PRINTER'S NO. 536
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
444
Session of
2023
INTRODUCED BY MASTRIANO, MARCH 28, 2023
REFERRED TO STATE GOVERNMENT, MARCH 28, 2023
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.
"Non-Commonwealth agency." A political subdivision,
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municipal authority or other local government instrumentality
authorized by law, or a public official of a political
subdivision, municipal authority or other local government
instrumentality 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 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 that the State law or local ordinance
is narrowly tailored to meet a compelling governmental interest
by the least restrictive means.
Section 4. Civil relief.
A parent whose fundamental right under section 3(a) has been
infringed by a Commonwealth agency or non-Commonwealth agency
may bring an action in a court of competent jurisdiction seeking
appropriate relief against the Commonwealth agency or non-
Commonwealth agency. The court may award reasonable attorney
fees to the prevailing party under this section.
Section 5. Construction.
Nothing in this act shall be construed to authorize a parent
to engage in conduct that is unlawful or defined as child abuse
in 23 Pa.C.S. ยง 6303(b.1) (relating to definitions).
Section 6. Applicability.
(a) State laws and local ordinances.--Except as provided
under subsection (b), this act shall apply to a State law or
local ordinance that takes effect before, on or after the
effective date of this section.
(b) Exemption.--For a State law that takes effect after the
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effective date of this section, this act shall not apply if the
State law expressly states that the provisions of this act are
not applicable to the State law by a specific reference to this
act.
Section 7. Effective date.
This act shall take effect in 60 days.
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