PRINTER'S NO. 1337
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
508
Session of
2019
INTRODUCED BY COX, BARRAR, GILLEN, GLEIM, HELM, JAMES, KAUFFMAN,
KEEFER, KORTZ, METCALFE, B. MILLER, MOUL, PICKETT, RYAN,
ZIMMERMAN AND DeLUCA, APRIL 9, 2019
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 9, 2019
AN ACT
Providing for parental rights protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Parental
Rights Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth agency." Any of the following:
(1) The Commonwealth, including the Executive Department
and its boards and commissions.
(2) An independent administrative department, board or
commission.
(3) A public official of an entity listed under
paragraph (1) or (2), acting under color of State law.
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"Non-Commonwealth agency." A political subdivision,
municipal authority or other local government instrumentality
authorized by law, or a public official of a political
subdivision, municipal authority or other local government
instrumentality acting under color of State law.
Section 3. Parental rights protected.
(a) General rule.--The liberty of a parent to direct the
upbringing, education, care and welfare of the parent's child,
so long as not causing actual harm, physical harm or long-term
emotional harm, is a fundamental right.
(b) Infringement.--Neither a Commonwealth agency nor a non-
Commonwealth agency may infringe upon the right under subsection
(a) without demonstrating by clear and convincing evidence all
of the following:
(1) Its governmental interest is compelling.
(2) Its governmental interest is not otherwise served.
(3) It has employed the means or methods to achieve the
compelling governmental interest that least infringes upon
the right.
Section 4. Applicability.
This act shall apply to any State or local law or ordinance
whether statutory or otherwise and whether adopted or effective
prior to or after the effective date of this section. Any law
enacted by the General Assembly after the effective date of this
section shall be subject to this act unless the General Assembly
expressly excludes that law from this act by specific reference
to this act.
Section 5. Effective date.
This act shall take effect in 60 days.
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