Senate Bill 93 authorizes parents to refuse to consent to a range of treatment options, including mental health treatment, for young people who identify with a gender different than that assigned to them at birth and limits the power of the state to intervene in such circumstances.
The ACLU of South Dakota opposes Senate Bill 93. Parents already have broad constitutional and common law powers to make decisions about medical treatment for minor children in their care and custody that cannot be limited by legislation. All this bill does is implicitly condone a sweeping set of dangerous practices of denying support for transgender children and potentially limiting the power of the state to intervene even in cases when severe and possibly deadly harm is coming to a child.
Senate Bill 93 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.