Bill Summary for H 847 (2015-2016)

Summary date: 

Apr 27 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 847 (Public) Filed Tuesday, April 14, 2015
AN ACT PROTECTING PARENTS FROM REPORTS OF ABUSE OR NEGLECT BASED SOLELY ON A DECISION TO FOLLOW TREATMENT RECOMMENDED BY A HEALTH CARE PROVIDER OR MENTAL HEALTH CARE PROVIDER AND TO PROVIDE FOR PARENTS' FUNDAMENTAL RIGHTS.
Intro. by Jordan.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends GS 7B-301(d), which, as enacted in this act, prohibits a person or institution from filing a report of abuse or neglect under this section, to clarify that no person or institution is obligated to file an abuse or neglect report solely based on the decision of a parent or guardian to follow treatment for a minor child that is recommended by a licensed health care provider or licensed provider of mental health services. Clarifies that a parent or guardian's decision to follow a contrary opinion or recommended treatment plan does not generate an obligation for any person or institution to report suspected abuse or neglect under GS 7B-301. Deletes language in new subsection (d) which provided that even in a case of an immediate, life-threatening situation, the parent's decision cannot be overridden unless there is clear and convincing evidence that warrants a different decision.

Makes a technical change to new GS 90-21.10A, Parents fundamental rights.

Deletes proposed changes to GS 90-21.5.

Deletes changes to the title of Part 2 of Article 1A of GS Chapter 90 and deletes changes to GS 90-21-7, which added treatment for sexually transmitted diseases, abuse of controlled substances or alcohol, mental illness, and pregnancy to medical treatments for a minor that require the written consent of a parent or guardian of the minor.

Deletes changes made to GS 90-21.8 to conform with GS 90-21-7, as amended in the 1st edition. Also deletes conforming changes made to GS 90-21.9 and GS 122C-221(a).

Act remains effective October 1, 2015.

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