HB 2249 — parents' bill of rights; remedies

Senate Engrossed House BillEngrossed parents' bill of rights;

A SCHOOL DISTRICT OR SCHOOL EMPLOYEE MAY NOT FACILITATE OR IMPLEMENT ANY FORM OF SOCIAL TRANSITIONING FOR A MINOR CHILD WITHOUT THE WRITTEN CONSENT OF EACH OF THE PARENTS OF THE MINOR CHILD.

THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE, A GOVERNMENTAL ENTITY OR AN INSTITUTION MAY NOT MAINTAIN A -POLICY 2THAT -ALLOWS H.B.AN EMPLOYEE TO FACILITATE, ENCOURAGE OR COERCE A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'S PARENT.

2249- POLICY2 THAT- ALLOWSH.B. AN EMPLOYEE TO FACILITATE, ENCOURAGE OR COERCE A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'S PARENT.

2249 D.

Except as prescribed in subsections F and G H of this section, this state, a political subdivision of this state or any other governmental entity, or any official of this state, a political subdivision of this state or any other governmental entity acting under color of law, shall not interfere with or usurp the fundamental right of parents to direct the upbringing, education, health care and mental health of their children.

IN ANY ACTION BROUGHT UNDER THIS SECTION, A SHOWING OF A VIOLATION OF THE RIGHTS GUARANTEED OR RECOGNIZED BY THIS SECTION ESTABLISHES A REBUTTABLE PRESUMPTION OF IRREPARABLE HARM.

THISA STATE,governmental ANYentity POLITICALor SUBDIVISIONofficial OFdescribed THISin STATEsubsection ORE ANYof OFFICIALthis ACTINGsection UNDERmay COLORinterfere OFwith LAWor EXPRESSLYusurp WAIVESthe ALLfundamental CLAIMSright TOof SOVEREIGN,parents QUALIFIEDto ORdirect DISCRETIONARYthe IMMUNITYupbringing, FOReducation, ANYhealth VIOLATIONcare OFand THISmental SECTION.health of their children only if the governmental entity or official successfully demonstrates both elements described in subsection F of this section.

G.

H.

A governmental entity or official described in subsection E of this section may interfere with or usurp the fundamental right of parents to direct the upbringing, education, health care and mental health of their children only if the governmental entity or official successfully - 3 - H.B.

2249 demonstrates both elements described in subsection F of this section.

AT A MINIMUM, THE GOVERNMENTAL ENTITY IS LIABLE TO THE MINOR CHILD'S PARENT IN AN AMOUNT OF $500,000 FOR EACH INSTANCE OF INTERFERING WITH OR USURPING A FUNDAMENTAL RIGHT, AND A GOVERNMENT OFFICIAL IS PERSONALLY LIABLE TO THE MINOR CHILD'S PARENT IN AN AMOUNT OF $20,000 FOR EACH SEPARATE INSTANCE OF INTERFERING WITH OR USURPING A FUNDAMENTAL RIGHT.

A GOVERNMENTAL ENTITY THAT EMPLOYS THE OFFICIAL- MAY3 NOT- INDEMNIFYH.B. AN OFFENDING OFFICIAL AND MAY NOT USE PUBLIC MONIES TO PAY FOR THE OFFICIAL'S LIABILITY.

THE2249 RIGHTOFFICIAL TOMAY SUENOT BELONGSINDEMNIFY INDIVIDUALLYAN TOOFFENDING EACHOFFICIAL OF THE MINOR CHILD'S PARENTS, AND ONE PARENT MAY FILENOT SUITUSE EVENPUBLIC IFMONIES THETO MINORPAY CHILD'SFOR OTHER PARENT DOES NOT CONSENT TO THE ACTION.OFFICIAL'S LIABILITY.

I.THE RIGHT TO SUE BELONGS INDIVIDUALLY TO EACH OF THE MINOR CHILD'S PARENTS AND ONE PARENT MAY FILE SUIT EVEN IF THE MINOR CHILD'S OTHER PARENT DOES NOT CONSENT TO THE ACTION.

