SB 895

ON APRIL 7, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 826, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make various changes and additions to the Families' Rights and Responsibilities Act, and to present law concerning parental consent for the treatment of minors. Present law specifies 12 parental rights that are generally reserved to a child's parent, one of which is to have the child excused from school attendance for religious purposes. Th is amendment adds that the child must not be excused for religious purposes for 20 days or more in a single school year. If the child is absent for 20 days or more during a school year for religious purposes, then the school may require the parent to att e nd a meeting to discuss the child's educational future. Another of the rights generally reserved to a child's parent is the right to consent before a government entity makes a video or voice recording of the child; provided, however, that this right is s ubject to six exceptions. This amendment adds a seventh exception for an activity approved by the school related to academic instruction. Present law specifies five circumstances under which the general reservation of parental rights does not apply. Th is amendment adds the following additional circumstances under which the general reservation of parental rights will not apply: (1) If a local education agency has previously issued a blanket consent request to a parent authorizing a school official or a school nurse to treat any injury or ailment of the parent's child that may occur on school property during regular instructional hours or extracurricular activities, including rendering emergency aide, and the parent fails to respond to such request, th e n a school official or school nurse may act in the best interest of the child if the child is in need of medical attention during regular instructional hours or extracurricular activities to treat an injury or ailment or render emergency aid; or (2) In c ircumstances in which a LEA has issued a blanket consent request to a parent authorizing the entity to make a video or voice recording of the parent's child on school property during regular instructional hours or extracurricular activities; provided, how e ver, that parental consent must be obtained before any video or voice recording of the child is published. School officials are not required to obtain parental consent before the video or voice recording is initiated. Present law generally requires that a government entity, a healthcare provider, or any other person obtain the consent of a minor's parent before providing the minor with medical treatment, medication, psychological services, or counseling services. Present law specifies six exceptions to the parental consent requirement. This amendment adds the following new exceptions to the parental consent requirement: (1) A person acts reasonably to render appropriate, non-emergency first aid to a minor appearing or represented to be sick or injure d. Such non-emergency first aid includes, but is not limited to, dressing minor wounds, applying topical agents, providing fluids or ice, and performing checks to identify minor illnesses; or (2) A healthcare provider providing a screening to a minor wh en they reasonably believe the minor may be a victim of human trafficking, exploitation, neglect, or abuse. ON APRIL 10, 2025, THE SENATE SUBSTITUTED HOUSE BILL 826 FOR SENATE BILL 895, ADOPTED AMENDMENTS #1 AND #2, AND PASSED HOUSE BILL 826, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make various changes and additions to the Families' Rights and Responsibilities Act, and to present law concerning parental consent for the treatment of minors. Present law specifies 12 parental rights that are generally reserved to a child's parent, one of which is t o have the child excused from school attendance for religious purposes . This amendment adds that the child must not be excused for religious purposes for 20 days or more in a single school year . I f the child is absent for 20 days or more during a school year for religious purposes, then the school may require the parent to attend a meeting to discuss the child's educational future . Another of the rights generally reserved to a child's parent i s the right to consent before a government entity makes a video or voice recording of the child ; provided, however, that this right is subject to six exceptions. This amendment adds a seventh exception for an activity approved by the school related to aca demic instruction. Present law specifies five circumstances under which the general reservation of parental rights does not apply. This amendment adds the following additional circumstances under which the general reservation of parental rights will not apply: ( 1 ) I f a local education agency has previously issued a blanket consent request to a parent authorizing a school official or a school nurse to treat any injury or ailment of the parent's child that may occur on school property during regular ins tructional hours or extracurricular activities, including rendering emergency aide, and the parent fails to respond to such request, then a school official or school nurse may act in the best interest of the child if the child is in need of medical attent i on during regular instructional hours or extracurricular activities to treat an injury or ailment or render emergency aid ; or ( 2 ) In circumstances in which a LEA has issued a blanket consent request to a parent authorizing the entity to make a video or v oice recording of the parent's child on school property during regular instructional hours or extracurricular activities; provided, however, that parental consent must be obtained before any video or voice recording of the child is published. School offi c ials are not required to obtain parental consent before the video or voice recording is initiated. Present law generally requires that a government entity, a healthcare provider, or any other person obtain the consent of a minor's parent before providing the minor with medical treatment, medication, psychological services, or counseling services. Present law specifies six exceptions to the parental consent requirement. This amendment adds the following new exceptions to the parental consent requirement : ( 1 ) A person acts reasonably to render appropriate, non-emergency first aid to a minor appearing or represented to be sick or injured. Such non-emergency first aid includes, but is not limited to, dressing minor wounds, applying topical agents, provid ing fluids or ice, and performing checks to identify minor illnesses; or ( 2 ) A healthcare provider providing a screening to a minor when they reasonably believe the minor may be a victim of human trafficking, exploitation, neglect, or abuse. AMENDMENT #2 makes the following revisions:  Removes the provision prohibiting the child from being excused for religious purposes for 20 days or more in a single school year.  Revises the circumstances under which the general reservation of parental rights will not apply as described in the summary by removing the circumstance where a local education agency has previously issued a blanket consent request to a parent authorizing a school official or a school nurse to treat any injury or ailment of the parent's child that may occur on school property during regular instructional hours or extracurricular activities, including rendering emergency aide, and the parent fails to respond to such request, then a school official or school nurse may act in the best interest of the child if the child is in need of medical attention during regular instructional hours or extracurricular activities to treat an injury or ailment or render emergency aid .  Revises the circumstances under which the general reservation of parental rights will not apply as described in the summary by adding the circumstance where a person acts reasonably to render appropriate, non-emergency first aid to a minor appearing or represented to be sick or injured. Such non-emergency first aid includes, but is not limited to, dressing minor wounds, applying topical agents, providing fluids or ice, and performing checks to identify minor illnesses .  Revises the exception to the parental consent requirement where a healthcare provider provid es a screening to a minor when they reasonably believe the minor may be a victim of human trafficking, exploitation, neglect, or abuse by (i) requires the provide to be using reasonable medical judgment, based upon the facts known to the healthcare provider at the time and (ii) be performing the screening in order to determine whether the provider must make a report required by law.  Revises the exceptions to the parental consent requirement described in the summary by adding an exception where a school counselor or school psychologist, licensed by the state board of education, provides preventative and developmental counseling.