Pregnant teen waits hours as Idaho law requires consent from jailed guardian

McCall, Idaho — A 13-year-old's pregnancy has highlighted the complex challenges arising from Idaho's new parental consent law, which requires guardian approval for nearly all medical care provided to minors.

The case of Aleah, identified by first name only due to her age, demonstrates how the law affects healthcare delivery in situations involving absent parents or complex guardianship arrangements. When the pregnant teen arrived at an emergency room with contractions, medical staff spent more than two hours attempting to contact her incarcerated grandmother for consent before conducting a basic examination.

The law, which took effect three months ago, mandates parental permission for almost all healthcare services provided to minors and grants parents access to their children's medical records. While supporters view it as necessary to protect parental rights, healthcare providers and advocates say it creates barriers to essential medical care.

"It has been a terrible bill with terrible outcomes for the youth, especially those who are the victims of their parents' abuse," said state Rep. Marco Erickson, a Republican who voted for the measure despite reservations. "I have seen youth not want to participate in therapy for fear their abuser would gain access to what they are talking about. I tried to warn my fellow legislators … but I was one Republican voice among a group of people who do not understand how things work on the ground."

The legislation represents part of a broader parental rights movement that has emerged across the United States. The Alliance Defending Freedom, a conservative Christian organization, reports that seven states now have comprehensive parental rights protections in healthcare decisions.

Dr. Caitlin Gustafson, who treated Aleah, found herself unable to perform a standard pelvic examination when the teen arrived with contractions at 36 weeks pregnant. Though accompanied by her great-aunt Anna Karren, who had recently taken her in, the law required consent from Aleah's legal guardian - her grandmother, who was in jail on drug charges.

The situation highlights a paradox within the law: while Aleah cannot consent to her own medical care, she has the authority to make healthcare decisions for her newborn daughter. Karren, who has since obtained power of attorney to manage Aleah's medical care, expressed frustration with the process.

"The doctor wasn't asking her these questions, even though it's her body and what's going to happen to her - her placenta, her labor, how she's going to manage her pain in labor," Karren said of discussions about labor and delivery plans.

Healthcare providers across Idaho report increasing complications in delivering care to minors. Crystal Pyrak, board president of the Idaho Academy of Family Physicians, described several concerning incidents, including a 17-year-old with a hornet allergy who could not obtain an EpiPen replacement because his parents were traveling.

The law allows for emergency treatment but has led many providers to seek legal counsel regarding routine care. Boise attorney Kim Stanger advises medical professionals to "just assume you want to get parental consent" due to the statute's broad language.

Rep. Barbara Ehardt, the Republican who sponsored the bill, defended the legislation as a reasonable measure to protect the parent-child relationship. "We don't let kids drive, we don't let them get tattoos, we don't let them drink, but we're going to allow them to make medical decisions that affect the rest of their lives without their parents?" Barbara said. "The most trusted bond that we can have is that between a child and their parent, and it is everyone else who is getting in the way... It needs to stop," she voiced.

The impact extends beyond medical facilities. The Boise School District now requires parental consent for basic first aid, and youth resource centers must document attempts to obtain guardian permission for providing items as basic as tampons.

Some medical professionals worry the law could deter adolescents from seeking help for sensitive issues. Dr. Jessie Duvall, a Boise pediatrician, noted that confidential conversations with adolescents represent standard medical practice nationwide.

"We all remember being a teen, and you don't want to say things to your parents," Duvall said. "Sometimes it is nice to have a first pass with a safe adult. Now I have to tell kids that what we say in here is confidential - but it is also not because of this new law."

The legislation passed along party lines and received qualified support from Republican Gov. Brad Little, who urged monitoring for "unintended barriers" to behavioral health services. Several legislators plan to propose modifications addressing concerns about the law's effects.

For Aleah, the immediate impact meant additional bureaucratic hurdles during her pregnancy and delivery. When she went into labor on September 9, her great-aunt had to provide consent for medical procedures including labor induction and an epidural.

Karren became Aleah's legal guardian on October 1, simplifying future medical decisions. The teen mother now lives with Karren and her 12-year-old daughter, caring for her newborn daughter, Oaklie Rayne, while preparing to resume her education through online classes.

The Idaho Coalition for Safe Healthcare, co-led by Dr. Gustafson, plans to advocate for exempting pregnant minors from the law's requirements. Rep. Erickson indicated that several legislators may propose changes during the next session in response to "negative effects" observed since implementation.

The law differs from many state policies that allow minors to independently seek certain medical services, particularly related to reproductive health, mental health, and substance abuse. A recent federal appeals court ruling extended similar parental consent requirements to Title X clinics in Texas, potentially affecting access to confidential contraceptive services for minors in other states.

Michelle Lewis, who operates a youth resource center and shelter for abused and homeless teens in Lewiston, said her staff now documents every communication attempting to obtain parental consent - even for providing basic hygiene supplies or discussing future plans with teens.

The legislation's supporters, including the Alliance Defending Freedom, specifically cite concerns about gender-affirming care and other sensitive medical discussions occurring without parental knowledge. During legislative hearings, one mother testified about her child receiving counseling and medical care related to gender identity without parental involvement.

However, medical organizations emphasize that confidential conversations with adolescents represent established best practices endorsed by national pediatric and family medicine associations. These discussions typically cover topics including reproductive health, mental well-being, safety concerns, and substance use.

For Aleah, who has experienced multiple foster care placements and family separations, the law added another layer of complexity to an already challenging situation. Though she now has stable guardianship arrangements through Karren, her case illustrates how parental consent requirements can affect vulnerable youth with complicated family circumstances.

The teen mother now focuses on caring for her daughter, drawing on her experience helping with younger siblings. "It is pretty much just like taking care of my siblings, except 24-7," she said. I like being in charge."

As Idaho's medical community continues adapting to the new requirements, healthcare providers, school officials, and youth advocates watch closely for legislative modifications that might address their concerns while maintaining the law's core parental rights protections.