UNOFFICIAL COPY 22 RS SB 40/GA
Page 1 of 2
SB004010.100 - 1030 - XXXX GA
AN ACT relating to the rights of parents. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 405 IS CREATED TO 3
READ AS FOLLOWS: 4
The General Assembly finds the following: 5
(1) The interests and role of parents in the care, custody, and control of their 6
children are implicit in the concept of ordered liberty, deeply rooted in our 7
nation’s history and tradition, and among the unalienable rights retained by the 8
people under the Ninth Amendment to the Constitution of the United States; 9
(2) The interests of parents include the high duty and right to nurture and direct 10
their children’s destiny, including their upbringing and education; 11
(3) The Commonwealth has independent authority to protect its parents’ 12
fundamental right to nurture and direct their children’s destiny, upbringing, and 13
education; 14
(4) The protections and rights recognized in Section 2 of this Act are rooted in the 15
due process of law guaranteed pursuant to the Constitution of the United States; 16
(5) Governmental efforts that restrict or interfere with these fundamental rights are 17
only permitted if that restriction or interference satisfies the judicial standard of 18
strict scrutiny; and 19
(6) Nothing in this section or Section 2 of this Act shall be construed as altering the 20
established presumption in favor of the constitutionality of statutes and 21
regulations. 22
SECTION 2. A NEW SECTION OF KRS CHAPTER 405 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) As used in this section, "parent" means the biological or adoptive mother or 25
father of a child. 26
(2) A parent who has legal custody of any minor child or children shall have the 27 UNOFFICIAL COPY 22 RS SB 40/GA
Page 2 of 2
SB004010.100 - 1030 - XXXX GA
fundamental right to make decisions concerning their care, custody, and control. 1
(3) A parent who has legal custody of any minor child or children shall have the 2
fundamental right and duty to make decisions concerning their education, 3
including the right to cause the child to be educated in any manner authorized 4
pursuant to KRS 159.010 and in accordance with the laws and Constitution of 5
the Commonwealth of Kentucky. 6
(4) The Commonwealth of Kentucky, or any political subdivision thereof, shall not 7
violate a parent’s fundamental and established rights protected by this section. 8
Any restriction of or interference with these rights, whether now existing or 9
hereafter, shall not be upheld unless it is demonstrated by clear and convincing 10
evidence that the restriction or interference is both: 11
(a) Essential to further a compelling governmental interest; and 12
(b) The least restrictive means available for the furthering of that compelling 13
governmental interest. 14
(5) The principles expressed in this section apply to any interference whether now 15
existing or hereafter enacted. 16
(6) Nothing in this section or Section 1 of this Act shall apply to the provisions of 17
KRS Chapter 402 relating to child marriage or permit a parent to abuse or 18
neglect a child as defined in KRS Chapter 508 or KRS 600.020. 19
(7) When a parent’s fundamental rights protected by this section are violated, a 20
parent may assert that violation as a claim or defense in a judicial proceeding 21
and may obtain appropriate relief against the governmental entity. 22
(8) If a parent prevails in a civil action against the state or a political subdivision 23
thereof, as provided in subsection (7) of this section, the parent is entitled to 24
reasonable attorney’s fees and costs. 25
Section 3. This Act shall be known and may be cited as the Parents' Rights 26
Protection Act. 27