Montana 2023 Regular Session

Montana House Bill HB676

Introduced
2/20/23  
Refer
2/21/23  
Engrossed
3/3/23  
Refer
3/13/23  
Enrolled
4/28/23  

Caption

Revise laws to clarify fundamental parental rights

Impact

The bill's implications extend into various aspects of family law and child welfare by reinforcing parental control over children’s medical and educational decisions. It amends multiple statutes to restrict governmental entities from overriding parental authority unless a compelling governmental interest is demonstrated, which needs to be narrowly tailored and minimally restrictive. This could significantly limit schools' and healthcare providers' abilities to engage directly with minors regarding their health and education without parental oversight.

Summary

House Bill 676, known as the Act Generally Revising Laws Regarding Fundamental Parental Rights, seeks to define and protect the fundamental rights of parents in directing the upbringing, education, health care, and mental health of their children without interference from government entities. It establishes that these rights are exclusively reserved to parents and prohibits medical care for minors without parental consent, barring certain exceptions, thereby affecting various current practices surrounding minors' health care and education.

Sentiment

Sentiment around HB 676 is markedly polarized. Proponents argue that the bill safeguards parental rights against potential governmental overreach and seeks to enhance the family unit's integrity by keeping sensitive decisions regarding children primarily under family authority. Conversely, opponents express concerns that the bill may undermine children's access to necessary medical care and educational support by placing overly restrictive consent requirements on parents, especially in urgent or nuanced situations that can arise within educational and healthcare settings.

Contention

The contention surrounding HB 676 primarily revolves around the balance between protecting parental rights and ensuring that children have access to necessary services. Critics worry that the bill could inhibit the ability of professionals to provide immediate care or interventions needed for minors in crisis situations. This concern is particularly pressing regarding issues related to mental health services and emergency medical care, where parental consent might lead to delays that could adversely impact a child's welfare.

Companion Bills

No companion bills found.

Previously Filed As

MT SB337

Generally revise parental rights laws

MT SB518

Revise parental rights laws to increase parental involvement in education

MT SB2260

Fundamental parental rights and parental involvement in education.

MT HCR1004

Fundamental Rights For Parents

MT HB599

Revise student data collection laws

MT SB2188

Requiring parental consent for minors' health care services, fundamental parental rights, a school district's obligation to notify parents of their rights related to education, and data collection; and to provide a penalty.

MT SB299

Revise laws related to enhancing transparency in education

MT H3118

Parental Bill of Rights

MT HB1715

Relating To Parental Rights.

MT HB2161

Parental rights; schools; educational records

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