Senate Bill 2815

AN ACT TO STATE LEGISLATIVE FINDINGS REGARDING THE FUNDAMENTAL RIGHT OF PARENTS TO DIRECT THE EDUCATION, UPBRINGING, CARE AND CONTROL OF THEIR CHILDREN; TO RECOGNIZE THAT THE LIBERTY INTEREST OF A PARENT IN THE NURTURE, EDUCATION, CARE, CUSTODY, AND CONTROL OF THE PARENT'S CHILD IS A FUNDAMENTAL RIGHT; TO PROHIBIT AN AGENCY OR OFFICER OF THIS STATE OR ANY AGENCY OR OFFICER OF ANY SUBDIVISION OF THIS STATE FROM INFRINGING ON FUNDAMENTAL PARENTAL RIGHTS EXCEPT AS PROVIDED BY LAW NARROWLY TAILORED TO MEET A COMPELLING GOVERNMENTAL INTEREST BY THE LEAST RESTRICTIVE MEANS; AND FOR RELATED PURPOSES.

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

SECTION 1. The Legislature of Mississippi finds the following:

(a) The United States Supreme Court has recognized that parents have a fundamental right to direct the upbringing of their children.

(b) The liberty protected by the due process clause includes the fundamental right of parents to direct the education, upbringing, care and control of their children.

SECTION 2. (1) The liberty interest of a parent in the nurture, education, care, custody, and control of the parent's child is a fundamental right.

(2) No agency or officer of this state nor any agency or officer of any subdivision of this state shall infringe on fundamental parental rights except as provided by law narrowly tailored to meet a compelling governmental interest by the least restrictive means.

SECTION 3. This act shall take effect and be in force from and after its passage.