A Parent’s Right to Know

In 2024, the Tennessee General Assembly affirmed a simple but essential principle: parents have the right to access their child’s medical records. That principle was codified in the Family Rights and Responsibilities Act, recognizing that parents are not outsiders in their children’s lives. They are responsible for their care, their safety, and their well-being. However not all sections of Tennessee law were updated to reflect that standard.And when the law is inconsistent, families pay the price.

I was contacted by an attorney representing a Tennessee mother in Williamson County. Her 16-year-old daughter was receiving mental health treatment. When the mother reached out to the facility to understand her daughter’s condition, she was refused access to any information. The reason? A statute that allowed the provider to treat the minor independently—and to keep the parents in the dark. The court ultimately ruled that the treatment decisions belonged to the minor, not the parent.

That is not what this General Assembly intended when the Family Rights and Responsibilities Act passed. Let’s be clear about what this means in practice. Parents remain legally and financially responsible for their children. They are expected to manage medications, monitor side effects, coordinate follow-up care, and ensure their child’s safety. But in cases like this, they are denied even the most basic information about what treatment their child is receiving. That is not just a gap in the law—it is a breakdown in accountability.

HB 853 is a clarification bill designed to fix that problem and clarify in other parts of code that parents who have the right to access ALL medical records including mental health records. Currently the legal definition of medical records in TCA 63-2-101 c(4) leaves this out. 

This bill does something more fundamental: it ensures that parents have access to their child’s medical records—including mental health, rehabilitation, and prescription records—even when treatment occurs without prior parental consent. Because access to information is the minimum requirement for responsible parenting. Parents cannot monitor medication safety if they don’t know what was prescribed. They cannot identify dangerous interactions if they don’t know what treatments were provided. They cannot follow up on care if they don’t know what happened in the first place.

Some have suggested adding language that would allow providers to withhold records based on a belief that parental involvement could cause “psychological harm.” While that concern may sound reasonable, it introduces a dangerous level of subjectivity into the law.

Tennessee already has clear, legally defined protections for children in cases of abuse or neglect. In those situations, providers are required to report concerns, and records may be withheld to protect the child’s safety. Those safeguards are grounded in objective standards and legal oversight. A vague “psychological harm” exception, however, would allow a provider to exclude parents based on a personal or ideological judgment—with no clear definition and no due process. That is not a protection. It is a loophole. And it raises serious constitutional concerns. The U.S. Supreme Court has long recognized that parents have a fundamental right to direct the upbringing and care of their children. That right cannot be set aside based on subjective interpretation.

HB 853 restores clarity by ensuring that Tennessee law speaks with one voice: parents have the right to access their child’s medical records. It does not resolve every issue in this space. It does not answer every question about treatment authority. But it ensures that parents are no longer operating in the dark. And that is where we must start. Because parents cannot protect what they are not allowed to see.

Rep Michele Reneau

TN House District 27

HB853 passed Health subcommittee by a 5-2 vote and is on notice be heard in Health Full committee on 3/24/26.