House passes parental-rights bill after floor amendment to clarify child-protection statutes

The House passed Senate Bill 113, a bill asserting that the fundamental liberty of parents to nurture, care for, and control their children is protected and may not be infringed except under narrowly tailored, compelling governmental interests.

Representative Schwanns, the floor sponsor, said the measure codifies parental rights protected by the U.S. Constitution and reiterated that the bill does not prevent appropriate government action when a compelling state interest exists. Representative Reich offered and the House adopted an amendment (113C) clarifying that the parental-rights statute would not be used to avoid or circumvent existing abuse-and-neglect statutes (chapters 26-7A and 26-8A). Proponents of the amendment said it made the bill’s scope clearer for courts and child-protection agencies; Representative Mortensen said the amendment “makes crystal clear” that child-abuse and neglect protections remain intact.

Opponents and some legal-safety skeptics had argued the change could complicate juvenile proceedings; supporters said the added amendment addressed those concerns. After adoption of the amendment, Representative Schwanns closed by asking colleagues for a green vote; the clerk recorded final passage as ayes 64, nays 5, excused 1.

The enacted language affirms parents’ liberty interests and requires strict scrutiny (a compelling-governmental-interest test) for government actions that would infringe on those rights. The amendment explicitly preserves the authority of juvenile court and child-protection statutes to address abuse and neglect.