Bill

Bill > H3638


SC H3638

Parental rights


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 63-5-340, Relating To Rights Of Minors Sixteen Years Or Older To Consent To Health Services Essential To Their Life Or Health, So As To Provide Parents Have The Fundamental Right To Direct The Upbringing, Education, And Care Of Their Minor Children, To Provide These Rights Extend To Healthcare Decisions Concerning The Minors And Access To Their Medical Records, And To Provide The State May Not Substantially Burden These Rights Except In Certain Circumstances; By Amending Section 63-5-350, Relating To Health Services That May Be Rendered To Minors Without Parental Consent, So As To Provide That Healthcare Providers Must Obtain Parental Consent Before Procuring, Providing, Or Rendering Healthcare For A Minor Except In Certain Circumstances, To Prohibit The Encouragement Or Coercion Of Minors To Withhold Information From A Parent About The Health Of The Child, To Provide Parents May Assert Provisions Of This Act As Claims Or Defenses In Certain Judicial Or Administrative Proceedings Subject To A Statute Of Limitations, To Provide Remedies, To Provide The Attorney General May Bring Actions To Enforce Provisions Of This Act, And To Define Necessary Terms, Among Other Things; And By Repealing Section 63-5-370 Relating To Consent Not Subject To Disaffirmance.

AI Summary

This bill strengthens parental rights in South Carolina by establishing that parents have a fundamental right to direct their minor children's healthcare, including making all healthcare decisions and accessing medical records. The legislation requires healthcare providers to obtain parental consent before treating a minor, with specific exemptions for emergencies, prehospital care, first aid, and prenatal/postnatal care for minors 14 and older. The bill prohibits encouraging or coercing minors to withhold medical information from their parents and allows parents to bring legal claims for violations, with potential compensatory damages up to $100,000 in certain circumstances. Parents can seek relief through judicial or administrative proceedings, and the Attorney General is empowered to enforce compliance. The state may only limit these parental rights if it can demonstrate a compelling state interest and uses the least restrictive means possible. Importantly, the bill does not authorize parental actions that would constitute child abuse or neglect, and it preserves existing protections for minors' safety and well-being.

Committee Categories

Health and Social Services

Sponsors (26)

Last Action

Member(s) request name added as sponsor: Chapman (on 04/09/2025)

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