JEFFERSON CITY, Mo. – Sen. Kurt Schaefer, R-Columbia, has introduced a measure which he hopes will result in a constitutional amendment to protect parental rights.
Senate Joint Resolution 38 declares that every parent has a fundamental right to exercise control over all aspects of their minor children’s lives without governmental interference. Also included in SJR 38 is the guarantee that every parent should have the right to choose which setting is most appropriate for the education of their child.
The proposed resolution also declares government entities would be required to obtain explicit permission from a parent before soliciting or sharing information obtained from a minor child about the child or family. Information gained through criminal investigation or through the child’s knowledge of academic subjects learned through the public school system are exempt from the permission requirement.
The proposed amendment does not grant rights to parent that would threaten or endanger the minor child, nor does it permit a parent to compel a minor child to have an abortion in any circumstance.
Some circumstances in which government interference with parental rights are allowed include when a child is being protected from harm, when a parent has been found abusive or neglectful of a minor child, when a parent is physically or mentally incapable adequate care and when a court has assumed jurisdiction over a minor charged with criminal activity, among others.
The resolution also states any parents whose rights have been adversely affected are able to challenge the constitutionality of the law, policy or governmental act and will be allowed to seek damages and attorney’s fees.
Rachael Herndon was the editor at The Missouri Times and also produced This Week in Missouri Politics, published Missouri Times Magazine, and co-hosted the #MoLeg podcast. She joined The Missouri Times in 2014, returning to political reporting after working as a campaign and legislative staffer.
Rachael studied at the University of Missouri – Columbia. She lives in Jefferson City with her husband, Brandon, and their two children.