MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary B

By: Representatives Rushing, Crawford

(3) House Bill 900

(1) (As Passed the House)

AN ACT TO CREATE "THE FAMILIES' RIGHTS AND RESPONSIBILITIES ACT"; TO PROVIDE THE DEFINITIONS FOR THE ACT; TO PROHIBIT THE STATE OR ANY OTHER GOVERNMENTAL ENTITY FROM SUBSTANTIALLY BURDENING A PARENT'S FUNDAMENTAL RIGHT TO DIRECT THE UPBRINGING OF HIS OR HER CHILD; TO PROVIDE EXCEPTIONS TO THE PROHIBITION; TO PROVIDE THAT THIS ACT DOES NOT GIVE A PARENT A RIGHT TO ABUSE HIS OR HER CHILD; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  The following words and phrases shall have the meanings ascribed herein, unless the context indicates otherwise:

          (a)  "Child" means an individual under the age of eighteen.

          (b)  "Parent" means a biological parent of a child, an adoptive parent of a child, or an individual who has been granted exclusive right and authority over the welfare of a child under state law.

SECTION 2.  (1)  The state, any political subdivision of the state, or any other governmental entity shall not substantially burden the fundamental right of a parent to direct the upbringing, education, health care, and mental health of that parent's child without demonstrating that the burden is required by a compelling governmental interest of the highest order as applied to the parent and the child and is the least restrictive means of furthering that compelling governmental interest.

     (2)  Except as otherwise provided by law or court order, a person, private entity, government entity, or any employee or agent of any private or government entity must obtain the consent of a parent of a child before taking any of the following actions:

          (a)  Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing surgical procedures upon a child;

          (b)  Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing a physical or medical examination upon a child;

          (c)  Prescribing or dispensing any prescription drug or medication to a child; or

          (d)  Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing a mental health evaluation in a clinical or nonclinical setting or mental health treatment on a child.

     (3)  This section shall not apply if:

          (a)  A parent of the child has given a blanket consent authorizing the person or entity to perform an activity listed in subsection (2)(a) of this act; or

          (b)  It has been reasonably determined by the person or entity that an emergency exists and either of the following conditions is true:

               (i)  It is necessary to perform an activity listed in subsection (2)(a) in order to prevent death or imminent, irreparable physical injury to the child, or

               (ii)  A parent of the child cannot be located or contacted after a reasonably diligent effort.

          (c)  The person or entity has reason to believe that a parent or both parents have perpetrated abuse against the child, or has failed to protect the child from abuse perpetrated by a third party.

     (4)  This section does not authorize or allow a parent to abuse or neglect a child as defined herein.  This section does not apply to a parental action or decision that would end life.  The provisions of this section do not apply to an abortion, which shall be governed by state law.  This section does not prohibit a court from issuing an order that is otherwise permitted by law.

     (5)  Upon request of a parent, a physician and any other medical provider shall provide the parent with medical information or records of a child.  Physicians and medical providers shall not withhold any medical information or records from parents of a child when a parent requests such from the physician or medical provider.

     (6)  A parent may bring suit for any violation of this Section and may raise this Section as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the government, any private person, or any other party.

          (a)  A parent who successfully asserts a claim or defense under this Act may recover declaratory relief, injunctive relief, compensatory damages, reasonable attorneys' fees and costs, and any other appropriate relief.

(b)  A government entity shall indemnify its employees for any liability incurred by the employee and for any judgment entered against the employee for claims arising under this section; provided however that a government entity does not have to indemnify an employee if the employee was convicted of a criminal violation for the conduct from which the claim arises.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2024.