ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
parental rights; compensatory damages
Purpose
Requires compensatory damages awarded for violations of the Parents' Bill of Rights to total at least $2,500 for each violation.
Background
The Parents' Bill of Rights states that all parental rights are reserved to a parent of a minor child, without obstruction or interference from the state, a political subdivision thereof or any other governmental entity or institution, including the right to: 1) direct the education, upbringing, moral or religious training of the minor child; 2) have access and review all records relating to the minor child; 3) make the minor child's health care decisions; 4) access and review the minor child's medical records, unless the parent is the subject of an investigation of a crime committed against the minor child; 5) consent in writing before a minor child's biometric scan, before any genetic testing is conducted on the minor child and before the state or any of its political subdivisions makes a video or voice recording of the minor child; 6) be notified promptly if an entity employee suspects that a criminal offense has been committed against the minor child by someone other than a parent; and 7) obtain information about a minor child safety services investigation involving the parent. The Parents' Bill of Rights is not comprehensive of all fundamental rights of a parent.
Additionally, the Parents' Bill of Rights allows a parent to bring a suit against a governmental entity or official based on any violation of the parent's rights. If a lawsuit is filed related to interference in a parent's rights by a governmental entity, the entity or official has the burden of proof to demonstrate that the interference or usurpation of the parent's rights to direct the upbringing, education, healthcare and mental health of the child is essential to accomplish a compelling government interest and that the method of interference or usurpation is narrowly tailored. In the case of an unsuccessful interference or usurpation by the governmental entity or official, the court must grant appropriate relief such as declaratory or injunctive relief, compensatory damages and attorney fees (A.R.S. ยง 1-602).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires compensatory damages awarded for violations of the Parents' Bill of Rights to total at least $2,500 for each violation.
2. Clarifies that a parent's right to make health care decisions for a minor child includes the right to mental health care decisions.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2025
MM/slp