Bill > SB113

This bill adds a new section to South Dakota law that establishes parental rights as a fundamental right, specifically stating that a parent's liberty to nurture, care for, and control their child is a protected constitutional-level interest. The bill stipulates that any state or local government agency or official can only limit or interfere with these parental rights if they can demonstrate a compelling governmental interest and do so using the least restrictive legal means possible. Importantly, the bill includes a specific caveat that these new protections cannot be used to challenge legal proceedings related to child welfare (Chapter 26-7A) or child protection (Chapter 26-8A). This means that while parents have strong rights, those rights do not supersede the state's ability to intervene in cases of child abuse, neglect, or other serious child welfare concerns. The bill appears designed to prevent unnecessary governmental interference in family decision-making while preserving critical child protection mechanisms.

Government Affairs

https://sdlegislature.gov/#/Session/Bill/25805