Parental Consent Act of 2005

Parental Consent Act of 2005 - Prohibits Federal funds from being used to establish or implement any universal or mandatory mental health screening program.

Prohibits Federal education funds from being used to pay any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide consent to mental health screening as the basis of a charge of child abuse or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of such charge.

Defines universal or mandatory mental health screening as any mental health screening program in which a set of individuals is automatically screened without regard to whether there was a prior indication of a need for mental health treatment, including: (1) any program of State incentive grants to implement recommendations in the July 2003 report of the President's New Freedom Commission on Mental Health; and (2) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov