Trans Legislation Tracker

IN HB1407

EDUCATIONFAILED

Parental rights.

Parental rights. Provides that the state of Indiana, a political subdivision or other governmental entity of the state of Indiana, a government official, or any other person acting under the color of law shall not infringe on the fundamental right of a parent to direct the upbringing, education, health care, and mental health of the parent's child without demonstrating that the infringement: (1) is required by a compelling governmental interest of the highest order as long recognized in the history and traditions of the state of Indiana; and (2) as applied to the child, is narrowly tailored and not otherwise served by a less restrictive means. Creates a right of action for violation of a parent's rights with respect to the upbringing, education, and health care of the parent's child. Provides that a child is not a child in need of services due to the child's parent, guardian, or custodian: (1) referring to and raising the child consistent with the child's biological sex; or (2) declining to consent to the child receiving: (A) specified medication; (B) a medical procedure the purpose of which is to alter the apparent gender or sex of the child or affirm the child's perception of the child's gender or sex in a manner inconsistent with the child's biological sex; or (C) counseling or other mental health services the purpose of which is to affirm the child's perception of the child's gender or sex if the child's perception is inconsistent with the child's biological sex. Provides that if the juvenile court finds that a child is a child in need of services because the child substantially endangers the child's own or another's health, the court shall release the child to the child's parent, guardian, or custodian and may not enter a dispositional decree ordering removal of the child, unless: (1) the court also finds that the child is a child in need of services for another reason; or (2) the parent, guardian, or custodian consents to the child being removed from the child's home. Specifies that the parental rights and responsibilities do not: (1) authorize a parent to: (A) abuse or neglect a child; or (B) make the decision to end the child's life; or (2) prohibit a court from issuing an order that is otherwise permitted by law. Makes conforming changes.

Legislative Session

inactive

2023 Regular Session

Links

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Calendar

datetimetypelocationdescription
2023-02-0908:30HearingRoom 156-BHouse Family, Children and Human Affairs Hearing

History

DateAction
2023-03-09First reading: referred to Committee on Rules and Legislative Procedure
2023-02-23Referred to the Senate
2023-02-22Senate sponsors: Senators Freeman, Donato, Raatz
2023-02-22Third reading: passed; Roll Call 199: yeas 58, nays 33
2023-02-21Second reading: amended, ordered engrossed
2023-02-21Amendment #2 (Jeter) prevailed; voice vote
2023-02-20Placed back on second reading
2023-02-16Second reading: ordered engrossed
2023-02-13Committee report: amend do pass, adopted
2023-02-06Representative Patterson L added as coauthor
2023-01-31Representative Heaton added as coauthor
2023-01-31Representative Jeter C added as coauthor
2023-01-17First reading: referred to Committee on Family, Children and Human Affairs
2023-01-17Authored by Representative DeVon