PRINTER'S NO. 937
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
855
Session of
2017
INTRODUCED BY TALLMAN, PICKETT, B. MILLER, MOUL, ZIMMERMAN AND
METCALFE, MARCH 13, 2017
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 13, 2017
AN ACT
Providing for parental rights protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Parental
Rights Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth agency." Any of the following:
(1) The Commonwealth, including the Executive Department
and its boards and commissions.
(2) An independent administrative department, board or
commission.
(3) A public official of an entity listed under
paragraph (1) or (2), acting under color of State law.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
"Non-Commonwealth agency." A political subdivision,
municipal authority or any other local government
instrumentality authorized by law, or a public official thereof
acting under color of State law.
Section 3. Parental rights protected.
(a) General rule.--The liberty of a parent to direct the
upbringing, education, care and welfare of the parent's child,
so long as not causing actual harm, defined as physical harm or
long-term emotional harm, is a fundamental right.
(b) Infringement.--Neither a Commonwealth agency nor a non-
Commonwealth agency may infringe upon the right under subsection
(a) without demonstrating by clear and convincing evidence all
of the following:
(1) Its governmental interest is compelling.
(2) Its governmental interest is not otherwise served.
(3) In infringing upon the right, the Commonwealth
agency or non-Commonwealth agency has employed the means or
methods to achieve the compelling governmental interest that
least infringes upon the right.
Section 4. Applicability.
This act shall apply to any State or local law or ordinance
and the implementation of that law or ordinance, whether
statutory or otherwise and whether adopted or effective prior to
or after the effective date of this act. Any law enacted by the
General Assembly after the effective date of this act shall be
subject to this act.
Section 5. Effective date.
This act shall take effect in 60 days.
20170HB0855PN0937 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28