summary
Introduced
02/12/2025
02/12/2025
In Committee
03/18/2025
03/18/2025
Crossed Over
03/07/2025
03/07/2025
Passed
04/03/2025
04/03/2025
Dead
Signed/Enacted/Adopted
04/12/2025
04/12/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §49-12-1, §49-12-2, §49-12-3, §49-12-4, and §49-12-5 all relating to the Parents' Bill of Rights; creating a short title; providing legislative findings; creating definitions; creating a standard of review; clarifying parental rights; creating a defense; providing for certain injunctive relief; providing applicability; and providing certain limitations
AI Summary
This bill establishes a Parents' Bill of Rights in West Virginia, affirming that parents have fundamental rights in directing their minor children's upbringing, education, healthcare, and moral training. The bill defines a "parent" as a natural, adoptive parent, or legal guardian, and declares that the state cannot infringe on these parental rights without demonstrating a compelling state interest and using the least restrictive means possible. Specifically, parents are guaranteed rights including directing their child's education, choosing schooling options, accessing school records, making healthcare decisions, and pursuing religious or moral training. The legislation provides legal protections, allowing parents to raise these rights as a defense in court and seek injunctive relief if they believe their rights have been violated. The bill explicitly does not authorize unlawful conduct, child abuse, or actions that would end a life, and it does not prevent appropriate intervention by child welfare authorities or courts. The law will apply to existing and future state and local laws, going into effect 90 days after passage, and aims to ensure parents have comprehensive oversight and involvement in their children's lives across educational, medical, and personal development domains.
Committee Categories
Justice
Sponsors (9)
Jim Butler (R)*,
Henry Dillon (R),
Joe Funkhouser (R),
Scot Heckert (R),
Chuck Horst (R),
Laura Kimble (R),
Larry Kump (R),
Jonathan Pinson (R),
Bill Ridenour (R),
Last Action
Approved by Governor 4/14/2025 - House Journal (on 04/12/2025)
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