Republican rep offers bill to amend Washington’s ‘mature minor doctrine’

Rep. Jim Walsh proposes a bill to amend Washington's mature minor doctrine, aiming to strengthen parental rights in healthcare decisions for minors. — Rep. Jim Walsh proposes a bill to amend Washington’s mature minor doctrine, aiming to strengthen parental rights in healthcare decisions for minors. Photo courtesy Carleen Johnson

According to Rep. Jim Walsh, I-2081 did not go far enough in protecting parents’ rights to be involved in healthcare decisions for their minor children

Carleen Johnson
The Center Square Washington

In March 20024, the Washington State Legislature passed Initiative 2081, the parents’ bill of rights, which took effect on June 6 of that same year.

Under I-2081, parents have the right to examine textbooks, curriculum, and any supplemental materials used in their children’s classrooms. They also have the right to inspect their child’s public school records and receive a copy within 10 business days of submitting a written request.

According to Rep. Jim Walsh, R-Aberdeen, I-2081 did not go far enough in protecting parents’ rights to be involved in healthcare decisions for their minor children.

As such, he has pre-filed House Bill 1176 to amend the state’s “mature minor doctrine.”

“With initiatives, there’s a strict practice of single subject, and we weren’t able to accomplish everything we wanted with that, so this is kind of the next step in restoring family rights, and parental rights,” Walsh said.

I-2081 requires parental notification if a child is seeking medical or mental health care at school, or being referred for care outside school.

Some aspects of the law are still being challenged in the courts.

Walsh says his bill is necessary to clean up the confusing rules around minor consent in Washington.

“What we have now is a patchwork of threshold ages at which minors can choose to receive medical services and therapies without parental consent,” the lawmaker and chair of the Washington State Republican Party explained. “In some cases, depending on the care in question, the threshold age is as young as 13. In other cases, it’s 14 or 15, and in my mind as a lawmaker, that patchwork of different age thresholds is kind of sloppy. It’s not consistent and clear law.”

Under HB 1176, minor children must be at least 17 years old to consent to STD-related treatment, inpatient mental health or substance use disorder treatment. Parents or guardians would have to provide consent for minors under 17.

A news release emailed to The Center Square promoting the legislation stated it would also bar the state from using taxpayer funds to cover “abortion procedures for minor children under 17 unless the minor child’s life is in imminent danger.”

“There are a few carve-outs in extraordinary situations where a minor child might be able to receive care without parental consent, but those are narrowly defined,” Walsh said.

He anticipates meeting the same type of resistance that opponents of I-2081 raised during a public hearing on the measure.

As reported by The Center Square, Sen. Jamie Pedersen, D-Seattle, who ultimately voted yes on I-2081, shared concerns about youth who may have difficult relationships with their parents.

“Whether that’s around the right of a young woman to seek reproductive healthcare, which is guaranteed in our state at any age, or the right of youth to seek access to mental health counseling, which is also guaranteed at age 13 or 14 without any parental involvement, I wanted to make sure those rights were not affected by this,” Pedersen said in March.

Walsh’s bill would clarify parents must be involved in those healthcare decisions for minors under the age of 17.

The Center Square contacted the office of Rep. Dan Bronoske, D-Lakewood, the new chair of the Health Care & Wellness Committee, for comment on the legislation and received an email response indicating he would have no comment on the bill.

The American Civil Liberties Union of Washington, which filed lawsuits to block I-2081 after it became law, responded via email to say the organization had no one available to provide comment on the legislation.

This report was first published by The Center Square Washington.