INH. ADDITION TO SUBSECTION H OF THIS SECTION, A MINOR CHILD'S PARENT MAY BRING SUIT AGAINST AN EMPLOYEE WHO HAS OR WHO HAS ATTEMPTED TO FACILITATE, ENCOURAGE OR COERCE A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'S PARENT.

ATIN AADDITION MINIMUM,TO ANSUBSECTION EMPLOYEEG WHO IS FOUND LIABLE IS PERSONALLY LIABLE IN AN AMOUNT OF $20,000THIS FORSECTION, EACHA INSTANCE IN WHICH INFORMATION WAS WITHHELD FROM THE MINOR CHILD'S PARENT,PARENT ANDMAY ABRING GOVERNMENTALSUIT ENTITYAGAINST THATAN EMPLOYSEMPLOYEE THEWHO EMPLOYEEHAS MAYOR NOTWHO INDEMNIFYHAS ANATTEMPTED OFFENDINGTO EMPLOYEEFACILITATE, ANDENCOURAGE MAYOR NOTCOERCE USEA PUBLICMINOR MONIESCHILD TO PAYWITHHOLD FORINFORMATION FROM THE EMPLOYEE'SMINOR LIABILITY.CHILD'S PARENT.

AT A MINIMUM, AN EMPLOYEE WHO IS FOUND LIABLE IS PERSONALLY LIABLE IN AN AMOUNT OF $20,000 AND A GOVERNMENTAL ENTITY THAT EMPLOYS THE EMPLOYEE MAY NOT INDEMNIFY AN OFFENDING EMPLOYEE AND MAY NOT USE PUBLIC MONIES TO PAY FOR THE EMPLOYEE'S LIABILITY.

AT A MINIMUM, THE GOVERNMENTAL ENTITY OR INSTITUTION THAT MAINTAINED THE POLICY IS LIABLE TO THE MINOR CHILD'S PARENT FOR $500,000 FOR EACH INSTANCEOCCURRENCE INWHERE WHICH INFORMATION WAS WITHHELD FROM THE MINOR CHILD'S PARENT.

THE RIGHT TO SUE BELONGS INDIVIDUALLY TO EACH OF THE MINOR CHILD'S PARENTS,PARENTS AND ONE PARENT MAY FILE SUIT EVEN IF THE MINOR CHILD'S OTHER PARENT DOES NOT CONSENT TO THE ACTION.

J.I.

-3. 4 - H.B.

2249 3.

AJ. CAUSE OF ACTION ACCRUES SEPARATELY FOR EACH INSTANCE OF FACILITATING, ENCOURAGING OR COERCING A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'S PARENT.

FAILINGWITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO ABIDETHIS BYSECTION, THIS STATE, A PARENT'SPOLITICAL EXPRESSSUBDIVISION REQUESTOF THIS STATE OR HIDINGA THEGOVERNMENTAL ISSUEENTITY FROMOR INSTITUTION, INCLUDING AN EDUCATIONAL INSTITUTION, OR AN EMPLOYEE OF THIS STATE, A PARENTPOLITICAL CONSTITUTESSUBDIVISION OF THIS STATE OR A SEPARATEGOVERNMENTAL VIOLATIONENTITY OR INSTITUTION THAT TRIGGERSFACILITATED, ENCOURAGED OR COERCED, OR ATTEMPTED TO FACILITATE, ENCOURAGE OR COERCE, A NEWMINOR ACCRUALCHILD DATE,TO REGARDLESSWITHHOLD OFINFORMATION WHENFROM THE MINOR CHILD'S PARENT FIRSTBEFORE SUSPECTEDTHE AEFFECTIVE SOCIALDATE TRANSITIONOF WASTHIS OCCURRING.AMENDMENT TO THIS SECTION SHALL DISCLOSE THE OFFENDING ACTION TO THE MINOR CHILD'S PARENT.

