Delaware 151st General Assembly (2021-2022) Status: In Committee 12 R cosponsors

HB 319 — 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

  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 151st General Assembly (2021-2022). 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

There are presently at least 30 states that have a statute defining and protecting parental rights, or case law that interprets parental interests as a fundamental right. Delaware has neither. This proposal is the first leg of a constitutional amendment affirming that parents have a fundamental right to the care, custody and control of their children. The amendment contains two important protections with regard to government agencies asserting authority over children. The amendment would require government officials to prove that the proposed action was needed. If successful, government officials would be limited to taking the least intrusive means to accomplish their goal. This amendment would not shield neglectful or abusive parents, nor would it interfere with the obligation of government to protect the welfare of children. Since 2013, eight states have enacted laws defining and protecting parental rights. This measure shall be named the Parental Rights Protection Amendment.

Bill Text

Action History

  1. Introduced and Assigned to Administration Committee in House

Sponsors

Sponsorship breakdown

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4 sponsors · 10 co-sponsors · 48 not signed on

Sponsors (4)

Co-sponsors (10)

Not signed on (48)

48 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.

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Subjects

civil-rights education
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Frequently asked questions

What does HB 319 do?
There are presently at least 30 states that have a statute defining and protecting parental rights, or case law that interprets parental interests as a fundamental right. Delaware has neither. This proposal is the first leg of a constitutional amendment affirming that parents have a fundamental right to the care, custody and control of their children. The amendment contains two important protections with regard to government agencies asserting authority over children. The amendment would require government officials to prove that the proposed action was needed. If successful, government officials would be limited to taking the least intrusive means to accomplish their goal. This amendment would not shield neglectful or abusive parents, nor would it interfere with the obligation of government to protect the welfare of children. Since 2013, eight states have enacted laws defining and protecting parental rights. This measure shall be named the Parental Rights Protection Amendment.
Who sponsors HB 319?
HB 319 is sponsored by Charles S Postles Jr. (Republican), Dave G. Lawson (Republican), Brian Pettyjohn (Republican), Bryant L. Richardson (Republican), Gerald W. Hocker (Republican), David L. Wilson (Republican), Richard G. Collins (Republican), Timothy D. Dukes (Republican), Ronald E. Gray (Republican), Daniel B. Short (Republican), Bryan W. Shupe (Republican), Jesse R. Vanderwende (Republican), Ruth Briggs King, and Colin Bonini.
What is the current status of HB 319?
This bill died with 151st General Assembly (2021-2022). 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 319?
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