Indiana 2024 Regular Session

Indiana Senate Bill SB0046 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 46
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-42.
7	7	Synopsis: Parental rights. Provides that a governmental entity may not
8	8	substantially burden certain parental rights unless the burden is in
9	9	furtherance of a compelling governmental interest and is the least
10	10	restrictive means of furthering the governmental interest. Prohibits a
11	11	governmental entity from: (1) advising, directing, or coercing a child
12	12	to withhold certain information from the child's parent; or (2) denying
13	13	a child's parent access to certain information. Allows a parent to bring
14	14	an action against a governmental entity for certain violations and
15	15	provides for certain relief. Specifies that the parent of a child does not
16	16	have a right to access certain medical care on behalf of the child if the
17	17	child does not have an affirmative right of access to such medical care.
18	18	Effective: July 1, 2024.
19	19	Brown L
20	20	January 8, 2024, read first time and referred to Committee on Judiciary.
21	21	2024 IN 46—LS 6264/DI 149 Introduced
22	22	Second Regular Session of the 123rd General Assembly (2024)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2023 Regular Session of the General Assembly.
32	32	SENATE BILL No. 46
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning
34	34	family law and juvenile law.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 31-42 IS ADDED TO THE INDIANA CODE AS
37	37	2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
38	38	3 2024]:
39	39	4 ARTICLE 42. PARENTAL RIGHTS AND
40	40	5 RESPONSIBILITIES
41	41	6 Chapter 1. Definitions
42	42	7 Sec. 1. Except as otherwise provided, the definitions in this
43	43	8 chapter apply throughout this article.
44	44	9 Sec. 2. "Child" means an unemancipated individual who is less
45	45	10 than eighteen (18) years of age.
46	46	11 Sec. 3. "Governmental entity" has the meaning set forth in
47	47	12 IC 34-13-9-6.
48	48	13 Sec. 4. "Health care" has the meaning set forth in IC 16-36-1-1.
49	49	14 Sec. 5. "Parent" has the meaning set forth in IC 20-18-2-13.
50	50	15 Chapter 2. Rights of Parents
51	51	16 Sec. 1. This chapter applies to all statutes enacted by the general
52	52	17 assembly unless a statute is exempted by reference to a specific
53	53	2024 IN 46—LS 6264/DI 149 2
54	54	1 statute within this chapter.
55	55	2 Sec. 2. A governmental entity may not substantially burden a
56	56	3 parent's fundamental right to direct the:
57	57	4 (1) upbringing;
58	58	5 (2) religious instruction;
59	59	6 (3) education; or
60	60	7 (4) health care;
61	61	8 of the parent's child, unless the burden is in furtherance of a
62	62	9 compelling governmental interest and is the least restrictive means
63	63	10 of furthering the governmental interest.
64	64	11 Sec. 3. (a) A governmental entity or an employee of a
65	65	12 governmental entity may not:
66	66	13 (1) advise, direct, or coerce a child to withhold information
67	67	14 from the child's parent; or
68	68	15 (2) deny a child's parent access to information that:
69	69	16 (A) is in the control of the governmental entity;
70	70	17 (B) is requested by the child's parent; and
71	71	18 (C) relates to the child's health care or social, emotional,
72	72	19 and behavioral well-being.
73	73	20 (b) This section does not apply if:
74	74	21 (1) the parent's access to the requested information is
75	75	22 prohibited by a court order; or
76	76	23 (2) a law enforcement officer requests that the information
77	77	24 not be released because the parent is subject to an
78	78	25 investigation related to the child.
79	79	26 Sec. 4. (a) Notwithstanding IC 34-13-3-3(a)(8), a parent may
80	80	27 bring suit against a governmental entity for a violation of this
81	81	28 chapter.
82	82	29 (b) A parent may raise this chapter as a defense in a judicial or
83	83	30 administrative proceeding brought against the parent by a
84	84	31 governmental entity or a private entity.
85	85	32 (c) A governmental entity that is a party to a civil judicial or
86	86	33 administrative proceeding under this chapter has the burden of
87	87	34 proof to demonstrate by clear and convincing evidence that it did
88	88	35 not violate section 2 or 3 of this chapter.
89	89	36 Sec. 5. Relief against the governmental entity may include any
90	90	37 of the following:
91	91	38 (1) Declaratory relief or injunctive relief.
92	92	39 (2) Compensatory damages.
93	93	40 (3) Reasonable attorney's fees and costs.
94	94	41 Sec. 6. This chapter does not authorize a parent to commit child
95	95	42 abuse or neglect as defined in IC 31-9-2-14. This chapter does not
96	96	2024 IN 46—LS 6264/DI 149 3
97	97	1 apply to an act or omission by a parent to end the life of a child.
98	98	2 This chapter does not prohibit a court from issuing an order that
99	99	3 is otherwise permitted by law.
100	100	4 Sec. 7. If a child does not have an affirmative right of access to
101	101	5 a specific medical treatment, service, or procedure, then this
102	102	6 chapter may not be construed to grant the parent a right to access
103	103	7 that medical treatment, service, or procedure on behalf of the
104	104	8 parent's child.
105	105	2024 IN 46—LS 6264/DI 149