Parental rights laws are a hot-button topic. States vary greatly on what kind of mental health services clinicians and school counselors can provide to minors and how transparent they must be with parents.

“There is so much misinformation and confusion about these laws,” said Katherine Drabiak, an attorney, medical ethics expert and USF College of Public Health associate professor.

To help set the record straight for both parents and clinicians, Drabiak and USF Morsani College of Medicine student Sarina Singh co-authored the paper, “Parental rights laws and the impact on mental health services and counseling for adolescents,” published in May in the Journal of School Health.

“We were interested in looking at these laws and parsing out what they actually say,” Drabiak noted. “In some states, for example, certain advocacy groups are pushing against what the law is (parents are the central decision-makers and must be involved) and are trying to assert that adolescents and schools should not inform parents of certain issues that happen at school. This can lead to tragic outcomes (for example, suicide after intense bullying). It also exposes school districts to liability when parents bring a lawsuit on the basis that they should have been involved in the decision-making process.”

Drabiak says the laws should make a distinction between confidentiality and privacy.

“Parents have a right to the child’s medical records or diagnosis,” she said, “but providers can work through a confidentiality agreement that would keep certain thoughts or secrets between the child and provider. Some degree of confidentiality is important for trust and building a therapeutic connection. But if the child discloses certain feelings that could lead to a specific action, then the providers should share this with parents.”

Drabiak acknowledges that the laws are confusing, which makes reading through them even more important.

“Many stories in the media [regarding these laws] are inaccurate or misleading, and that creates difficulties for discussing areas of actual policy disagreement,” Drabiak explained. “For people who are especially interested in this area, it is important to read the law and understand what it does or does not do. For clinicians and school counselors, this article serves as a FAQ and explainer of the most common questions I’ve heard. This can help not only with legal compliance but also navigating the optimal role of each person in a child’s life.”

Story by Donna Campisano, USF College of Public Health