MO SJR38

Proposed constitutional amendment (Section 36, Article I) would establish parental rights as fundamental, granting parents exclusive control over minor children's custody, upbringing, education, religious instruction, discipline, health care, and residence

Government entities would be required to obtain explicit parental permission before collecting information from minors about the child or family members, or sharing such information, except for criminal investigations or academic purposes

Parents would have the right to choose any educational setting including public, private, parochial, or home school, though the amendment does not require government funding for nonpublic education

Government interference with parental rights would only be permitted in limited circumstances: temporary protection from clear physical threat, court findings of abuse/neglect/endangerment by clear and convincing evidence, parental incapacity, child emancipation, or criminal proceedings

Parents could sue government entities for constitutional violations, with courts prohibited from presuming constitutionality of challenged laws and required to award damages and attorney's fees for unjustified infringements