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26LSO-0388
2026
STATE OF WYOMING
26LSO-0388
Introduced
2.0
HOUSE BILL NO. HB0157
Protection of parental rights-cause of action.
Sponsored by: Representative(s) McCann, Brady, Guggenmos, Haroldson, Larson, JT, Lien, Locke, Lucas, Ottman, Schmid, Strock, Webb and Wylie and Senator(s) Brennan, Hutchings and Pearson
A BILL
for
AN ACT relating to parental rights; providing a civil cause of action for infringement of parental rights; creating an exception to governmental immunity; waiving governmental claims notice requirements; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 1
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39
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125 is created to read:
1
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39
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125.
Liability; protection of parental rights.
A governmental entity is liable for damages resulting from a violation of W.S. 14
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2
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206.
Section 2
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W.S. 1
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39
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104(a), 1
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39
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113(a)(intro), 1
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39
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118(d) and 14
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2
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206 by creating a new subsection (d) are amended to read:
1
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39
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104.
Granting immunity from tort liability; liability on contracts; exceptions.
(a)
A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1
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39
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105 through 1
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39
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112 and 1
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39
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122 through
1
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39
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124
1
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39
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125
. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1
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39
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120(b). The claims procedures of W.S. 1
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39
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113 apply to contractual claims against governmental entities.
1
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39
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113.
Claims procedure.
(a)
Except as provided by W.S. 14
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2
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206(d), n
o action shall be brought under this act against a governmental entity unless the claim upon which the action is based is presented to the entity as an itemized statement in writing within two (2) years of the date of the alleged act, error or omission, except that a cause of action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was:
1
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39
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118.
Maximum liability; insurance authorized.
(d)
Except as provided by W.S. 14
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2
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206(d), n
o judgment against a governmental entity shall include an award for exemplary or punitive damages, for interest prior to judgments or for attorney's fees.
14
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2
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206.
Protection of parental rights; applicability; cause of action.
(d)
Notwithstanding any other provision of the Wyoming Governmental Claims Act, if the state or any agency or political subdivision of the state infringes upon the parental rights of a parent under this section, the parent shall have grounds for a civil cause of action against the state, agency or political subdivision for declaratory and injunctive relief. An action under this subsection shall not be subject to the requirements of W.S. 1
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39
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113. A district court shall award reasonable attorney fees and costs to a prevailing parent.
Section 3
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This act is effective July 1, 2026
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(END)
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HB0157