Text of MO SB 948 (2026)

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE BILL NO. 948 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR BRATTIN. 5621S.01I KRISTINA MARTIN, Secretary AN ACT To repeal section 431.061, RSMo, and to enact in lieu thereof three new sections relating to parental rights. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 431.061, RSMo, is repealed and three 1 new sections enacted in lieu thereof, to be known as sections 2 1.340, 1.341, and 431.061, to read as follows: 3 1.340. 1. A parent has a fundamental liberty and 1 fundamental interest in the care, custody, and control of 2 such parent's child, including the right to direct the 3 upbringing, education, health care, and mental health of the 4 child free from government interference. 5 2. A governmental authority shall not restrict the 6 fundamental right of a parent to direct the upbringing, 7 education, health care, and mental health of that parent's 8 child, unless the governmental authority demonstrates that 9 application of the restriction to the parent and the child 10 is essential to further a compelling governmental interest 11 and is the least restrictive means of furthering that 12 compelling governmental interest. 13 3. As used in this section, "parent" means a natural 14 parent, a parent by adoption, or an individual who been 15 granted exclusive right and authority over the welfare of a 16 child under state law. 17 SB 948 2 4. As used in this section, "child" means any 18 unemancipated person who has not attained the age of 19 eighteen years. 20 5. This section applies to all state and local laws, 21 resolutions, and ordinances and to the implementation of 22 such laws, resolutions, and ordinances, whether statutory or 23 otherwise, and whether adopted before or after August 28, 24 2026. 25 6. Nothing in this section or section 1.341 shall be 26 construed as allowing any person to cause physical injury to 27 another person, to possess a weapon otherwise prohibited by 28 law, to fail to provide monetary support for a child, or to 29 fail to provide health care for a child suffering from a 30 life-threatening condition. 31 1.341. 1. All parental rights are exclusively 1 reserved to a parent of a child without obstruction by or 2 interference from this state, any political subdivision of 3 this state, any other governmental entity, or any other 4 institution, including without limitation, the following 5 rights and responsibilities: 6 (1) To direct the education of the child, including 7 the right to choose a public school, private school, 8 parochial school, parish school, home school, or family- 9 paced education school, and the right to make reasonable 10 choices within public schools for the education of the child; 11 (2) To access and review all written and electronic 12 educational records relating to the child that are 13 controlled by or in the possession of a school; 14 (3) To direct the upbringing of the child; 15 (4) To direct the moral or religious training of the 16 child; 17 SB 948 3 (5) To make and consent in writing to all physical and 18 mental health care decisions for the child; 19 (6) To access and review all health and medical 20 records of the child; 21 (7) To consent in writing before a biometric scan of 22 the child is made, shared, or stored; 23 (8) To consent in writing before any record of the 24 child's blood or deoxyribonucleic acid (DNA) is created, 25 stored, or shared, unless authorized pursuant to a court 26 order; 27 (9) To consent in writing before any governmental 28 authority makes a video or voice recording of the child, 29 unless the video or voice recording is made during or as a 30 part of: 31 (a) A court proceeding; 32 (b) A law enforcement investigation; 33 (c) A forensic interview in a criminal or department 34 of social services investigation; 35 (d) The security or surveillance of buildings or 36 grounds; or 37 (e) A photo identification card; 38 (10) To be notified promptly if any governmental 39 authority suspects that abuse, neglect, or any criminal 40 offense has been committed against the child, unless the 41 governmental authority reasonably believes that notifying 42 the parent is likely to endanger the life or physical safety 43 of the child; 44 (11) To opt the child out of any personal analysis, 45 evaluation, survey, or data collection by a school district 46 that would capture data for inclusion in the statewide 47 longitudinal student data system except what is necessary 48 SB 948 4 and essential for establishing a student's educational 49 record; 50 (12) The right to have the child excused from school 51 attendance for religious purposes; and 52 (13) The right to participate in parent-teacher 53 organizations and other school organizations that are 54 sanctioned by the board of education of a school district. 55 2. Except for law enforcement personnel, a 56 governmental authority shall not encourage or coerce a child 57 to withhold information from the child's parent; nor shall a 58 governmental authority withhold from a child's parent 59 information that is relevant to the physical, emotional, or 60 mental health of the child. 61 3. A parent who believes his or her rights have been 62 violated under this section or section 1.340 may assert that 63 violation as a claim or defense in a judicial or 64 administrative proceeding, regardless of whether the 65 government is a party to the proceeding, and obtain 66 appropriate relief against the government, including 67 declaratory relief, injunctive relief, compensatory damages, 68 and reasonable attorney's fees and costs. 69 431.061. 1. In addition to such other persons as may 1 be so authorized and empowered, any one of the following 2 persons if otherwise competent to contract, is authorized 3 and empowered to consent, either orally or otherwise, to any 4 surgical, medical, or other treatment or procedures, 5 including immunizations, not prohibited by law: 6 (1) Any adult eighteen years of age or older for 7 himself; 8 (2) Any parent for his minor child in his legal 9 custody; 10 SB 948 5 (3) Any minor who has been lawfully married and any 11 minor parent or legal custodian of a child for himself, his 12 child and any child in his legal custody; 13 (4) Any minor for [himself] herself in case of[: 14 (a) Pregnancy, but excluding abortions; 15 (b) Venereal disease; 16 (c) Drug or substance abuse including those referred 17 to in chapter 195] pregnancy, but excluding abortions; 18 (5) Any adult standing in loco parentis, whether 19 serving formally or not, for his minor charge in case of 20 emergency as defined in section 431.063; 21 (6) Any guardian of the person for his ward; 22 (7) Any relative caregiver of a minor child as 23 provided for under section 431.058. 24 2. The provisions of sections 431.061 and 431.063 25 shall be liberally construed, and all relationships set 26 forth in subsection 1 of this section shall include the 27 adoptive and step-relationship as well as the natural 28 relationship and the relationship by the half blood as well 29 as by the whole blood. 30 3. A consent by one person so authorized and empowered 31 shall be sufficient notwithstanding that there are other 32 persons so authorized and empowered or that such other 33 persons shall refuse or decline to consent or shall protest 34 against the proposed surgical, medical or other treatment or 35 procedures. 36 4. Any person acting in good faith and not having been 37 put on notice to the contrary shall be justified in relying 38 on the representations of any person purporting to give such 39 consent, including, but not limited to, his identity, his 40 SB 948 6 age, his marital status, and his relationship to any other 41 person for whom the consent is purportedly given. 42 ✓