Fundamental Rights of Parents Incrementally Weakened

In 1968 parental authority over their children’s healthcare was destroyed in Georgia when the Family Planning Act was changed as follows: “Persons to whom agencies may offer services. Any one or more of the following classifications: married, a parent of at least one child, pregnant, or requesting such services.” Result: (a) marital status became irrelevant and (b) minors could receive confidential family planning services, contraception and abortion.

By 1985, 17 years later, page 69 of a 397-page U.S. report listed Georgia as one of six states where adolescents are served without parental consent. The report’s Table 7 – “State-by-State Comments Concerning Selected Federal, State and Local Programs” – reported Georgia Public Health Department policy toward minors: “Teens seeking services are considered emancipated minors, and are offered a full range of services without parental notification or consent, which is perceived as a major barrier to services. Parental involvement is encouraged.”

In the spring of 1986, extensive telephone research was done to ascertain whether or not state and local departments, agencies, school systems, and/or staff could be held liable for the adverse effects of contraceptives given to minors.

Local Board of Education Q & A
Q. Are teachers liable in any way for what they teach or the outcome of that teaching?
A. No, as Jong as they teach within school system policies and are not teaching outside course information. Call the attorney for the local Board of Education.
Q. If you gave a minor an IUD, would you get the child to sign a waiver?
A. Oh, yeah, they could sign a waiver.

Attorney for a Local Board of Education Q & A
Q. Are schools accountable for the information taught students?
A. No. The school is not accountable for abortion information or contraceptive information. But, the person in the medical facility who counseled the student would be responsible. The·person giving the information is not liable. But, in my opinion, the person giving the contraceptives is liable. However, the caller was reminded that government entities enjoy government immunity. Suggestion was made to call the medical services.

County Solicitor’s Office Q & A
Q. Is the county liable for any adverse reaction to abortions or contraceptives recommended or administered to minors in its teen services?
A. H-m-m-m, this question has never been asked before. We are employed by the state and don’t give out any information. But, given our state laws, the parents would be responsible for their children.

The passage of H.B. 1058 in 2016 further weakened parental authority over a minor child that tested positive for AIDS. Previous law mandated that a parent or guardian “shall” be notified. In 2016 “shall” was replaced with “may,” which allows, but does not require, notification.

• To read current legislation in the Georgia General Assembly in regards to the children and the rights of parents, please click here.