1.1 A bill for an act
1.2 relating to families;
creating a parent's bill of rights;proposing coding for new law
1.3 in Minnesota Statutes,
chapter 260C.
1.4 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [260C.009]
PARENT'S BILL OF RIGHTS.
1.6 Subdivision
1.Short title. This act is known as the "Parent's Bill of
Rights."
1.7 Subd.
2.Definitions. For purposes of this act, the following terms have
the meanings
1.8 given, unless the
context otherwise requires:
1.9 (1) "minor
child" means a person 17 years of age or younger; and
1.10 (2) "parent"
means the natural or adoptive parent or legal guardian of a minor child.
1.11 Subd. 3.Parental
rights reserved. (a) This state, any political subdivision of this
state,
1.12 or any other
governmental entity or institution granted authority to act on behalf of the
state
1.13 shall not infringe on
the fundamental right of a parent to direct the upbringing, education,
1.14 and physical and mental
health care of the parent's minor child. All parental rights are
1.15 reserved to a parent of
a minor child without obstruction or interference from this state, any
1.16 political subdivision of
this state, or any other governmental entity or institution, including
1.17 but not limited to the
right to:
1.18 (1) direct the education
of the minor child, whether it be public, charter, private, or home
1.19 education;
1.20 (2) access, review, and
oversee the privacy of all school records relating to the minor
1.21 child;
2.1 (3) direct the
upbringing of the minor child;
2.2 (4) direct the moral
or religious training of the minor child;
2.3 (5) have informed
consent in making health care decisions for the minor child, including
2.4 the choice of health
care team, and the right to accept or decline biological, pharmaceutical,
2.5 and supplemental
interventions in coordination with the selected health care team;
2.6 (6) access and review
all medical records and physical samples of the minor child;
2.7 (7) consent in writing
before any physical or mental health examinations take place,
2.8 unless a medical
emergency requires immediate examination to save the life of the minor
2.9 child;
2.10 (8) consent in writing
before any pharmaceutical, surgical, or therapeutic interventions
2.11 take place, unless a
medical emergency requires treatment to save the life of the minor child;
2.12 (9) consent in writing
before any biometric scan of the minor child is performed, shared,
2.13 or stored;
2.14 (10) consent in writing
before any record of the minor child's blood or DNA is made,
2.15 shared, or stored,
unless obtaining such blood or DNA is otherwise required by law or
2.16 authorized pursuant to a
court order;
2.17 (11) consent in writing
before the state or any of its political subdivisions makes a video
2.18 or voice recording of
the minor child, unless the video or voice recording is to be used solely
2.19 for any of the following
purposes:
2.20 (i) the maintenance of
order and discipline in the common areas of a school or in school
2.21 vehicles;
2.22 (ii) a purpose related
to a legitimate academic or extracurricular activity;
2.23 (iii) a purpose related
to regular classroom instruction;
2.24 (iv) security or
surveillance of buildings or grounds; or
2.25 (v) a photo
identification card; and
2.26 (12) be notified
promptly if an employee of this state, any political subdivision of this
2.27 state, any other
governmental entity or institution, or any other institution suspects that a
2.28 criminal offense has
been committed against the minor child by someone other than a parent.
2.29 This paragraph does not
create any new obligation for a school district or charter school to
2.30 report misconduct, such
as fighting or aggressive play, between students at school that is
2.31 routinely addressed by
the school as a student disciplinary matter.
3.1 (b) Any attempt to
encourage or coerce a minor child to withhold information from the
3.2 minor child's parent
shall be grounds for discipline of an employee of this state, any political
3.3 subdivision of this
state, or any other governmental entity or institution.
3.4 (c) Any attempt to
coerce or discriminate against the parent of a minor child for exercising
3.5 these rights shall be
grounds for discipline of an employee of this state, any political
3.6 subdivision of this
state, or any other governmental entity or institution.
3.7 (d) This section does
not authorize or allow a parent to abuse or neglect a minor child
3.8 in violation of state
law. This section shall not be construed to apply to a parental action or
3.9 decision that would
end life. This section does not prohibit courts, law enforcement, or a
3.10 government agency from
acting in an official capacity within the reasonable and prudent
3.11 scope of their authority
and these rights.
3.12 (e) Unless a right has
been legally waived or legally terminated, a parent has inalienable
3.13 rights that are more
comprehensive than those listed in this act. The parent's bill of rights
3.14 does not prescribe all
rights of a parent. Unless otherwise required by law, the rights of a
3.15 parent of a minor child
must not be limited or denied.
