COLUMBUS, Ohio (WCMH) -- An Ohio lawmaker said a bill that would prohibit counseling and healthcare services to minors without guardian consent would solidify parental rights, while other legislators argue the measure could stifle youth experiencing abuse at home.
Introduced by Rep. Johnathan Newman (R-Troy) in March, House Bill 172 reiterates regulations set by Ohio's "Parents' Bill of Rights" law requiring schools to notify a parent of a student's change in counseling services, emotional or physical health, or well-being. Educators also must provide parents the opportunity to review instructional material that includes "sexuality content." Watch a previous NBC4 report on the "Parents' Bill of Rights" in the video player above.
H.B. 172 additionally bans a mental health professional from treating a minor who "presents for the diagnosis or treatment of a gender-related condition" without first obtaining consent from a parent.
Ohio bill that would require free feminine hygiene products in prisons moves forwardDuring H.B. 172's first hearing on May 21 in the Ohio House Health Committee, Newman said the legislation is needed, given that part of Ohio's Revised Code is not in compliance with the "Parents' Bill of Rights," which went into effect in April. Should the state's revised code remain as is, Newman said it could cause confusion in Ohio schools and make "them think they should or could promote children keeping the knowledge of mental health treatment from their parents."
"We all should want to see students who suffer with mental health issues receive the help they need," Newman said during the hearing. "This bill seeks to do that, maintaining that the students' parents cannot be left out of the picture because the parents are the child's authority and most important and essential part of the student's recovery."
However, Rep. Anita Somani (D-Dublin) voiced concern for how H.B. 172 might impact a student facing abuse from a parent or relative. Somani argued "there is not safe space for that child" if they need to get permission before seeking help, and asked how a teacher is expected to identify abuse without communicating with the student.
Newman said he expects a student would seek counseling services after reporting an abusive parent, not the other way around. The lawmaker noted H.B. 172 would not interfere with school employees' obligation to report to law enforcement if there's evidence of a child suffering a crime of abuse or neglect.
Ohio lawmakers push for stricter rules on ‘obscene’ drag queens, indecent exposureRep. Karen Brownlee (D-Symmes Township) said she has worked through such situations as a clinical social worker in Cincinnati. Brownlee said there were many times parents weren't readily available when she, or other school staff, had to send a student to the hospital for a medical emergency. "Are you suggesting that we do not get them that immediate care because of this parental consent need?" Brownlee asked.
Newman reiterated that many of these provisions are already law because of the "Parents' Bill of Rights" and said that if a child needs help and a school employee is aware, then "parents must absolutely be notified and informed." If there's a crisis at the school and parents cannot be reached, "certainly we address the emergency," Newman said.
"This bill seeks to uphold what the law currently says, that if there are mental health services to be provided, parents are to be notified. Parents can't be written out of the mental health or behavioral care of their children," Newman said. "Parents must be a part of the solution for care."
Brownlee also said "it would completely go against, not only code of ethics, but would impede the safety of the child" for a social worker or educator to discern a "gender-related condition" or any diagnostic or mental health issue, before that student received treatment.
Pilot program testing tasers in Ohio’s prisons; may expand statewideH.B. 172's provision banning mental health professionals from treating minors who "present for the diagnosis or treatment of a gender-related condition" is one of several reasons the proposal has been condemned by Ohio LGBTQ+ advocacy groups.
Equality Ohio argued in March that both H.B. 172 and the "Parents' Bill of Rights" will cut off "a crucial lifeline" for LGBTQ+ youth who live in unsupportive homes and confide in their therapist or school counselor. Dwayne Steward, Equality Ohio's executive director, said H.B. 172 continues the Ohio Statehouse's trend of "anti-LGBTQ+" legislation and that the measure would force youth out of the closet "in very, very dangerous situations where they're already experiencing crisis."
"The bill would remove the confidentiality of a trans student who was experiencing mental health needs, and it could delay or keep a child from going and getting the mental health care that they need," Steward said. "It's extremely dangerous and another way in which our legislature is failing trans students."
H.B. 172 could receive additional hearings in the Ohio House Health Committee, which would be open for public testimony.
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