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SC H4691

SC H4691
Parental Rights and Responsibilities


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
05/09/2024

Introduced Session

125th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Adding Chapter 23 To Title 63 So As To Recognize That Parents Have The Ultimate Responsibility To Direct The Upbringing, Education, Health Care, And Mental Health Of Their Children; To Prohibit The State From Substantially Burdening Those Parental Rights And To Require The State To Obtain Parental Consent In Certain Circumstances; To Create A Cause Of Action For Violation Of The Chapter; And For Other Purposes.

AI Summary

This bill amends the South Carolina Code of Laws to recognize that parents have the ultimate responsibility to direct the upbringing, education, health care, and mental health of their children. It prohibits the state from substantially burdening those parental rights without demonstrating a compelling governmental interest and using the least restrictive means. The bill also requires parental consent for certain actions, such as medical procedures, prescription drugs, and mental health evaluations, with exceptions for emergencies or blanket consent. It allows parents to bring suit for violations and receive remedies like declaratory relief, damages, and attorney's fees. The bill does not apply to abuse, neglect, or end-of-life decisions, and it does not affect the regulation of abortion.

Committee Categories

Justice

Sponsors (27)

Last Action

Member(s) request name added as sponsor: S.Jones, White, Magnuson, Harris, Pace, T.Moore (on 02/28/2024)

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