Experts warn Ohio lawmakers’ Republican-sponsored bill could protect parents who abuse LGBTQ+ youth

Ohio sexual violence and sex trafficking experts warn against bill eliminating emergency path to safety for LGBTQ+ youth
(Image by H.L. Comeriato)

During public testimony before members of the Ohio House Health Committee, sexual violence experts and advocates warned lawmakers that a Republican-sponsored would harm LGBTQ+ youth and endanger some of the state’s most vulnerable young people – including survivors of sex trafficking and the 16,000 children currently living in foster care across the state.

Introduced by conservative Christian megachurch pastor Rep. Jonathan Newman (R-Troy) in May, Ohio House Bill (HB) 172 is part of a larger push among House Republicans to enhance “parents rights” and limit health care for transgender youth.

The bill would eliminate the Ohio Mobile Response and Stabilization Services (MRSS) program, which currently allows mental health professionals to provide minors ages 14 and older with temporary outpatient mental health services without obtaining consent from a parent or guardian.

The program is designed to serve adolescents in crisis, and permits up to six sessions or 30 days of confidential mental health care, whichever occurs first. After the temporary treatment window expires, mental health professionals must obtain consent from the minor’s parent or legal guardian in order to continue treatment.

Republicans have framed the program as a means for LGBTQ+ youth to discuss their gender identities or sexual orientations with a mental health professional without parental disclosure.

However, sexual violence experts told lawmakers the bill would discourage young people of all backgrounds from seeking professional help and eliminate an effective path to safety – particularly for LGBTQ+ youth, who face far higher rates of child sexual exploitation and abuse than their cisgender peers.

More than 40% of LGBTQ+ youth report having experienced sexual violence before turning 18, and more than 24% report “frequent physical or emotional abuse at home” as a direct result of their LGBTQ+ identities.

Disclosing abuse

The Ohio Alliance to End Sexual Violence (OAESV) provides standardized trainings and technical assistance to 36 Rape Crisis Centers (RCCs) across the state – offering resources and services to survivors of sexual violence at no-cost, including access to “counseling, trauma therapy, victim advocacy, and crisis response.”

During the bill’s third hearing on Nov. 19, OAESV public policy director Emily Gemar told Health Committee members HB 172 would make it more difficult for young people who are experiencing sexual assault to disclose abuse.

“Most child sexual abuse is committed by someone the child knows — often a parent, guardian, or other family member,” Gemar said. “When the abuser is a parent or has influence over the home, requiring that parent’s consent for counseling effectively denies the child access to safety, disclosure and intervention.”

“Confidential counseling is often the first and only setting where a child can safely disclose abuse to a trained professional,” Gemar said – noting that current law strikes a “careful balance” between confidentiality and parental involvement.

“It protects parental rights and children’s safety by allowing a narrow pathway for children to seek limited therapeutic services,” she added. “This bill would close that pathway for the children who need it most.”

Foster care and sex trafficking

Across the state, about 35% of the 16,000 young people currently living in foster care report having experienced abuse and neglect while under custody of the state.

Gemar told committee members that youth living in foster care often lack safe and consistent adults in their lives and struggle to access strong support systems, making them particularly vulnerable to sexual violence and abuse.

Additionally, the U.S. Department of State reports that 60% of all young people who experience sex trafficking are trafficked by parents, guardians or caregivers.

“Research shows that confidentiality is often the only circumstance under which trafficked minors feel safe disclosing abuse or engaging in care,” Gemar said. “By requiring parental consent, this would make therapeutic access impossible for trafficked minors, further entrenching trauma and preventing pathways to recovery and safety.”

Lisa DeGeeter – senior director of prevention and policy at the Ohio Domestic Violence Network (ODVN) – told lawmakers the confidential temporary treatment included in the MRSS program is only utilized as a last resort.

“It is designed for children with no other recourse, children whose only paths to safety and healing comes from agencies that exist to help them, such as domestic violence, sexual violence and child abuse programs,” DeGeeter said.

When young people contact the MRSS program, mental health and crisis intervention professionals are required to respond within 60 minutes, most often in-person. DeGeeter said that initial response is just beginning.

“Disclosure isn’t an event, it’s a process,” she told Rep. King. “There’s an entire sequence that happens with these cases. It takes time [for officials] to get enough information to take action.”

Transgender youth

CEO of the Ohio Psychological Association (OPA) Dustin McKee addressed transgender youth before committee members, reminding lawmakers that state law already requires mental health providers to report significant changes in gender identity or sexual orientation to a minor’s parents or guardian.

Regardless of suspected anti-LGBTQ+ abuse in the home, Ohio state law requires mental health professionals to out LGBTQ+ minors to their parent or legal guardian before providing mental health care services.

“The General Assembly has already addressed these concerns,” McKee said regarding trans youth. “Striking this entire statute from the code will only further erode protections that exist in current law to help young people experiencing abuse, neglect, suicide and other significant threats to their health and wellbeing.”

Cost of Delay

Overall, McKee said eliminating the MRSS program could result in an increased risk of suicide among adolescents across the state.

“Passing HB 172 would create circumstances that would leave the parent unaware of their child’s suffering and/or the acute risk of suicide their child faces — because the child never sought help in the first place,” McKee said.

“Without this law, the teen will not have that bridge of support during the sometimes-extended time it can take to substantiate a report or allegation of abuse,” he added. “Psychologists will tell you firsthand that when early help becomes harder to access for Ohio youth, emergencies will become more common for our loved ones in this age group.”

In total, at least 21 organizations submitted public testimony in opposition to HB 172, including:

Bill co-sponsor accused of sexually assaulting minor

Among the bill’s cosponsors is publicly sanctioned Republican Rep. Rodney Creech (R-West Alexandra), who was removed from his committee assignments in April and told to resign after an underage family member accused him of sexual assault.

Creech has since publicly denied allegations that he climbed into bed with the teenager while partially clothed and erect, calling them “political” in nature.

His name is still attached to the bill. 🔥


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