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Resolution on Parental Rights and Substance Abuse Treatment for Minors
- Jordan Leighty
WHEREAS, drug overdose deaths in Texas rose from 1,988 in 2012 to 4,721 in 2022, reflecting a devastating public health crisis driven largely by fentanyl and other illicit substances; and
WHEREAS, Section 32.003(a)(5) of the Texas Family Code currently allows a minor to consent to medical, dental, psychological, and surgical treatment – including examination and treatment for drug addiction, dependency, or related conditions – without parental knowledge or consent; and
WHEREAS, on August 21, 2022, 15-year-old Hays High School student Noah Rodriguez tragically died of an accidental fentanyl overdose; and
WHEREAS, Noah’s mother, Janel Rodriguez, had previously sought to admit her son into a substance abuse treatment program but was denied due to the minor-consent provision in Section 32.003(a)(5); and
WHEREAS, Plank 17 of the 2024 Republican Party of Texas Platform declares: “Parental Rights: The rights of parents are foundational to Western society and shall be respected, affirmed, and protected by the Texas Constitution and Texas Law…We call upon the Legislature to properly recognize and affirm the fundamental right of parents to make all decisions regarding the upbringing and control of their children in all aspects…Any failure to recognize, protect, or honor these fundamental rights shall be actionable”; and
WHEREAS, allowing minors to refuse life-saving substance abuse treatment against their parents’ judgment undermines the God-given authority of parents and endangers vulnerable children, and has harmed Texas children during this historic overdose epidemic; now
THEREFORE, BE IT RESOLVED that the Republican Party of Texas urges the Texas Legislature to amend Section 32.003 of the Texas Family Code to remove the minor’s independent consent authority for substance abuse treatment and to explicitly affirm the right of parents or legal guardians to compel their minor child into a licensed substance abuse treatment program when, in the parents’ judgment, such intervention is necessary to protect the child’s health and life.
