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House File 819 - IntroducedA Bill ForAn Act 1relating to fundamental parental rights.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 597A.1 Fundamental parental rights.
21. The right to direct the upbringing, rearing,
3associations, care, education, custody, and control of a
4parent’s child is a parent’s fundamental right.
52. State action infringing on or interfering with this
6fundamental right shall be subject to strict scrutiny and shall
7be narrowly tailored to serve a compelling state interest.
83. Divorce or marital status shall not diminish this
9fundamental right, render a parent unfit, or establish a
10compelling state interest.
114. A parent is presumed to be a fit parent. This
12presumption may be overcome only by clear and convincing
13evidence.
145. It is presumed that the actions of a fit parent are in
15the best interests of the parent’s child. This presumption
16may be overcome only by clear and convincing evidence. State
17action to determine the best interests of the child shall not
18be taken until the state overcomes such presumption.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill establishes fundamental rights of parents
23relating to the upbringing, rearing, associations, care,
24education, custody, and control of a parent’s child with
25which state action shall not infringe or interfere without
26meeting the strict scrutiny level of judicial review. The bill
27provides that divorce or marital status shall not diminish
28the fundamental right, render a parent unfit, or establish
29a compelling state interest. A parent is presumed to be
30a fit parent, and the presumption may be overcome only by
31clear and convincing evidence. The bill also provides that
32it is presumed that the actions of a fit parent are in the
33best interests of the parent’s child; the presumption may be
34overcome only by clear and convincing evidence; and state
35action to determine the best interests of the child shall not
-1-1be taken until the state overcomes such presumption.
-2-pf/rh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 597A.1 Fundamental parental rights.
21. The right to direct the upbringing, rearing,
3associations, care, education, custody, and control of a
4parent’s child is a parent’s fundamental right.
52. State action infringing on or interfering with this
6fundamental right shall be subject to strict scrutiny and shall
7be narrowly tailored to serve a compelling state interest.
83. Divorce or marital status shall not diminish this
9fundamental right, render a parent unfit, or establish a
10compelling state interest.
114. A parent is presumed to be a fit parent. This
12presumption may be overcome only by clear and convincing
13evidence.
145. It is presumed that the actions of a fit parent are in
15the best interests of the parent’s child. This presumption
16may be overcome only by clear and convincing evidence. State
17action to determine the best interests of the child shall not
18be taken until the state overcomes such presumption.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill establishes fundamental rights of parents
23relating to the upbringing, rearing, associations, care,
24education, custody, and control of a parent’s child with
25which state action shall not infringe or interfere without
26meeting the strict scrutiny level of judicial review. The bill
27provides that divorce or marital status shall not diminish
28the fundamental right, render a parent unfit, or establish
29a compelling state interest. A parent is presumed to be
30a fit parent, and the presumption may be overcome only by
31clear and convincing evidence. The bill also provides that
32it is presumed that the actions of a fit parent are in the
33best interests of the parent’s child; the presumption may be
34overcome only by clear and convincing evidence; and state
35action to determine the best interests of the child shall not
-1-1be taken until the state overcomes such presumption.
-2-pf/rh