Committee hears emotional testimony on S862, agrees to narrow parental authority in emergencies and send to full committee

A Senate Medical Affairs subcommittee heard emotional testimony on S862, a bill aimed at giving parents decision‑making authority for adult dependents (18+) listed on parental health insurance in emergency mental‑health admissions.

The committee received a letter from Disability Rights South Carolina (citing code section 44‑66‑10) warning that the bill as written could be broad and might conflict with existing constitutional protections and the Adult Health Care Consent Act. The record shows the chair made the letter part of the hearing record.

Tessa Spencer Burton, whose son Julian died on July 28, 2025, delivered moving testimony about repeated crises, short inpatient holds that did not ensure continuity of care, and the inability of parents to act once a child turns 18. Burton urged legal tools to help families during critical developmental years so other families might avoid similar tragedies.

Senators expressed sympathy and grappled with the tension between parental authority and individual constitutional rights. Members pressed questions about legal thresholds for incapacity, conservatorship and probate procedures, the role of physicians in declaring emergencies, and the potential for misuse by third parties. The sponsor (identified in the transcript as Senator Tedder/Teder; spelling varies in the record) proposed amendments that would narrow the bill to emergency situations and to persons with diagnosable mental‑health conditions, and offered to consult with Disability Rights South Carolina and legislative staff.

The committee voted by voice to move S862 to full committee so the sponsor can draft amendments; the motion carried with recorded 'ayes' and at least one proxy, but the transcript does not include a roll‑call tally. The record shows the committee intends to refine language to reduce legal vulnerability while preserving emergency options for families.