Bill Text: IA HF486 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to fundamental parental rights.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-02 - Subcommittee returns the bill to Committee without recommendation. []. [HF486 Detail]
Download: Iowa-2023-HF486-Introduced.html
House
File
486
-
Introduced
HOUSE
FILE
486
BY
ANDREWS
A
BILL
FOR
An
Act
relating
to
fundamental
parental
rights.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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H.F.
486
Section
1.
NEW
SECTION
.
597A.1
Fundamental
parental
rights.
1
1.
The
right
to
direct
the
upbringing,
rearing,
2
associations,
care,
education,
custody,
and
control
of
a
3
parent’s
child
is
a
parent’s
fundamental
right.
4
2.
State
action
infringing
on
or
interfering
with
this
5
fundamental
right
shall
be
subject
to
strict
scrutiny
and
shall
6
be
narrowly
tailored
to
serve
a
compelling
state
interest.
7
3.
Divorce
or
marital
status
shall
not
diminish
this
8
fundamental
right,
render
a
parent
unfit,
or
establish
a
9
compelling
state
interest.
10
4.
A
parent
is
presumed
to
be
a
fit
parent.
This
11
presumption
may
be
overcome
only
by
clear
and
convincing
12
evidence.
13
5.
It
is
presumed
that
the
actions
of
a
fit
parent
are
in
14
the
best
interests
of
the
parent’s
child.
This
presumption
15
may
be
overcome
only
by
clear
and
convincing
evidence.
State
16
action
to
determine
the
best
interests
of
the
child
shall
not
17
be
taken
until
the
state
overcomes
such
presumption.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
establishes
fundamental
rights
of
parents
22
relating
to
the
upbringing,
rearing,
associations,
care,
23
education,
custody,
and
control
of
a
parent’s
child
with
24
which
state
action
shall
not
infringe
or
interfere
without
25
meeting
the
strict
scrutiny
level
of
judicial
review.
The
bill
26
provides
that
divorce
or
marital
status
shall
not
diminish
27
the
fundamental
right,
render
a
parent
unfit,
or
establish
28
a
compelling
state
interest.
A
parent
is
presumed
to
be
29
a
fit
parent,
and
the
presumption
may
be
overcome
only
by
30
clear
and
convincing
evidence.
The
bill
also
provides
that
31
it
is
presumed
that
the
actions
of
a
fit
parent
are
in
the
32
best
interests
of
the
parent’s
child;
the
presumption
may
be
33
overcome
only
by
clear
and
convincing
evidence;
and
state
34
action
to
determine
the
best
interests
of
the
child
shall
not
35
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