DOYLE, Judge.
Parents United for Better Schools (PUBS) appeals an order of the Court of Common Pleas of Philadelphia County dismissing their complaint in equity for lack of standing.
On June 24, 1991, the Board of Education of the School District of Philadelphia adopted Policy 123 entitled Adolescent Sexuality (Policy 123). Policy 123 provides for the development of broad, abstinence-based curricula focused at preventing sexually transmitted diseases. The program includes a provision for the availability of condoms to students upon request at school-based health clinics.
On December 2, 1991, letters were mass-mailed to parents by the principals of the pilot schools of the program advising them of the availability of condoms to students as part of the “health services” program. Parents were informed that they were required to reply only if they did not wish for their child to participate in the program. Parents were asked to respond within two weeks. The condom distribution program began on December 17, 1991.
PUBS, a non-profit corporation, many of whose members have children who attend public high schools in Philadelphia, and seven individuals1 filed a complaint in equity on January 13, 1992, seeking injunctive and declaratory relief. PUBS alleged, among other things, that its right to affirmatively consent prior to the rendition of health or medical services at school is violated by the Policy 123 “opt-out” provision. That is, parents do not expressly consent to the distribution of condoms to their children, but their consent is presumed by a parent’s lack of response to the letter sent by the principals.
[465]*465The Board filed a motion for judgment on the pleadings which was denied. The case was listed for trial; the Board filed a motion for summary judgment, asserting that PUBS lacked standing to sue and, therefore, their complaint should be dismissed. The trial court granted the motion, and this appeal followed.2
PUBS argues that (1) the trial court erroneously found that they had failed to assert an adversely affected interest; and (2) erroneously failed to consider the organizational standing of PUBS when it held that PUBS had failed to allege an interest separate and distinct from the seven individually named plaintiffs.
The essential inquiry in determining the standing of a litigant is:
Have the [litigants] alleged such a personal stake in the outcome of the controversy as to assure the concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult ... questions.
Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 703, 7 L.Ed.2d 663 (1962). Taking guidance from federal interpretation of standing principles, our Supreme Court has outlinéd the factors which must be considered in William Penn Parking [466]*466Garage, Inc. v. City of Pittsburgh, 464 Pa. 168, 346 A.2d 269 (1975). First, the litigant must allege an interest which has been adversely affected; that is, has the party been harmed by the action which is challenged. Second, there must be a discernible adverse effect to some interest other than that shared by the public at large. Third, the adverse effect must be direct and immediate, and not remote in consequences. Id.
First, PUBS contends that the trial court erred in dismissing their complaint for lack of standing. We agree.
PUBS argues that Policy 123 improperly infringes on the common law parental right to expressly consent before medical treatment is administered to their minor children because the condom distribution program presumes consent by a parent’s silence (not sending in the “veto” form):
The requirements of prior parental consent (opt-in) and parental veto (opt-out) are functionally and procedurally different. Parental consent is more stringent, more protective of the rights at stake because it requires the entity seeking consent to wait until consent is affirmatively given. For example, if a parent does not act, consent is not given. Opt-out, on the other hand, allows the entity seeking approval to proceed until the parent actually vetoes their child’s participation. For example, if a parent does not act, consent is assumed.
PUBS Brief at 8.
The principle that parental consent must be secured before medical treatment provided is time honored and has been recognized by both the courts and the legislature.3 Generally, it is for the parent in the first instance to decide what is actually necessary for the protection and preservation of the life of his or her child. 59 Am.Jur.2d Parent and Child § 48 (1987); 67A C.J.S. Parent and Child § 11 (1978). Hence, medical personnel can be found liable for treating a child without the consent of the parent, even where the child [467]*467appears to have consented. See, e.g., Zaman v. Schultz, 19 D & C 309 (1933) (parents recovered damages because blood was taken from their minor child without their express consent).
The legislature also has recognized the principle of express prior parental consent. There are numerous statutes which forbid or punish certain activities that may endanger minors and, therefore, require prior parental consent. E.g., Section 6311 of the Crimes Code, 18 Pa.C.S. § 6311 (it is a misdemeanor to tattoo a minor without the prior consent of a parent).4
Parental consent is further recognized by the exceptions which have been carved out by the legislature, most notably the Minor’s Consent to Medical, Dental and Health Services, Act of February 13, 1970, P.L. 19, 35 P.S. §§ 10101-10105, which enumerates the specific circumstances where express parental consent is not necessary for the administration of medical treatment. See also Section 1 of the Act of December 9, 1969, P.L. 333, as amended, 35 P.S. § 10001 (a minor under the age of seventeen cannot donate blood without the prior consent of a parent); Section 12 of the Pennsylvania Drug and Alcohol Abuse Control Act, Act of April 14, 1972, P.L. 221, as amended, 71 P.S. § 1690.112 (parental consent is not necessary for the treatment of substance abuse); Section 14.1 of the Disease Prevention and Control Law of 1955, Act of April 23, 1956, P.L. (1955) 1510, as amended, 35 P.S. § 521.14a (no liability attaches for the treatment of a minor for venereal disease). Our review of these statutes leads us to the conclusion that the principle that a parent must consent to certain activities prior to the commencement of those activities, while not an absolute right or without limit, is nevertheless a recognized and substantial interest that can be protected.
