SB 1443 — parental rights; compensatory damages

11.

The right to obtain information about a child safety services investigation involving the parent pursuant to section 8-807.

B.

This section does not authorize or allow a parent to engage in conduct that is unlawful or to abuse or neglect a child in violation of the laws of this state.

This section does not prohibit courts, law enforcement officers or employees of a government agency responsible for child welfare from acting in their official capacity within the scope of their authority.

This section does not prohibit a court from issuing an order that is otherwise allowed by law.

C.

Any attempt to encourage or coerce a minor child to withhold information from the child's parent is grounds for discipline of an employee of this state, any political subdivision of this state, any other governmental entity or any other institution, except for law enforcement personnel.

D.

Unless those rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those listed in this section.

This chapter does not prescribe all rights of parents or preempt or foreclose claims or remedies in support of parental rights that are available under the constitution, statutes or common law of this state.

Unless otherwise required by law, the rights of parents of minor children shall not be limited or denied.

E.

Except as prescribed in subsections F and G 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.

A parent may bring suit against a governmental entity or official described in this subsection based on any violation of the statutory rights set forth in this chapter or any other action that interferes with or usurps the fundamental right of parents to direct the upbringing, education, health care and mental health of their children in the superior court in the county in which the violation or other action occurs or in federal court, if authorized by federal law, or before an administrative tribunal of appropriate jurisdiction.

A parent may raise a violation of this chapter as a claim or a defense.

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1443 F.

In any action under subsection E of this section, the governmental entity or official described in subsection E of this section has the burden of proof to demonstrate both of the following:

1.

That the interference or usurpation is essential to accomplish a compelling government interest of the highest order, as long recognized in the history and traditions of this state in the operation of its regulatory powers.

2.

That the method of interference or usurpation used by the government is narrowly tailored and is not otherwise served by a less restrictive means.

G.

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 demonstrates both elements described in subsection F of this section.

If the governmental entity or official is unsuccessful, the court shall grant appropriate relief, such as declaratory or injunctive relief, compensatory damages and attorney fees, based on the facts of the case and the law as applied to the facts.

IF THE COURT AWARDS COMPENSATORY DAMAGES PURSUANT TO THIS SUBSECTION, THE TOTAL AMOUNT OF THE COMPENSATORY DAMAGES AWARD SHALL BE AT LEAST $2,500 FOR EACH VIOLATION OF THIS CHAPTER.

H.

For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor child.

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