summary
Introduced
04/19/2023
04/19/2023
In Committee
04/19/2023
04/19/2023
Crossed Over
Passed
Dead
05/09/2024
05/09/2024
Introduced Session
125th General Assembly
Bill Summary
A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS, TITLE 63, BY ADDING CHAPTER 23 SO AS TO ENACT THE PARENTAL BILL OF RIGHTS; BY ADDING SECTION 63-23-110 SO AS TO PROVIDE THAT PARENTS HAVE FUNDAMENTAL RIGHTS REGARDING THE UPBRINGING, EDUCATION, AND CARE OF THEIR CHILDREN; BY ADDING SECTION 63-23-120 SO AS TO DEFINE NECESSARY TERMS; BY ADDING SECTION 63-23-130 SO AS TO PROVIDE THAT THE GOVERNMENT CANNOT INFRINGE ON FUNDAMENTAL RIGHTS OF PARENTS WITHOUT A COMPELLING STATE INTEREST THAT IS NARROWLY TAILORED AND THAT CANNOT BE ACHIEVED BY A LESS INTRUSIVE MEANS; BY ADDING SECTION 63-23-140 SO AS TO PROVIDE FUNDAMENTAL RIGHTS OF PARENTS; BY ADDING SECTION 63-23-150 SO AS TO REQUIRE THAT SCHOOL DISTRICTS SHOULD CREATE PARENTAL INVOLVEMENT POLICIES; BY ADDING SECTION 63-23-160 SO AS TO PROHIBIT HEALTH CARE PROVIDERS FROM SOLICITING OR PROVIDING HEALTH CARE SERVICES TO CHILDREN WITHOUT WRITTEN PARENTAL CONSENT; BY ADDING SECTION 63-23-170 TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS CHAPTER SUPERSEDE ANY MATTER TO THE CONTRARY CONTAINED IN A STATE OF EMERGENCY; BY ADDING SECTION 63-23-180 TO PROVIDE FOR A CAUSE OF ACTION FOR VIOLATIONS OF THIS CHAPTER; AND BY AMENDING SECTION 63-5-340, RELATING TO A MINOR'S CONSENT TO HEALTH SERVICES, SO AS TO RAISE THE AGE AT WHICH A MINOR MAY CONSENT TO HEALTH SERVICES.
AI Summary
This bill, titled the "Parents Bill of Rights", aims to establish fundamental rights for parents regarding the upbringing, education, and care of their children in South Carolina. The key provisions include:
1. Defining parental rights as more comprehensive than those listed in the bill, unless legally waived or terminated, and prohibiting the state or other entities from limiting or denying these rights without demonstrating a compelling state interest.
2. Granting parents various rights, such as the right to direct their child's education and upbringing, access school and medical records, consent to certain activities and procedures, and be notified of suspected abuse or neglect.
3. Requiring school districts to develop parental involvement policies, including procedures for parents to object to educational materials or activities, withdraw their child from certain programs, and access information about their child's education.
4. Prohibiting healthcare providers from providing services to a child without written parental consent, except in medical emergencies or as otherwise provided by court order.
5. Ensuring the provisions of the bill supersede any conflicting temporary measures during a state of emergency.
6. Providing a cause of action for parents to seek injunctive relief and damages for violations of the bill's provisions.
Additionally, the bill raises the age at which a minor can consent to health services without parental consent from 16 to 18 years old.
Committee Categories
Military Affairs and Security
Sponsors (1)
Last Action
Senate FVS Select Subcommittee (00:00:00 5/10/2023 Gressette Room 207) (on 05/10/2023)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=0743&session=125&summary=B |
| BillText | https://www.scstatehouse.gov/sess125_2023-2024/prever/743_20230419.htm |
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