Committee holds over bill on parental decision‑making for adult children in mental‑health emergencies

The Medical Affairs Committee discussed Senate Bill 862, a measure aimed at allowing parents to assist with emergency admissions for adult children (ages 18–26) experiencing severe mental‑health crises.

The sponsor described testimony from a constituent in Charleston who recounted an emergency where her adult son, diagnosed with schizophrenia and bipolar disorder, could not make decisions and was unable to secure timely help. The sponsor said the bill, as amended, would require a licensed physician to determine that the individual is temporarily unable to make informed decisions, require the parent or legal guardian to be physically present, and limit the emergency authority to a fixed period (the amendment discussed 48 hours) unless re‑certified by a physician.

Supporters said the change provides a narrow emergency pathway to secure care when conventional procedures and timing would otherwise prevent admission. Critics, including one senator who described himself as protective of constitutional rights, said the bill risks bypassing established judicial procedures that determine incapacity and could improperly strip rights from adults without due process. That senator suggested the proposal is “frail” on constitutional grounds and recommended further work or floor discussion with legal counsel.

The committee considered the amendment and several senators asked for additional drafting and stakeholder engagement. The chair asked that sponsor language be taken back to subcommittee for refinement; the committee then voted to carry the bill over to a later agenda rather than report it to the floor at this time.