Dear Ms. Stanley,
I came to the State House to testify at the hearing on SB573 which is an act relative to parental consent for medical care. SB573 would add a new RSA by adding a new Chapter, Parental Consent to Medical and Mental Health Care.
Within SB573 there is the following language on consent for mental healthcare:
IV. Soliciting to perform arranging for the performance of, or performing mental health practice, as defined in RSA 330-A-2, VI, on a child.
170-1:1 Parental Consent to medical and Mental Health Care Required.
Unfortunately, I could not stay for the hearing since it ran late. I did go back to listen to your testimony (23:00) and decided to reach out to you based on what you presented to the Senate Judiciary Committee. Since you are the Executive Director of National Association of Social Workers NH, I was concerned by some of the statements you made regarding school social workers who are servicing students in our public schools.
In your testimony, you mentioned that students in our public schools who are receiving mental health services from social workers have consent from their parents through their IEPs, 504 plans, etc. That was good to hear. But then you said that this Bill would have a chilling effect on the Social Workers in our schools. You went on to explain that a child may come to a social worker wanting to talk to them. That the social worker may want to conduct an assessment on that child or make a referral as part of their job.
Under federal law, Every Student Succeeds Act ESSA, Sec. 4002 General Provisions:
“(a) Parental Consent.–
“(1) In general.–
“(A) Informed written consent.—A State, local educational agency, or other entity receiving funds under this title shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental-health assessment or service that is funded under this title and conducted in connection with an elementary school or secondary school under this title.
(ESSA) was signed by President Obama on December 10, 2015, with bi-partisan support from Senator Shaheen and Congresswoman Annie Kuster.
I’m confused by your testimony. Are you saying that social workers in our schools are assessing and providing mental health services without parental consent? And if SB573 were to pass, only then would school social workers have to seek parental consent under the conditions you listed.
If that is the case, it sounds like our school social workers are violating federal law. I am copying New Hampshire Senators and Commissioner Edelblut on this email to alert them to the possibility that social workers in our public schools are currently violating federal law.
I support SB573 for the very reason that you seem to have admitted during the hearing. The mental health counselors working in our schools are either not aware of this federal statute or they are ignoring it. Maybe if SB573 were signed into law, this would clear up any confusion that currently exists.
SB573 would essentially require parental consent for mental care, which is currently required under federal law. Based on your testimony, I’m now very concerned that school social workers around the state are violating federal law. This tells me that the passage of SB573 is even more important to pass.
If you were not aware of the parental consent provision in ESSA, I hope that you will make sure that school social workers are better informed.
