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Parental Rights Protection Act

Updated: Apr 25, 2020

More and more we are hearing about the government, related entity, or others acting on the behalf of, in some capacity interfering with the Rights of Parents be it in education, medical, religious, etc. Enough is Enough and Senator Stephen West (R) has introduced a bill to protect parental rights, SB 116. SB 116 is a rather short but straightforward bill and so we are going to include the entire text below.

Call the Legislative Hotline at 502-564-8100 or 1-800-372-7181 and tell your Senator and all Senate Leadership you want parental rights protected and SB 116 passed.

This bill has not yet been assigned to committee.

AN ACT relating to the rights of parents. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

SECTION 1. A NEW SECTION OF KRS CHAPTER 405 IS CREATED TO READ AS FOLLOWS: The General Assembly finds that the general welfare and material well-being of the citizens of the Commonwealth is dependent upon a clear understanding of parental rights. Unless rights have been legally waived or legally terminated, parents have inalienable rights that are honored and upheld under the Constitution, statutes, or laws of the Commonwealth.

SECTION 2. A NEW SECTION OF KRS CHAPTER 405 IS CREATED TO READ AS FOLLOWS: (1) As used in this section, "parent" means the biological or adoptive mother or father of a child.

(2) A parent shall have certain unalienable rights, including but not limited to the right to:

(a) Direct the education of the minor child;

(b) Access and review all school records relating to the minor child;

(c) Direct the upbringing of the minor child;

(d) Direct the moral or religious training of the minor child;

(e) Make and consent in writing to all physical and mental healthcare decisions for the minor child;

(f) Access and review all medical records of the minor child, unless the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement official requests that the information not be released;

(g) Consent in writing before a biometric scan of the minor child is made, shared, or stored;

(h) Consent in writing before any record of the minor child’s blood or deoxyribonucleic acid is created, stored, or shared, unless authorized pursuant to a court order or an ongoing criminal investigation;

(i) Consent in writing before any governmental entity makes a video or voice recording of the minor child, unless the video or voice recording is made during or as a part of a court proceeding, by law enforcement officers during or as part of a law enforcement investigation, during or as part of a forensic interview in a criminal or Cabinet for Health and Family Services investigation, or to be used solely for any of the following:

  1. Safety demonstrations, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles;

  2. A purpose related to a legitimate academic or extracurricular activity;

  3. A purpose related to regular classroom instruction;

  4. Security or surveillance of buildings or grounds; and

  5. A photo identification card; and

(j) Be notified promptly if an employee of the Commonwealth or any political subdivision of the Commonwealth, any other governmental entity, or any other institution suspects that a criminal offense has been committed against the minor child by someone other than a parent, unless the incident has first been reported to law enforcement and notification of the parent would impede a law enforcement or Cabinet for Health and Family Services investigation.

(3) This section does not authorize or allow a parent to abuse or neglect a child as described in KRS 600.020(1). This section does not prohibit a court from issuing an order that is otherwise permitted by law.

(4) If any court of appropriate jurisdiction has reason to review this section or Section 1 of this Act, the court shall apply the judicial review standard of strict scrutiny.

Section 3. This Act shall be known and may be cited as the Parents Rights Protection Act.

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