[468]*468The Board argues that PUBS has failed to allege any interest that is not common to the public at large in that they are only attempting to protect a general right to “raise their children in the way in which they see fit.” We strongly disagree. PUBS has articulated a specific and substantial right which they perceive has been improperly limited by a specific action of the Board, viz. Policy 128. It is not relevant that it is an interest shared by all parents of Philadelphia schoolchildren.
Free access — add to your briefcase to read the full text and ask questions with AI
DOYLE, Judge.
Parents United for Better Schools (PUBS) appeals an order of the Court of Common Pleas of Philadelphia County dismissing their complaint in equity for lack of standing.
On June 24, 1991, the Board of Education of the School District of Philadelphia adopted Policy 123 entitled Adolescent Sexuality (Policy 123). Policy 123 provides for the development of broad, abstinence-based curricula focused at preventing sexually transmitted diseases. The program includes a provision for the availability of condoms to students upon request at school-based health clinics.
On December 2, 1991, letters were mass-mailed to parents by the principals of the pilot schools of the program advising them of the availability of condoms to students as part of the “health services” program. Parents were informed that they were required to reply only if they did not wish for their child to participate in the program. Parents were asked to respond within two weeks. The condom distribution program began on December 17, 1991.
PUBS, a non-profit corporation, many of whose members have children who attend public high schools in Philadelphia, and seven individuals1 filed a complaint in equity on January 13, 1992, seeking injunctive and declaratory relief. PUBS alleged, among other things, that its right to affirmatively consent prior to the rendition of health or medical services at school is violated by the Policy 123 “opt-out” provision. That is, parents do not expressly consent to the distribution of condoms to their children, but their consent is presumed by a parent’s lack of response to the letter sent by the principals.
[465]*465The Board filed a motion for judgment on the pleadings which was denied. The case was listed for trial; the Board filed a motion for summary judgment, asserting that PUBS lacked standing to sue and, therefore, their complaint should be dismissed. The trial court granted the motion, and this appeal followed.2
PUBS argues that (1) the trial court erroneously found that they had failed to assert an adversely affected interest; and (2) erroneously failed to consider the organizational standing of PUBS when it held that PUBS had failed to allege an interest separate and distinct from the seven individually named plaintiffs.
The essential inquiry in determining the standing of a litigant is:
Have the [litigants] alleged such a personal stake in the outcome of the controversy as to assure the concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult ... questions.
Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 703, 7 L.Ed.2d 663 (1962). Taking guidance from federal interpretation of standing principles, our Supreme Court has outlinéd the factors which must be considered in William Penn Parking [466]*466Garage, Inc. v. City of Pittsburgh, 464 Pa. 168, 346 A.2d 269 (1975). First, the litigant must allege an interest which has been adversely affected; that is, has the party been harmed by the action which is challenged. Second, there must be a discernible adverse effect to some interest other than that shared by the public at large. Third, the adverse effect must be direct and immediate, and not remote in consequences. Id.
First, PUBS contends that the trial court erred in dismissing their complaint for lack of standing. We agree.
PUBS argues that Policy 123 improperly infringes on the common law parental right to expressly consent before medical treatment is administered to their minor children because the condom distribution program presumes consent by a parent’s silence (not sending in the “veto” form):
The requirements of prior parental consent (opt-in) and parental veto (opt-out) are functionally and procedurally different. Parental consent is more stringent, more protective of the rights at stake because it requires the entity seeking consent to wait until consent is affirmatively given. For example, if a parent does not act, consent is not given. Opt-out, on the other hand, allows the entity seeking approval to proceed until the parent actually vetoes their child’s participation. For example, if a parent does not act, consent is assumed.
PUBS Brief at 8.
The principle that parental consent must be secured before medical treatment provided is time honored and has been recognized by both the courts and the legislature.3 Generally, it is for the parent in the first instance to decide what is actually necessary for the protection and preservation of the life of his or her child. 59 Am.Jur.2d Parent and Child § 48 (1987); 67A C.J.S. Parent and Child § 11 (1978). Hence, medical personnel can be found liable for treating a child without the consent of the parent, even where the child [467]*467appears to have consented. See, e.g., Zaman v. Schultz, 19 D & C 309 (1933) (parents recovered damages because blood was taken from their minor child without their express consent).
