House File 486 - Introduced HOUSE FILE 486 BY ANDREWS A BILL FOR An Act relating to fundamental parental rights. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2420YH (1) 90 pf/rh

H.F. 486 Section 1. NEW SECTION . 597A.1 Fundamental parental rights. 1 1. The right to direct the upbringing, rearing, 2 associations, care, education, custody, and control of a 3 parent’s child is a parent’s fundamental right. 4 2. State action infringing on or interfering with this 5 fundamental right shall be subject to strict scrutiny and shall 6 be narrowly tailored to serve a compelling state interest. 7 3. Divorce or marital status shall not diminish this 8 fundamental right, render a parent unfit, or establish a 9 compelling state interest. 10 4. A parent is presumed to be a fit parent. This 11 presumption may be overcome only by clear and convincing 12 evidence. 13 5. It is presumed that the actions of a fit parent are in 14 the best interests of the parent’s child. This presumption 15 may be overcome only by clear and convincing evidence. State 16 action to determine the best interests of the child shall not 17 be taken until the state overcomes such presumption. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill establishes fundamental rights of parents 22 relating to the upbringing, rearing, associations, care, 23 education, custody, and control of a parent’s child with 24 which state action shall not infringe or interfere without 25 meeting the strict scrutiny level of judicial review. The bill 26 provides that divorce or marital status shall not diminish 27 the fundamental right, render a parent unfit, or establish 28 a compelling state interest. A parent is presumed to be 29 a fit parent, and the presumption may be overcome only by 30 clear and convincing evidence. The bill also provides that 31 it is presumed that the actions of a fit parent are in the 32 best interests of the parent’s child; the presumption may be 33 overcome only by clear and convincing evidence; and state 34 action to determine the best interests of the child shall not 35 -1- LSB 2420YH (1) 90 pf/rh 1/ 2

H.F. 486 be taken until the state overcomes such presumption. 1 -2- LSB 2420YH (1) 90 pf/rh 2/ 2