House Bill 1205 aims to provide parents with certain rights regarding health care or treatment of a minor child. Additionally, it is noted that a parent would have the right to refuse consent to health care treatment of a minor child if the parent believes that the treatment would induce, confirm, or promote the child's belief that the child's sex or gender identity is different from the child's sex presented at birth.
Additionally, no public authority or official of this state may take any adverse action against a parent for exercising this right.
The ACLU of South Dakota opposes House Bill 1205. Parents already have broad constitutional and common law powers to make decisions about medical treatment for minor children in their care and custody. Those parental rights can only be overridden if a parent’s refusal to consent to medical treatment would result in serious harm to the child. That means that all this bill would do is disrupt the ability of the state to protect the health and well-being of minor children in the most extreme cases where death or serious injury is at stake.
House Bill 1205 could allow parents who have rejected their transgender children to prevent or delay urgently needed medical care when their child is in out of home care, such as foster care.