Delaware 149th General Assembly (2017-2018) Status: In Committee Bipartisan · 12 R · 1 D cosponsors

HB 448 — AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PARENTAL RIGHTS.

Last action — Introduced and Assigned to Administration Committee in House

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This act is the first leg of a constitutional amendment that protects parental rights.

Bill Text

How this bill changes current law

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This bill proposes a constitutional amendment that establishes and protects parental rights in Delaware.

  • Article I

    § 21. Parental Rights (a) The right of a parent to the care, custody and control of their child is a fundamental right that resides first in the parent. (b) As used in this article, “parent” means the natural or adoptive parent or legal guardian of a minor child. (c) Neither the state, nor any agency of the state, nor any political subdivision of the state, shall infringe on the parental right as provided under this article without demonstrating that the interest of the government as applied to the parent or child is a compelling interest addressed by the least restrictive means. (d) The provisions of this article shall apply to any statute, ordinance, regulation, or policy regardless of the date on which the statute, ordinance, regulation, or policy was adopted or became effective. (e) Nothing in this article shall be construed to authorize a parent to engage in any unlawful conduct, abuse, or neglect of a child in violation of the laws of this state or any political subdivision of the state. (f) Nothing in this article shall be construed to prohibit a court, law-enforcement officer, or employee of an agency which provides child welfare services from acting in their official capacity within the scope of their authority.

    This addition establishes parental rights as fundamental and limits state interference.

Action History

  1. Introduced and Assigned to Administration Committee in House

Sponsors

Sponsorship breakdown

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5 sponsors · 16 co-sponsors · 41 not signed on

Not signed on (41)

41 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does HB 448 do?
This act is the first leg of a constitutional amendment that protects parental rights.
Who sponsors HB 448?
HB 448 is sponsored by William J. Carson (Democratic), Charles S Postles Jr. (Republican), Daniel B. Short (Republican), Gerald W. Hocker (Republican), Dave G. Lawson (Republican), Brian Pettyjohn (Republican), Richard G. Collins (Republican), Timothy D. Dukes (Republican), Ronald E. Gray (Republican), Kevin S Hensley (Republican), Jeffrey N. Spiegelman (Republican), David L. Wilson (Republican), Lyndon D. Yearick (Republican), Stephen Smyk, Michael Ramone, William R. Outten, Joseph E. Miro, Harvey R. Kenton, Ruth Briggs King, F. Gary Simpson, and Deborah Hudson.
What is the current status of HB 448?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 448?
Track HB 448 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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