Parental rights bills get over finish line
A push to give parents affirmative rights to information about their children — a legislative priority for Gov. Kelly Ayotte — cleared both House and Senate Thursday in two identical bills.
In a key concession, however, Republican leaders in both chambers agreed to remove a section requiring that parents give consent for all health care services provided to their children.
Planned Parenthood of Northern New England and other advocates of legal abortion argued that section would have been in conflict with federal law that permits teens to gain access to birth control without parental permission.
The Senate-passed bill (SB 72) won approval in the House largely on a party line vote of 214-167.
The vote to support changes the Senate made to the House bill (HB 10) was 210-160.
State Rep. Peter Petrigno, D-Milford, charged that the measure's high legal standard of 'clear and convincing evidence' for educators to be able to withhold information from parents could put children at risk of harm.
'We will be giving cover to child abusers; I am sure that is not the intent but that is exactly what that provision does,' Petrigno said.
Rep. Heather Raymond, D-Nashua who formerly worked for the Division of Children, Youth and Families, said the current standard for DCYF to investigate abuse is if the teacher has a 'reasonable cause to suspect' that it happened.
DCYF can then bring an abuse allegation to law enforcement if it meets the 'preponderance of the evidence.'
House Speaker Pro Tem Jim Kofalt, R-Wilton, said the dismissal of a lawsuit brought by a Manchester parent seeking information about their child showed that the Legislature needed to act.
'They did not have clear and unequivocal guidance from this Legislature and governor that parental rights are fundamental and should be viewed through that lens; that changes the game,' Kofalt said.
House Speaker Sherman Packard, R-Londonderry, had been working for the past four years on a parental rights policy and made it one of the top 10 issues contained in the House GOP's 'Contract with New Hampshire' during the 2024 campaign.
'Today, with the passage of HB 10, the Legislature has taken a decisive step to uphold parental rights. This legislation reaffirms a fundamental principle: that parents have the right to be informed and involved in decisions affecting their children's lives,' Packard said in a statement after the vote.
Kayla Montgomery, vice president of public affairs for Planned Parenthood of Northern New England, praised a coalition of groups who had pushed to remove the section requiring parental consent for health care.
'Confidentiality plays a key role in supporting young people to make healthy, responsible decisions as they grow into adulthood,' Montgomery said.
'When confidentiality is assured, teens and young adults are more likely to obtain health services, disclose necessary information to their providers, and seek out needed services in the future. When young people perceive a lack of confidentiality, they often delay or forgo seeking critical care, including sexual and reproductive health care.'
Devon Chaffee, executive director for the American Civil Liberties Union of New Hampshire, said removing that section was the right move.
'Granite Staters have continued to make it crystal clear that legislative attacks on our reproductive rights and health care are deeply unpopular,' Chaffee said.
Senate Majority Leader Regina Birdsell, R-Hampstead, said this reform came about because lawmakers worked to come up with the best proposal.
'This language is a compromise between both bodies and is a win for the parents and children of New Hampshire,' Birdsell said.
The Senate approved its measure on a voice vote after Senate Democratic Leader Rebecca Perkins Kwoka of Portsmouth had warned that it would not do enough to 'protect our kids' from potential abuse.
klandrigan@unionleader.com
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