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MO HJR99

Joint Resolution

Status

Introduced

2/24/2016

Primary Sponsor

Eric Burlison

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Adds Section 36 to Article I of the Missouri Constitution establishing parental rights as fundamental, including exclusive control over custody, upbringing, education, religious instruction, discipline, health care, and place of habitation for minor children

  • Requires government entities to obtain explicit parental permission before collecting information from minor children about the child or family members, or sharing such data with third parties outside criminal investigations

  • Protects parental choice in education including public, private, parochial, or home school settings, while clarifying no requirement for government funding of nonpublic education

  • Limits government interference with parental rights to specific circumstances: temporary protection from immediate physical harm, court findings of abuse/neglect by clear and convincing evidence, parental incapacity, child emancipation, juvenile criminal proceedings, or custody reassignment

  • Allows parents to sue government entities for violations of these rights, with courts required to award damages and attorney's fees for unjustified infringements, and prohibits courts from presuming constitutionality of challenged government actions

Legislative Description

Proposes a constitutional amendment relating to parental rights

Last Action

Referred: Children and Families(H)

5/13/2016

Committee Referrals

Children And Families5/13/2016

Full Bill Text

No bill text available