Text of IN SB 46 (2024)

Introduced Version SENATE BILL No. 46 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 31-42. Synopsis: Parental rights. Provides that a governmental entity may not substantially burden certain parental rights unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering the governmental interest. Prohibits a governmental entity from: (1) advising, directing, or coercing a child to withhold certain information from the child's parent; or (2) denying a child's parent access to certain information. Allows a parent to bring an action against a governmental entity for certain violations and provides for certain relief. Specifies that the parent of a child does not have a right to access certain medical care on behalf of the child if the child does not have an affirmative right of access to such medical care. Effective: July 1, 2024. Brown L January 8, 2024, read first time and referred to Committee on Judiciary. 2024 IN 46—LS 6264/DI 149 Introduced Second Regular Session of the 123rd General Assembly (2024) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2023 Regular Session of the General Assembly. SENATE BILL No. 46 A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 31-42 IS ADDED TO THE INDIANA CODE AS 2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 3 2024]: 4 ARTICLE 42. PARENTAL RIGHTS AND 5 RESPONSIBILITIES 6 Chapter 1. Definitions 7 Sec. 1. Except as otherwise provided, the definitions in this 8 chapter apply throughout this article. 9 Sec. 2. "Child" means an unemancipated individual who is less 10 than eighteen (18) years of age. 11 Sec. 3. "Governmental entity" has the meaning set forth in 12 IC 34-13-9-6. 13 Sec. 4. "Health care" has the meaning set forth in IC 16-36-1-1. 14 Sec. 5. "Parent" has the meaning set forth in IC 20-18-2-13. 15 Chapter 2. Rights of Parents 16 Sec. 1. This chapter applies to all statutes enacted by the general 17 assembly unless a statute is exempted by reference to a specific 2024 IN 46—LS 6264/DI 149 2 1 statute within this chapter. 2 Sec. 2. A governmental entity may not substantially burden a 3 parent's fundamental right to direct the: 4 (1) upbringing; 5 (2) religious instruction; 6 (3) education; or 7 (4) health care; 8 of the parent's child, unless the burden is in furtherance of a 9 compelling governmental interest and is the least restrictive means 10 of furthering the governmental interest. 11 Sec. 3. (a) A governmental entity or an employee of a 12 governmental entity may not: 13 (1) advise, direct, or coerce a child to withhold information 14 from the child's parent; or 15 (2) deny a child's parent access to information that: 16 (A) is in the control of the governmental entity; 17 (B) is requested by the child's parent; and 18 (C) relates to the child's health care or social, emotional, 19 and behavioral well-being. 20 (b) This section does not apply if: 21 (1) the parent's access to the requested information is 22 prohibited by a court order; or 23 (2) a law enforcement officer requests that the information 24 not be released because the parent is subject to an 25 investigation related to the child. 26 Sec. 4. (a) Notwithstanding IC 34-13-3-3(a)(8), a parent may 27 bring suit against a governmental entity for a violation of this 28 chapter. 29 (b) A parent may raise this chapter as a defense in a judicial or 30 administrative proceeding brought against the parent by a 31 governmental entity or a private entity. 32 (c) A governmental entity that is a party to a civil judicial or 33 administrative proceeding under this chapter has the burden of 34 proof to demonstrate by clear and convincing evidence that it did 35 not violate section 2 or 3 of this chapter. 36 Sec. 5. Relief against the governmental entity may include any 37 of the following: 38 (1) Declaratory relief or injunctive relief. 39 (2) Compensatory damages. 40 (3) Reasonable attorney's fees and costs. 41 Sec. 6. This chapter does not authorize a parent to commit child 42 abuse or neglect as defined in IC 31-9-2-14. This chapter does not 2024 IN 46—LS 6264/DI 149 3 1 apply to an act or omission by a parent to end the life of a child. 2 This chapter does not prohibit a court from issuing an order that 3 is otherwise permitted by law. 4 Sec. 7. If a child does not have an affirmative right of access to 5 a specific medical treatment, service, or procedure, then this 6 chapter may not be construed to grant the parent a right to access 7 that medical treatment, service, or procedure on behalf of the 8 parent's child. 2024 IN 46—LS 6264/DI 149