Bill Text: MO HJR56 | 2014 | Regular Session | Comm Sub
Bill Title: Proposes a constitutional amendment specifying that parents have a fundamental right to exercise exclusive control over the care, custody, education, and upbringing of their minor children
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-05-15 - Referred: Senate Governmental Accountability and Fiscal Oversight(S) [HJR56 Detail]
Download: Missouri-2014-HJR56-Comm_Sub.html
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE JOINT RESOLUTION NO. 56
97TH GENERAL ASSEMBLY
Reported from the Committee on Seniors, Families and Pensions, May 15, 2014, with recommendation that the Senate Committee Substitute do pass.
TERRY L. SPIELER, Secretary.
4458S.04C
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment to article I of the Constitution of Missouri, and adopting one new section relating to parental rights.
Be it resolved by the Senate, the House of Representatives concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2014, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article I of the Constitution of the state of Missouri:
Section A. Article I, Constitution of Missouri, is amended by adding one new section, to be known as section 35, to read as follows:
Section 35. 1. That parents have a fundamental right to exercise exclusive control over the care, custody, and upbringing of their minor children, including all decisions involving the discipline, education, religious instruction, health, medical care, place of habitation, and general well-being of such minor children.
2. Parents have a responsibility to ensure that their minor children receive a program of academic instruction which they regularly attend while the child is of an age prescribed by law for school attendance. Parents have the right to choose to educate their children in public schools, private schools, parochial schools, parish schools, in-home education or a combination thereof to prepare them for future obligations in life.
3. Neither the state nor any political subdivision, nor any agency, entity, or person acting on behalf of the state or any political subdivision, shall dictate through rule or regulation or other device the content of curriculum to be used by private schools, parochial schools, parish schools, or for in-home instruction or a combination thereof, with the exception of laws which may require instruction in the United States Constitution and this constitution. Neither the state nor any political subdivision, nor any agency, entity, or person acting on behalf of the state shall require any private, parochial, or parish school to include in its curriculum any concept, topic, or practice in conflict with the school's religious doctrines or beliefs; nor shall the state or any political subdivision, or any agency, entity, or person acting on behalf of the state require a parent providing in-home education to include in a student's curriculum any concept, topic, or practice in conflict with the parent's religious belief.
4. Neither the state nor any political subdivision, nor any agency, entity, or person acting on behalf of the state or any political subdivision, shall act to deny or impair the fundamental right of parents to direct the upbringing, education, and care of their children. However, the fundamental right of a parent to control and direct the care, custody, and upbringing of a minor child may be modified or restricted by a court of law when a parent has been found guilty of or pleads guilty to a crime of violence against a child, abuse of a child, kidnapping or abduction of a child, enticement of a child, abandonment of a child, endangering the welfare of a child, sexual abuse of a child, sexual conduct or any other sexual offense against a child or involving a child, production, distribution, or possession of child pornography, human trafficking, domestic violence, or criminal nonsupport; or when a parent has engaged in felonious conduct as prescribed by law or a consistent pattern of unlawful conduct which renders that parent unfit to care appropriately for the needs of a child; or when a parent has been found by a court of law by a preponderance of the evidence to have committed child abuse, child neglect or medical neglect, or been found responsible for jeopardizing the life, health and safety of a child; or as a result of adoption, guardianship, foster care, paternity, child abandonment, mental incompetency, or marital dissolution proceedings; or when a child has been conceived and born as a result of an act of rape or incest; or through the voluntary consent of the parent of a child. Involuntary termination of parental rights shall only occur as prescribed by law in accordance with this section when a court of law has determined based on clear, cogent and convincing evidence that a parent is unfit to be a party to the parent and child relationship and that termination of parental rights is in the best interest of the child.
5. Nothing in this section shall be construed to diminish the authority of peace officers and law enforcement officials to take necessary actions to safeguard the welfare of a child whose life, health, or safety is in jeopardy; or of courts of law to provide for temporary custody of a child in emergency situations to protect the life, health, and safety of such child; or of juvenile courts to assume jurisdiction over a minor child who has been charged with or found guilty of or pleads guilty to offenses against the law, is engaged in actions injurious to the welfare of the child or others, or is beyond the control of the parents; or of courts of law to issue child protection orders for a child whose life, health, or safety is in jeopardy; or of state authorities to investigate allegations of child abuse, child neglect, or medical neglect in accordance with this section.
6. Nothing contained in this section shall be construed to nullify statutes which authorize a minor child to consent to specific surgical or medical treatment that has been prescribed by law.
7. Nothing contained in this section shall be construed to confer upon a parent the right to compel a minor child to undergo an abortion.
8. Nothing contained in this section shall be construed to empower a parent to enroll his or her minor child in a public school outside of the area of that child's residence, except as otherwise provided by law.
9. Nothing contained in this section shall be construed to confer authority on a parent of a public school student, not otherwise authorized in statute, to dictate to school administrators the curriculum or program choices, or levels of service, to be provided to the parent's minor child; nor to confer authority on a parent to modify or change the curriculum, program choices, instructional methods, or levels of educational services a public agency is required to provide to the parent's child pursuant to federal law; nor to empower a parent to overrule disciplinary decisions made by public school authorities with regard to that parent's child that are consistent with the school district's written discipline policy adopted pursuant to state law; provided that students shall be afforded the religious freedoms recognized in Section 5 of this Article.
10. Nothing in this section shall create any new or expanded right under Article IX of this constitution, or create any cause of action to force the state or any political subdivision of the state to provide funding pursuant to Article IX of this constitution.
11. As used in this section, the following terms shall mean:
(1) "Child abuse", any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child's care, custody, and control; except that discipline, including spanking, administered in a reasonable manner, shall not be construed to be abuse;
(2) "Child neglect", failure to provide by those responsible for the care, custody, and control of the child the necessary shelter, nutrition, clothing, or medical care, or education in a public, private, or in-home education setting, or any other care essential to the child's well-being;
(3) "Jeopardizing the life, health, and safety of a child", any action or failure to act wherein a parent knowingly creates a substantial risk to the life, body, or health of such parent's child; or any deliberate acts of the parent or acts of another of which the parent knew or should have known subjects the parent's child to a substantial risk of physical or emotional harm; or a condition of chemical dependency or chronic substance abuse that impairs the ability of a parent to provide appropriate care, custody, or control of a child; or any action wherein a parent encourages, aids, or causes a child to engage in conduct which violates the law;
(4) "Medical neglect", the denial or deprivation of medical or surgical treatment or intervention which is necessary to remedy or ameliorate a medical condition which is life-threatening or would result in serious injury;
(5) "Mental incompetency", a persistent or recurring lack of mental capacity or mental capability which prevents a parent from providing necessary care, nutrition, clothing, habitation, health care, or education to the child of such parent;
(6) "Parent", a biological parent of a child, including the husband of a natural mother at the time the child was conceived, or the parent of a child by adoption, or as otherwise provided by law.
Section B. Pursuant to chapter 116, RSMo, and other applicable constitutional provisions and laws of this state allowing the general assembly to adopt ballot language for the submission of a joint resolution to the voters of this state, the official ballot title of the amendment proposed in section A shall be as follows:
"Shall the Missouri Constitution be amended to ensure:
That parents have a fundamental right to control and direct the care, education, and upbringing of their minor children; and that courts of law and law enforcement officers may act to protect the life, health, and safety of minor children?".
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