The legislature also has recognized the principle of express prior parental consent. There are numerous statutes which forbid or punish certain activities that may endanger minors and, therefore, require prior parental consent. E.g., Section 6311 of the Crimes Code, 18 Pa.C.S. § 6311 (it is a misdemeanor to tattoo a minor without the prior consent of a parent).4
Parental consent is further recognized by the exceptions which have been carved out by the legislature, most notably the Minor’s Consent to Medical, Dental and Health Services, Act of February 13, 1970, P.L. 19, 35 P.S. §§ 10101-10105, which enumerates the specific circumstances where express parental consent is not necessary for the administration of medical treatment. See also Section 1 of the Act of December 9, 1969, P.L. 333, as amended, 35 P.S. § 10001 (a minor under the age of seventeen cannot donate blood without the prior consent of a parent); Section 12 of the Pennsylvania Drug and Alcohol Abuse Control Act, Act of April 14, 1972, P.L. 221, as amended, 71 P.S. § 1690.112 (parental consent is not necessary for the treatment of substance abuse); Section 14.1 of the Disease Prevention and Control Law of 1955, Act of April 23, 1956, P.L. (1955) 1510, as amended, 35 P.S. § 521.14a (no liability attaches for the treatment of a minor for venereal disease). Our review of these statutes leads us to the conclusion that the principle that a parent must consent to certain activities prior to the commencement of those activities, while not an absolute right or without limit, is nevertheless a recognized and substantial interest that can be protected.
[468]*468The Board argues that PUBS has failed to allege any interest that is not common to the public at large in that they are only attempting to protect a general right to “raise their children in the way in which they see fit.” We strongly disagree. PUBS has articulated a specific and substantial right which they perceive has been improperly limited by a specific action of the Board, viz. Policy 128. It is not relevant that it is an interest shared by all parents of Philadelphia schoolchildren. As Justice Potter Stewart observed, “[t]o deny standing to persons who are in fact injured simply because many others are also injured, would mean that the most injurious and widespread Government actions could be questioned by nobody.” United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669, 688, 93 S.Ct. 2405, 2416, 37 L.Ed.2d 254 (1973) (cited with approval of by the Pennsylvania Supreme Court in William Penn Parking Garage).
Next, PUBS contends that the trial court erroneously held that PUBS could not have standing because its interests were identical to those asserted by the individually-named plaintiffs. An organization, such as PUBS, may have standing to commence an action on behalf of its members. Such representation is particularly appropriate where, as here, there are a large number of potential parties. Pittsburgh Trust for Cultural Resources v. Zoning Board of Adjustment, 145 Pa.Commonwealth Ct. 503, 604 A.2d 298 (1992). Thus, so long as an organization has at least one member who has or will suffer a direct, immediate, and substantial injury to an interest as a result of a challenged action, it has standing to sue. Id. PUBS asserts, and the Board does not challenge the fact, that many of its members are parents of children who attend Philadelphia public schools where Policy 123 has been implemented. Hence, PUBS as an organization is an appropriate entity to assert rights held by its individual members.
The trial court, however, improperly relied on our opinion in Consumer Education Protective Association International, Inc. v. Philadelphia Water Department Commissioner, 133 Pa.Commonwealth Ct. 148, 575 A.2d 160 (1990) (CEPA); [469]*469affd., 528 Pa. 600, 600 A.2d 189 (1992). We held in CEPA that the association, Consumer Education Protective Association, had standing to appeal a rate determination for water and sewage because some of its members were water customers. We also held that an individual water customer had standing to attack the same determination. Therefore, CEPA is contrary to the trial court’s position, and we can see no reason why PUBS should be excluded from representing the interests of its members whose children are Philadelphia public school students simply because its interests overlap with those of the individual plaintiffs.
In sum, PUBS has (1) identified a substantial interest, ie. prior express parental consent to medical treatment; (2) which interest is directly affected by the action of the Board; and (3) the consequences of the Board’s action affecting that interest are immediate. Accordingly, we hold that the trial court erred in dismissing PUBS complaint for lack of standing. The scope and boundaries of the injury alleged by PUBS and any privacy interests of the minors involved all relate to the merits of the case, and, of course, are not addressed here. We shall, therefore, remand this case to the trial court for proceedings on the merits.
ORDER
AND NOW, August 5, 1994, the order of the Court of Common Pleas of Philadelphia County is hereby reversed, and this matter is remanded for proceedings consistent with this opinion.
Jurisdiction relinquished.