Tennessee: Stop a badly written parental rights bill
Our Stand: At-A-Glance
UPDATED! April 8, 2024
- UPDATE! THIS ACTION IS EASY because you only have to contact ONE person: Your own Representative. Email, call, and if you can, visit your Representative and tell him or her to VOTE NO! Tell them the Fundamental Rights of Parents are too important to get wrong. Stop this legislation now, and come back next year once all the issues are resolved.
- SB2749 / HB2936 (Amendment #017296) is called the “Families’ Rights and Responsibilities Act” and is intended to protect parental rights and provide a legal cause of action when rights are violated, but it fails in several ways and introduces potential harm.
- Currently, parents have fundamental rights under the Fourteenth Amendment of the United States Constitution. This bill attempts to codify those rights in TN law, but instead, it establishes a platform to continuously trim away parental rights.
- SECTION 1 of the bill provides an avenue for future laws to violate or usurp parental rights with the language: “State law enacted after July 1, 2024, is subject to this chapter unless the law explicitly excludes such application by reference to this chapter.”
- SECTION 2 specifically addresses medical care, and states: “Except as otherwise provided by statutory law, case law, or court order.”
- If existing laws and case law (which can be overturned or misused) that tread on parental rights are exempted and all future laws can be exempted from this proposed act, then what exactly does the bill do?
- The top three concerns are:
- Expands the definition of “parent” by providing that “an individual who has been granted decision-making authority over the child under state law” is a parent.
- The bill defines “Decision-making authority” to mean “the power granted by the state to a nonparent to make important decisions regarding a child, including decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel;”
- Who might fit this description? Any judge who has taken subject matter jurisdiction over the child; attorneys appointed to serve as a guardian ad litem for a child; potentially an employee of the Department of Children’s Services; potentially any number of individuals in educational and other settings.
- This section does not define who can grant decision-making authority under state law.
- Higher Education Exclusion. The parental rights acknowledged in this bill do not apply when a parent enrolls their child in higher education before the child is eighteen, such as dual enrollment for high schoolers or when a minor starts college early at 16 or 17. The loss of parental rights includes medical consent rights when “services are provided to a minor enrolled in an institution of higher education by a licensed provider employed by the institution of higher education.”
- Minors visiting medical providers on a college campus will be able to receive treatment without parental knowledge or consent.
- This Higher Education Exclusion creates a potential conflict of law with last year’s Mature Minor Clarification Act (MMCA) of 2023 (Tenn. Code Ann. § 63-1-165) and The National Childhood Vaccine Injury Act (NCVIA) of 1986 (42 U.S.C. § 300aa-26).
- This loss of parental rights means a minor child is left navigating an adult environment and the influences of academia alone.
- Federal programs such as FERPA and Title X already encroach on parental rights – this bill removes parental rights entirely, leaving the minor functionally emancipated.
- and The National Childhood Vaccine Injury Act (NCVIA) of 1986 (42 U.S.C. § 300aa-26).
- Blanket Consent Exclusion. The rights and legal recourse provisions of this bill do not apply when a parent gives blanket consent authorizing a person or entity “to perform an activity listed” in subsection (c), the list of parental rights.
- Parents commonly sign consent forms for schools, health care facilities, clubs and sport organizations, and more. Many of these forms contain broad “blanket” language that say the parent is giving permission for other people to be responsible for their child and that they waive any right to take legal action if something goes wrong.
- Parents will sign these forms without fully understanding the rights they are waiving.
- This legislation would expand and increase the use of contractual blanket consent provisions to avoid lawsuits.
- Expands the definition of “parent” by providing that “an individual who has been granted decision-making authority over the child under state law” is a parent.
- The final vote for HB2936 is THURSDAY APRIL 11 during the 9am House Floor Session.