Parent's Bill of Rights

A bill for an act

relating to families; creating a parent's bill of rights; proposing coding for new law

in Minnesota Statutes, chapter 260C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[260C.009] PARENT'S BILL OF RIGHTS.

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Subdivision 1.

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Short title.

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This act is known as the "Parent's Bill of Rights."

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Subd. 2.

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Definitions.

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For purposes of this act, the following terms have the meanings

given, unless the context otherwise requires:

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(1) "minor child" means a person 17 years of age or younger; and

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(2) "parent" means the natural or adoptive parent or legal guardian of a minor child.

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Subd. 3.

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Parental rights reserved.

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(a) This state, any political subdivision of this state,

or any other governmental entity or institution granted authority to act on behalf of the state

shall not infringe on the fundamental right of a parent to direct the upbringing, education,

and physical and mental health care of the parent's minor child. All parental rights are

reserved to a parent of a minor child without obstruction or interference from this state, any

political subdivision of this state, or any other governmental entity or institution, including

but not limited to the right to:

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(1) direct the education of the minor child, whether it be public, charter, private, or home

education;

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(2) access, review, and oversee the privacy of all school records relating to the minor

child;

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(3) direct the upbringing of the minor child;

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(4) direct the moral or religious training of the minor child;

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(5) have informed consent in making health care decisions for the minor child, including

the choice of health care team, and the right to accept or decline biological, pharmaceutical,

and supplemental interventions in coordination with the selected health care team;

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(6) access and review all medical records and physical samples of the minor child;

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(7) consent in writing before any physical or mental health examinations take place,

unless a medical emergency requires immediate examination to save the life of the minor

child;

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(8) consent in writing before any pharmaceutical, surgical, or therapeutic interventions

take place, unless a medical emergency requires treatment to save the life of the minor child;

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(9) consent in writing before any biometric scan of the minor child is performed, shared,

or stored;

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(10) consent in writing before any record of the minor child's blood or DNA is made,

shared, or stored, unless obtaining such blood or DNA is otherwise required by law or

authorized pursuant to a court order;

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(11) consent in writing before the state or any of its political subdivisions makes a video

or voice recording of the minor child, unless the video or voice recording is to be used solely

for any of the following purposes:

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(i) the maintenance of order and discipline in the common areas of a school or in school

vehicles;

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(ii) a purpose related to a legitimate academic or extracurricular activity;

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(iii) a purpose related to regular classroom instruction;

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(iv) security or surveillance of buildings or grounds; or

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(v) a photo identification card; and

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(12) be notified promptly if an employee of this state, any political subdivision of this

state, any other governmental entity or institution, or any other institution suspects that a

criminal offense has been committed against the minor child by someone other than a parent.

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This paragraph does not create any new obligation for a school district or charter school to

report misconduct, such as fighting or aggressive play, between students at school that is

routinely addressed by the school as a student disciplinary matter.

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(b) Any attempt to encourage or coerce a minor child to withhold information from the

minor child's parent shall be grounds for discipline of an employee of this state, any political

subdivision of this state, or any other governmental entity or institution.

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(c) Any attempt to coerce or discriminate against the parent of a minor child for exercising

these rights shall be grounds for discipline of an employee of this state, any political

subdivision of this state, or any other governmental entity or institution.

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(d) This section does not authorize or allow a parent to abuse or neglect a minor child

in violation of state law. This section shall not be construed to apply to a parental action or

decision that would end life. This section does not prohibit courts, law enforcement, or a

government agency from acting in an official capacity within the reasonable and prudent

scope of their authority and these rights.

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(e) Unless a right has been legally waived or legally terminated, a parent has inalienable

rights that are more comprehensive than those listed in this act. The parent's bill of rights

does not prescribe all rights of a parent. Unless otherwise required by law, the rights of a

parent of a minor child must not be limited or denied.

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