, test, questionnaire, or evaluation that elicits information about the student's or parents' political or religious affiliations, mental or psychological problems, sexual behavior or attitudes, illegal, self-incriminating, or demeaning behavior, critical appraisals of another family member, or legally privileged information. The school must give the parents prior written notice before any of these surveys are conducted. The materials must be available for inspection at least 10 days prior to the administration of the survey or test. School personnel must also be available to answer questions about the materials.
Parents' Right to Know of a Minor or Dependent Child's Personal Problems
Schools must maintain a written record regarding counseling services provided by the school to a student. The record must be available for parent review and may not be maintained with academic records. The record may not be released to anyone other than the parent or student over 16 years of age without prior parental consent. The school may not transfer the records regarding social or emotional issues without the parent's prior consent, and the school must destroy those records when the student graduates or transfers to another school.
Counselors and teachers may not engage in counseling techniques that are beyond the scope of their certificates. Teachers and counselors may not engage in counseling services that involve hypnosis, psychoanalysis, or other psychotherapeutic techniques without prior parental consent.
Parents' Right to be Present During Medical Procedures Involving Their Minor or Dependent Child
A parent of an unemancipated minor has the right to be notified and to be present when the parent's child is receiving medical care in a medical treatment facility. The section does not apply to parents under a court order limiting contact with the child. "Medical care" means any medical procedure, treatment, diagnosis, or examination that is performed by a person licensed in this state to provide health care. This rule does not apply when the medical treatment involves an abortion or testing or treatment for sexually transmitted diseases.
Parents' Right to Obtain Their Child's Test Results for Sexually Transmitted Diseases and to Notice of Medical Treatment for Those Diseases/Change in Age of Consent to Treatment for Sexually Transmitted Diseases
A legal representative of a minor, including the minor's parent or legal guardian, may obtain the test results of a minor who is tested for HIV or other confirmed sexually transmitted diseases.
A treatment provider must notify a parent of a minor who obtains hospital, medical, or surgical care related to the diagnosis or treatment of sexually transmitted diseases. The notice must be made within five days of the first day of treatment.
The age of consent to treatment without parental consent is raised from age 14 to age 16.
Rights Not Exclusive
The act does not impair or infringe any other parental rights under other statutes, case law, or common law.
Substitute Bill Compared to Original Bill: Numerous substantive and technical changes are made.
Provisions that are deleted are as follows:
The provision that restricted the Department of Labor and Industries' power to establish workplace conditions for minors is deleted. Current law governing work permits is restored.
The provisions that imposed financial responsibility on parents' for their child's placement in a crisis residential center and for their child's misconduct are deleted.
The provision subjecting parents to the jurisdiction of the juvenile court if their child is referred to diversion is deleted.
The provisions governing the parent's right to consent to any invasive medical treatment, particularly abortions, is deleted.
Modified provisions:
Instead of entirely eliminating a minor's right to consent to examination and treatment for sexually transmitted diseases (STDs), the age of consent absent parental approval is raised from 14 to 16 years of age. In addition, a treatment provider must give notice to the parents of the treatment given a minor for STDs within five days of the first day of treatment. Provisions in the underlying bill that authorize parents to obtain the results of tests for HIV or positive results for STDs are retained.
The provision that allowed a parent to be notified and present whenever a child receives medical care is narrowed to apply to treatment given in a medical facility by a licensed practitioner. Abortion services and treatment for STDs are specifically exempted from this provision.
A parent is still entitled to receive notice from DOL when his or her child's license is suspended or revoked for committing certain offenses, but the department does not have to give notice by certified mail.
Provisions governing notice of the whereabouts of a runaway are modified to provide that the notice may still be given to the department, that if the department is given notice the department must make a reasonable effort to notify the parents and may offer them family reconciliation services, and that a violation of the notice provision is both a licensing violation and a misdemeanor.
The provisions regarding the rights of parents to review all their child's educational materials is still in the substitute bill but is rewritten. The substitute bill still requires notice of and consent to certain programs such as teaching classes on human sexuality, sexually transmitted diseases, and other issues. The substitute bill also still requires parental notice and consent to conducting certain surveys and tests about personal beliefs, but these provisions are rewritten. The counseling provisions are rewritten to require retention of counseling records, parental access to review, confidentiality, and destruction of records concerning the social and emotional problems of the student.
A provision is added stating that the bill does not represent the exclusive rights of parents.
Appropriation: None.
Fiscal Note: Requested on January 23, 1996.
Effective Date of Substitute Bill: The bill contains an emergency clause and takes effect immediately.
Testimony For: Parents have their children's best interests at heart and are the best voice to speak for decisions affecting their children. Parents do not receive enough support from the government, schools, and social service agencies. Schools fail to give notice to parents and obtain their consent before subjecting children to invasive questioning about their personal lives and the lives of their families, and subjecting them to topics such as human sexuality and sexually transmitted diseases. Aspects of schools' curriculums undermine families' moral beliefs. Children are referred for treatment for a variety of reasons, and parents are kept in the dark. This is dangerous. It is hard to obtain information about class content and materials, and parents are finding their children enrolled in experimental classes without their consent. The family unit is eroding due to divorce, a sexually permissive society, and the spread of disease. Teenagers should not be able to make life altering decisions without parental guidance. There are too many cases of well-meaning but misguided intrusion into families. More and more institutions are becoming responsible for children instead of parents. Most physical and sexual abuse is by boyfriends of single mothers, not fathers.
Testimony Against: Most families are cohesive and loving and the parents and children do communicate. However, good communication and loving relationships can't be legislated, and when children do not communicate with their parents, it is often for very good reasons such as divorce or abuse. Without the confidentiality afforded teenagers under current law, teenagers are more likely not to obtain needed treatment for diseases rather than tell their parents. They are also less likely to be honest when giving sexual history information to a practitioner if they think their parents will find out they are sexually active. Many parents are happy that their children can turn to other responsible adults for guidance if their children do not feel able to tell their parents about their sexual conduct. The bill tries to empower parents by taking power away from children and lacks compassion and respect for children. If children are responsible enough to take the initiative to get tested and obtain treatment for certain diseases, they shouldn't have barriers to access.
Testified: Representative Joyce Mulliken, prime sponsor; Sandra Swanson, Central Washington Family Alliance (pro); Joanne McCann, parent and grandparent (pro); Marda Kirkwood, Citizens United for Responsible Education (pro); Gloria Clark, Sandy Vandenburg and Julanne Burts, citizens (pro); Jeff Kemp, Washington Family Council (pro); and Mike Jones (pro); Ned Dolejsi, Washington State Catholic Coalition (pro, in part); Drs. Rob Lehman and Don Shifrin, Health Coalition for Children and Youth (con); Fred Jensen, citizen (con); Duane Stollenwirk, Sisters of Providence (con); Carol Miller, parent (con); Emily Salzberg, teenager (con); and Tracy Greenwald and Danielle Miller, citizens (con).