"Non-Commonwealth agency." A political subdivision,
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,
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, unless the General Assembly expressly
excludes that law from this act by specific reference to this
act.
Section 5. Effective date.
20170HB1349PN1674 - 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
29
30