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1 1 (February 10, 2023)

handle is hein.crs/goveknv0001 and id is 1 raw text is: Congressional_______ R a esearch Service Title X Parental Consent for Contraceptive Services Litigation: Overview and Initial Observations (Part 1 of 2) February 10, 2023 Enacted in 1970, the Title X Family Planning Program (Title X) is a federal program that provides grants to public and nonprofit agencies to deliver family planning and related preventive health services. The Program directs grantees to furnish such services in a manner that prioritizes low-income individuals, with reduced or no cost to such individuals. At more than 3,000 service sites, Title X projects offer a range of clinical services including pregnancy testing and counseling, contraceptive services and counseling, basic infertility services, breast and cervical cancer screening, services related to sexually transmitted infection (STI), and adolescent-friendly health services. As to adolescent services, for almost four decades, lower courts-including the U.S. Courts of Appeals for the District of Columbia, Second, Eighth, and Tenth Circuits-have uniformly concluded that Title X precludes the imposition of a parental notification or consent requirement, including under relevant state laws. Consistent with this case law, current Department of Health and Human Services (HHS) regulations codified at 42 C.F.R. @ 59.10(b) prohibit Title X projects from requiring parental consent and notification for services provided to minors. In December 2022, however, the U.S. District Court for the Northern District of Texas issued an order in Deanda v. Becerra, ruling in favor of a parent who challenged Title X's parental consent and notification prohibition, objecting on religious grounds to his daughters' access to prescription contraception and other family planning services. The district court held that Title X's prohibition infringes upon the plaintiff's statutory right to parental consent under Texas law as well as his fundamental parental right under the U.S. Constitution to direct the upbringing of his children. Based on this conclusion, the court set aside the relevant portion of @ 59.10(b). The court's constitutional ruling has potentially broad implications beyond Title X. This two-part Sidebar series provides an overview of this litigation. Part 1 provides an overview of the relevant legal background. Part 2 provides a summary of the district court's order, as well as certain preliminary observations for Congress's consideration. Congressional Research Service https://crsreports.congress.gov LSB10916 CR3 Legal Sidebar Prepared for Members and Committees of Conaress

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