A bill codifying fundamental parental rights passed a House committee.
Supporters say it limits the state’s ability to infringe on parents’ rights. But opponents argue it’s vague and could have unintended consequences.
The bill is making a comeback from 2022, when the same bill was killed in the Senate Judiciary Committee.
In 2022, Tamara Grove said she was a concerned parent asking her legislator to bring forth a bill to reinforce her rights. Now, the Lower Brule Reservation resident is sponsoring the bill as her district’s Senator.
“It gives the average parent who’s not a problem, who’s not out there doing crazy stuff, but just an average parent," Grove said. "It gives us an ability to pull into codified law and say, ‘This is under strict scrutiny, so kinda slow your roll a little bit when you’re talking about messing with my kids."
The Department of Social Services opposes the bill – saying it could lead to complications for parents who abuse and neglect their children. The department and Grove discussed an amendment to absolve the issue, but she resisted that.
Grove said there should be a “rub” between the parental rights and the government.
“You’re talking about the government coming in and saying, ‘I’m gonna do this thing,’ and you’re the parent of this child," Grove said. "There’s nobody that knows this child better than you. And so, there should be that pause where they have to say, ‘Now look, is this going to line up when I look at strict scrutiny.’ And if, if it doesn’t, then maybe we can talk things through."
Rep. Tim Reisch voted no on the bill in the House State Affairs Committee. He said although he respectfully doesn’t believe the bill actually accomplishes anything, he believes it needs safeguards.
“There are cases when children are abused or neglected in the home, and I just was concerned about how Senate Bill 113 might conflict with the duties that law enforcement and the Department of Social Services need to do in the conduct of their responsibilities,” Reisch said.
Rep. Reisch added that he plans to amend the bill on the House floor to apply similar language to what DSS proposed to Grove.
