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1 1 (February 10, 2023)

handle is hein.crs/goveknu0001 and id is 1 raw text is: Congressional ______ ~ Research Service Title X Parental Consent for Contraceptive Services Litigation: Overview and Initial Observations (Part 2 of 2) February 10, 2023 This two-part Sidebar series provides an overview of Deanda v. Becerra, a legal challenge concerning parental consent for contraceptives and other family planning services funded by the Title X Family Planning Program (Title X). Enacted in 1970, Title X is a federal program that provides grants to public and nonprofit agencies to deliver family planning and related preventive health services. With respect to adolescent services, the Program generally maintained a policy of protecting the confidentiality of the service recipients and prohibited Title X projects from requiring parental consent or notification. In 2021, the Department of Health and Human Services (HHS) promulgated regulations at 42 C.F.R. § 59.10(b) that formally adopted this policy. Before HHS issued this 2021 final rule, a parent, in Deanda v. Becerra, sued in the Northern District of Texas to challenge HHS's then-policy of prohibiting Title X projects from requiring parental consent and notification. In December 2022, the court ruled in the plaintiff's favor, holding that Title X's parental consent and notification prohibition infringes upon the plaintiff's constitutional right to direct the upbringing of his children. Part 1 of this series provides an overview of the state, constitutional, and federal statutory laws that govern the right of parents to consent to their minor children's health care services. Part 1 also reviews the relevant Title X litigation history. This Part of the series provides a summary of the district court's order in Deanda, as well as certain preliminary observations for Congress's consideration. Deanda v. Becerra and the District Court Order In Deanda, the plaintiff argued that Title X's prohibition on parental consent and notification infringed on a right provided by both Texas law and the U.S. Constitution. The plaintiff objected, on religious grounds, to access to prescription contraception and other family planning services that facilitate sexual promiscuity and pre-marital sex for his daughters. In Texas, where he resides, the plaintiff asserted that he has an enforceable statutory right under Texas Family Code § 151.001(a)(6) to consent to his daughters' medical and dental care, and psychiatric, psychological, and surgical treatment. He further Congressional Research Service https://crsreports.congress.gov LSB10917 CRS Legal Sidebar Prepared for Members and Committees of Congress

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