Login | June 07, 2025
Legislation repeals law conflicting with Parents Bill of Rights
KEITH ARNOLD
Special to the Legal News
Published: June 5, 2025
A western Ohio lawmaker has proposed legislation in the Ohio House of Representatives to repeal a section of state law that clashes with the Parents Bill of Rights, which went into effect in April.
Rep. Johnathan Newman, R-Troy, told members of the Health Committee last week that R.C. 5122.04, which states mental health services may be provided to a minor student “without the consent or knowledge of the minor’s parent or guardian,” and “the minor’s parent or guardian shall not be informed of the services without the minor’s consent,” is in direct conflict with the Parents Bill of Rights.
Were the particular section of the statute to remain in effect, “it would confuse schools, making them think they should promote children keeping knowledge of mental health treatment from their parents,” he said during a hearing of House Bill 172.
According to analysis of the bill, current law permits mental health professionals to provide outpatient mental health services to minors 14 years old and older on a temporary basis without parental or a guardian’s consent. Mental health services may be provided in this manner for up to six sessions or 30 days, whichever occurs sooner.
Further treatment, according to existing law, requires consent from a parent or guardian.
“Without parental consent, the mental health professional must terminate the services or, with the minor’s consent, notify the parent or guardian to obtain consent for further services,” Emma Carroll, a research analyst, wrote for the Ohio Legislative Service Commission analysis of HB 172.
HB 172 explicitly prohibits minors 14 years old and older from receiving mental health services without parental consent.
A tenet of the Parents Bill of Rights is “a parent has a fundamental right to make decisions concerning the upbringing, education and care of the parent’s child.”
“Parents should be informed and give authorization for all mental health treatment administered to their children,” Newman said. “Asking a child who is currently dealing with a mental health issue ‘do you wish to make your parents aware of the treatment you are about to receive?’ is wrong.”
In the circumstance that a school administrator or mental health professional determines that a parent has neglected or abused the student, law enforcement officials must be contacted to report the crime, as stated in R.C. 2151.421, he added.
“We should all want to see students who suffer with mental health struggles receive the help they need,” the lawmaker said. “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.”
Sixteen House members have co-sponsored the bill, which awaits further consideration by the committee.
Copyright © 2025 The Daily Reporter - All Rights Reserved