DE HB319

Proposes a constitutional amendment adding § 21 to Article I of the Delaware Constitution establishing parental rights as a fundamental right residing first in the parent.

Defines "parent" as the natural or adoptive parent or legal guardian of a minor child.

Requires the state and its agencies to demonstrate a compelling governmental interest addressed by the least restrictive means before infringing on parental rights to care, custody, and control of their child.

Applies the parental rights protections retroactively to all existing statutes, ordinances, regulations, and policies regardless of when they were adopted or became effective.

Includes safeguards preserving government authority to prohibit child abuse or neglect and allowing courts, law-enforcement, and child welfare agencies to act within their official capacity.