ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: HHS DP 5-1-1-0 | 3rd Read 17-11-0-2

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1443: parental rights; compensatory damages

Sponsor: Senator Werner, LD 4

Committee on Judiciary

Overview

Mandates a minimum award of $2,500 in compensatory damages for each violation of the Arizona Parents' Bill of Rights.

History

The Arizona Parents' Bill of Rights asserts that parents have exclusive and fundamental rights over the upbringing, education, health care and general welfare of their minor children without government interference. It enumerates various parental rights and restricts government entities from infringing on those rights unless they can demonstrate that such interference serves a compelling government interest and is narrowly tailored. If a government entity infringes on parental rights, a parent may file a suit against the government entity. If the government entity cannot demonstrate that its actions served a compelling government interest and were narrowly tailored, then the court must grant relief, which may include compensatory damages, to the parents (A.R.S. § 1-602).

Provisions

1.   Directs the court, if it awards compensatory damages to parents for a violation of the Parents' Bill of Rights, to award at least $2,500 for each violation of the Parents' Bill of Rights. (Sec. 1)

2.   Adds explicitly that parents have the right to make mental health care decisions for their minor children. (Sec. 1)

 

 

 

 

 

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                        SB 1443

Initials NM    Page 0 Judiciary

 

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