House Bill 3121 History
H. B. 3121
(By Delegates Cowles, Folk and Azinger)
March 25, 2013
; referred to the
Committee on Health and Human Resources then the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §44-10A-1, §44-10A-2,
§44-10A-3, §44-10A-4 and §44-10A-5, all relating to the
codification of a Parents' Bill of Rights.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §44-10A-1, §44-10A-2,
§44-10A-3, §44-10A-4 and §44-10A-5, all to read as follows:
ARTICLE 10A. PARENTS' BILL OF RIGHTS.
§44-10A-1. Short title.
_____This article shall be known and may be cited as the "Parents'
Bill of Rights".
§44-10A-2. Fundamental rights of parents; definition.
_____(a) The liberty of parents to direct the upbringing, education, health care and mental health of their children is a
_____(b) This state, a political subdivision of this state or other
governmental unit may not infringe on the fundamental rights
without demonstrating that a compelling governmental interest as
applied to the child involved is of the highest order, is narrowly
tailored and is not otherwise served by a less restrictive means.
_____(c) Unless a parents' fundamental rights have been legally
waived or legally terminated, parents have inalienable rights that
are more comprehensive than those identified in section three of
this article. The Parents' Bill of Rights does not prescribe all
rights of parents. Unless otherwise required by law, the rights of
parents of minor children shall not be limited or denied.
_____(d) As used in this article, "parent" means the natural or
adoptive parent or legal guardian of a minor child.
§44-10A-3. Specific parental rights.
All parental rights are reserved to a parent of a minor child
without obstruction or interference from this state, a political
subdivision of this state, other governmental entity or other
institution including, but not limited to, the following rights:
_____(1) The right to direct the education of the minor child;
_____(2) All rights of parents identified in chapter eighteen of
this code including the right to access and review all school
records relating to the minor child;
_____(3) The right to direct the upbringing of the minor child;
_____(4) The right to direct the moral or religious training of
the minor child;
_____(5) The right to make health care decisions for the minor
child unless otherwise prohibited by law;
_____(6) The right to access and review all medical records of the
minor child unless otherwise prohibited by law or the parent is the
subject of an investigation of a crime committed against the minor
child and a law-enforcement official requests that the information
not be released;
_____(7) The right to consent in writing before a biometric scan
of the minor child is made;
_____(8) The right to consent in writing before a record of the
minor child's blood or deoxyribonucleic acid (DNA) is created,
stored or shared;___
_____(9) The right to consent in writing before the state or its
political subdivisions make a video or voice recording of the minor
child unless the video or voice recording is made during or as a
part of a court proceeding, by law-enforcement officers during or
as part of a law-enforcement investigation, during or as part of a
forensic interview in a criminal or child protective services
investigation or to be used solely for any of the following:
_____(A) Safety demonstrations including the maintenance of order
and discipline in the common areas of a school or on student transportation vehicles;
_____(B) A purpose related to a legitimate academic or
_____(C) A purpose related to regular classroom instruction;
_____(D) Security or surveillance of buildings or grounds; or
_____(E) A photo identification card; and
_____(10) The right to be notified promptly if an employee of this
state, a political subdivision of this state, other governmental
entity or other institution suspects that a criminal offense has
been committed against the minor child by someone other than a
parent unless the incident has first been reported to law
enforcement and notification of the parent would impede a law
enforcement or child protective services investigation.
§44-10A-4. Limitations of article.
_____(a) This article does not authorize or allow a parent to
engage in conduct that is unlawful or to abuse or neglect a child
in violation of the laws of this state and does not apply to a
parental action or decision that would end life. This article does
not prohibit courts, law-enforcement officers or employees of a
government agency responsible for child welfare from acting in
their official capacity within the reasonable and prudent scope of
their authority, and does not prohibit a court from issuing an
order that is otherwise permitted by law.
_____(b) This article does not create a new obligation for schools to report misconduct between students at school, such as fighting
or aggressive play, that is routinely addressed as a student
disciplinary matter by the school.
§44-10A-5. Discipline of state employee for interference.
_____An attempt to encourage or coerce a minor child to withhold
information from the child's parent is grounds for discipline of an
employee of this state, a political subdivision of this state or
other governmental entity except for law-enforcement personnel.
NOTE: The purpose of this bill is to codify a Parents' Bill
This article is new; therefore, it has been completely