Bill > HB1397

This bill establishes a new legal provision in Hawaii that explicitly protects parental rights by affirming that each parent has the fundamental right to direct their child's upbringing, education, care, and welfare. The bill requires that any state or county department or agency seeking to create rules, regulations, or ordinances that might limit these parental rights must first demonstrate that such limitations are narrowly tailored to address a compelling governmental interest and use the least restrictive means possible. This means government entities cannot arbitrarily interfere with parental decision-making and must meet a high legal standard if they wish to implement policies that could impact how parents raise their children. The bill takes effect immediately upon approval and does not retroactively impact any rights, penalties, or legal proceedings that were already in progress before its enactment. This legislation appears designed to provide a strong legal framework protecting parental autonomy and limiting governmental intervention in family decision-making.

Housing and Urban Affairs

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1397&year=2026