HB 1407 Indiana House · 2023 Regular Session

Parental rights.

Summary
Provides that the state of Indiana, a political subdivision or other governmental entity of the state of Indiana, a government official, or any other person acting under the color of law shall not infringe on the fundamental right of a parent to direct the upbringing, education, health care, and mental health of the parent's child without demonstrating that the infringement: (1) is required by a compelling governmental interest of the highest order as long recognized in the history and traditions of the state of Indiana; and (2) as applied to the child, is narrowly tailored and not otherwise served by a less restrictive means. Creates a right of action for violation of a parent's rights with respect to the upbringing, education, and health care of the parent's child. Provides that a child is not a child in need of services due to the child's parent, guardian, or custodian: (1) referring to and raising the child consistent with the child's biological sex; or (2) declining to consent to the child receiving: (A) specified medication; (B) a medical procedure the purpose of which is to alter the apparent gender or sex of the child or affirm the child's perception of the child's gender or sex in a manner inconsistent with the child's biological sex; or (C) counseling or other mental health services the purpose of which is to affirm the child's perception of the child's gender or sex if the child's perception is inconsistent with the child's biological sex. Provides that if the juvenile court finds that a child is a child in need of services because the child substantially endangers the child's own or another's health, the court shall release the child to the child's parent, guardian, or custodian and may not enter a dispositional decree ordering removal of the child, unless: (1) the court also finds that the child is a child in need of services for another reason; or (2) the parent, guardian, or custodian consents to the child being removed from the child's home. Specifies that the parental rights and responsibilities do not: (1) authorize a parent to: (A) abuse or neglect a child; or (B) make the decision to end the child's life; or (2) prohibit a court from issuing an order that is otherwise permitted by law. Makes conforming changes.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2023
Committee Review
Feb 2023
House Passage
Feb 2023
Senate Passage
Governor
Introduced Jan 17, 2023 Last action Mar 9, 2023
Floor votes · House Feb 22, 2023

How they voted

5630
Passed · 8 other
Total votes 94
Feb 22, 2023
D Democratic26
24 Nay 2
92% Nay
I Independent1
1 Nay
100% Nay
R Republican67
56 Yea 5 Nay 6
83% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
14
Key actions
3
Committee
1
Amendments
1
Feb 22, 2023
Lower · Passed
Third reading: passed; Roll Call 199: yeas 58, nays 34
lower
Feb 21, 2023
Lower · Passed
Amendment #2 (Jeter) prevailed; voice vote
lower
Feb 13, 2023
Lower · Passed
Committee report: amend do pass, adopted
lower
4 primary · 3 co-sponsors

Sponsors