SLS 14RS-443 ORIGINAL Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2014 SENATE BILL NO. 308 BY SENATOR CROWE CHILDREN. Provides relative to the fundamental rights of parents. (2/3 - CA13sl(A)) A JOINT RESOLUTION1 Proposing to add Article I, Section 28 of the Constitution of Louisiana, relative to the2 recognition of the fundamental rights of parents; to recognize the right of parents to3 direct the upbringing of their children; to provide for parental responsibilities; to4 provide for construction of provisions; and to specify an election for submission of5 the proposition to electors and provide a ballot proposition.6 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7 elected to each house concurring, that there shall be submitted to the electors of the state, for8 their approval or rejection in the manner provided by law, a proposal to add Article I,9 Section 28 of the Constitution of Louisiana, to read as follows:10 ยง28. Fundamental rights of parents11 A. The people of Louisiana recognize the fundamental right of parents12 to direct the upbringing of their children.13 B. The people of Louisiana recognize the family as the most fundamental14 unit of human society; that preserving families is essential to a free society; that15 the relationship between parent and child is preeminent in establishing and16 maintaining the well-being of the child; that parents have the responsibility for17 SB NO. 308 SLS 14RS-443 ORIGINAL Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. providing the basic necessities of life as well as love and affection to their1 children; that parents have the paramount right to raise their children in2 accordance with their own values and traditions; that parents should make the3 decisions regarding where and with whom the child shall reside, the4 educational, moral, ethical, and religious training of the child, the medical,5 psychiatric, surgical, and preventive health care of the child, and the discipline6 of the child; that children owe to their parents respect, obedience, and affection;7 that the role of the state in the family is limited and should only be asserted8 when there is a serious threat to the family, the parents, or the child; and that9 extraordinary procedures established by law are meant to be used only when10 required by necessity and then with due respect for the rights of the parents, the11 children, and the institution of the family.12 C. Nothing herein shall be construed to require a court to return a child13 to parents if the child has been removed by a court of competent jurisdiction for14 reasons of abuse or neglect committed by the parent.15 Section 2. Be it further resolved that this proposed amendment shall be submitted16 to the electors of the state of Louisiana at the statewide election to be held on November 4,17 2014.18 Section 3. Be it further resolved that on the official ballot to be used at said election19 there shall be printed a proposition, upon which the electors of the state shall be permitted20 to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as21 follows:22 Do you support an amendment to recognize the fundamental right of parents23 to direct the upbringing of their children and that parents have the right to24 direct and to make decisions regarding where and with whom the child shall25 reside, the educational, moral, ethical, and religious training of the child, the26 medical, psychiatric, surgical, and preventive health care of the child, and the27 discipline of the child? The proposed amendment is not to be interpreted to28 require a child to be returned to a parent if the child has been removed by a29 SB NO. 308 SLS 14RS-443 ORIGINAL Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. court of competent jurisdiction from the parent for reasons of abuse or1 neglect committed by the parent.2 (Adds Article I, Section 28)3 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Carla S. Roberts. DIGEST Crowe (SB 308) Proposed constitutional amendment provides that the people of Louisiana recognize the fundamental rights of parents to direct the upbringing of their children and that parents have the right to direct and to make decisions regarding where and with whom the child shall reside, the educational, moral, ethical, and religious training of the child, the medical, psychiatric, surgical, and preventive health care of the child, and the discipline of the child. Proposed constitutional amendment provides that the proposed constitutional amendment shall not be interpreted to require a child to be returned to a parent if the child has been removed by a court of competent jurisdiction for reasons of abuse or neglect committed by the parent. Specifies submission of the amendment to the voters at the statewide election to be held on November 4, 2014. (Adds Art. I, Sec. 28)