K.THIS STATE, A POLITICAL SUBDIVISION OF THIS - 4 - H.B.

WITHIN2249 SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION, THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION, INCLUDING AN EDUCATIONAL INSTITUTION, HAS AN AFFIRMATIVE DUTY TO INVESTIGATE AND DISCOVER ALL PREVIOUS INSTANCES IN WHICH IT OR AN EMPLOYEE OF THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION FACILITATED,IS ENCOURAGEDCIVILLY ORLIABLE COERCED, OR ATTEMPTED TO FACILITATE,THE ENCOURAGEPARENT OROF COERCE, A MINOR CHILD TOFOR WITHHOLDANY INFORMATIONVIOLATION FROMTHAT THEWAS MINORNOT CHILD'SDISCLOSED PARENTPURSUANT BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION.SUBSECTION.

THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION, INCLUDING AN EDUCATIONAL INSTITUTION, ORIS ANLIABLE EMPLOYEE OF THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION WHO FACILITATED, ENCOURAGED OR COERCED, OR ATTEMPTED TO FACILITATE, ENCOURAGE OR COERCE, A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'S PARENT BEFOREFOR THEAT EFFECTIVELEAST DATE$500,000 OFFOR THISEACH AMENDMENTSEPARATE TOACT THISTHAT SECTIONWAS SHALLNOT DISCLOSEDISCLOSED ANY KNOWN OFFENDING ACTION TO THE MINOR CHILD'S PARENT.

THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION, INCLUDING AN EDUCATIONAL INSTITUTION, OR AN EMPLOYEE OF THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION IS CIVILLYPERSONALLY LIABLE TO THE MINOR CHILD'S PARENT OFFOR AAT MINORLEAST CHILD$20,000 FOR ANYEACH VIOLATIONSEPARATE ACT THAT WAS NOT DISCLOSED PURSUANT TO THIS SUBSECTION IF THE VIOLATIONMINOR WASCHILD'S ACTUALLYPARENT. KNOWN OR WOULD HAVE BEEN DISCOVERED WITH REASONABLE DILIGENCE AND INVESTIGATION.

THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION, INCLUDING AN EDUCATIONAL INSTITUTION, IS LIABLE TO THE MINOR CHILD'S PARENT FOR AT LEAST $500,000 FOR EACH INSTANCE THAT WAS NOT DISCLOSED TO THE MINOR CHILD'S PARENT.

AN EMPLOYEE OF THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION IS PERSONALLY LIABLE TO THE MINOR CHILD'S PARENT FOR AT LEAST $20,000 FOR EACH INSTANCE THAT WAS NOT DISCLOSED TO THE MINOR CHILD'S PARENT.

L.K.

"DISTINCT ACT OR OMISSION" MEANS AN ACT OR OMISSION THAT DIFFERS FROM ANOTHER ACT OR OMISSION IN ONE OF THE FOLLOWING WAYS:

- 5 - H.B.

2249 (a) THE GOVERNMENTAL ENTITY OR OFFICIAL WHO PERFORMED OR DIRECTED THE ACT OR OMISSION IS DIFFERENT.

(b) THE SPECIFIC FUNDAMENTAL RIGHT THAT IS INVOLVED IS DIFFERENT.

(c) THE OCCASION OR EPISODE DURING WHICH THE ACT OR OMISSION OCCURRED IS DIFFERENT AND THERE IS NOT A SINGLE, CONTINUOUS, UNINTERRUPTED EXERCISE OF AUTHORITY.

(d) THE ACT OR OMISSION OCCURRED AFTER THE GOVERNMENTAL ENTITY OR OFFICIAL RECEIVED ACTUAL OR CONSTRUCTIVE NOTICE, WHETHER THROUGH A WRITTEN DEMAND, A PREVIOUS COURT ORDER OR AN EXPRESS ORAL OR WRITTEN OBJECTION FROM THE MINOR CHILD'S PARENT.

2.