House approves bill allowing parents to limit conversation topics for kids, school therapists

SALT LAKE CITY — The majority of Utah representatives voted to pass a bill Tuesday that allows parents to make certain subjects off-limits during meetings between their children and school therapists.

HB281 has received a significant amount of support from those who say it empowers parents to oversee mental health treatment their children undergo while at school, but has been opposed by several associations of mental health professionals who argue the ability for parents to prohibit certain topics will make it harder for therapists to identify kids who might be suffering abuse at the hands of a parent or other family member.

Utah already requires school therapists to get parental consent when treating a minor, but the bill's sponsor, Rep. Stephanie Gricius, R-Eagle Mountain, said the bill strengthens that consent by providing parents the opportunity to opt out of certain topics. It also requires school therapists to give parents notification that a mental health therapy session took place within a business day.

The bill "shifts parental involvement in their children's mental health in the school system from an opt in to an opt out — it makes the default parental involvement," Gricius said. She added that it establishes "guardrails" to keep parents involved in the treatment of their children.

Several Democrats echoed concerns expressed by the Utah Association for Marriage and Family Therapy during a committee hearing late last month, asking about the potential for topics such as abuse to be made off limits.

"We have seen predators be protected by adults — we know that that has happened," said Rep. Sandra Hollins, D-Salt Lake City. "I'm just wondering what is stopping a ... parent from saying ... to a therapist, 'You cannot talk about so and so in this practice,' knowing that that child may be being abused by them?"

Gricius noted that the bill allows school therapists — who are considered mandatory reporters — to report abuse that is disclosed by children, even if the subject is off limits. But therapists have said children may not have the vocabulary to disclose that they are being abused, and they should be able to ask questions to investigate.

A couple of Republicans appeared to agree.

"We've learned that most children can't even put words to the abuse that they have — been sexually or otherwise abused as a child — until they're in their 40s, and to expect that a child somehow is willing to get the magical words ... to expect that they would then have disclosure to speak with a counselor and someone that could help them find language to why they're acting out, why they're struggling, why they're having difficulties, I think that's asking way too much," said Rep. Ken Ivory, R-West Jordan.

"I know her intentions are nothing but honorable and the best; I would submit that we can do better than where this bill is now," he added, asking his colleagues to pause on the issue for now.

The proposal went through several changes on the House floor Tuesday to incorporate several changes proposed during previous discussions, but mental health professionals remained opposed to the bill.

The Utah Association for Marriage and Family Therapy issued a statement Tuesday that it "stands firmly in opposition to HB281," recommending several changes it would support, including allowing therapists to ask probing questions to assess for safety, advocating for a "collaborative approach" between parents instead of the state mandate and removing the provision allowing parents to make certain topics taboo.

"Our colleagues providing therapy in schools bring a unique relational perspective allowing children and their families to flourish through therapeutic services," the organization said. "HB281 would restrict therapists' ability to provide basic mental health services and assess for safety, which could potentially cause harm to the children who rely on these services."

One Republican lawmaker, Rep. Steve Eliason, R-Sandy, proposed making the daily notification requirement an opt in for parents, saying it could reduce the amount of paperwork therapists will be required to fill out.

"If the parent wants it, they can get it either way," he said. "This could potentially reduce the burden for communication."

Most of his GOP colleagues disagreed with the change and voted to keep it as written, leaving the parents with the ability to opt out of the notifications.

"I would resist this amendment for the reason that the default would no longer be parental involvement," Gricius said.

HB281 ultimately advanced to the Utah Senate on a 48-19 vote. Eliason, Ivory and three Republicans joined all Democrats in voting against it.

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