Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0358.01 Jane Ritter x4342 HOUSE BILL 16-1110 HOUSE SPONSORSHIP Neville P., Humphrey, Priola, Saine, Van Winkle, Ransom, Landgraf, Klingenschmitt, Everett, Lundeen, Windholz, Carver, Joshi, Navarro SENATE SPONSORSHIP Neville T., Marble, Holbert House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning a parent's bill of rights. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill establishes a liberty interest and fundamental right for parents in the care, custody, and control of a parent's child, restricting governmental entities from infringing on such interests and rights without demonstrating a compelling governmental interest that cannot be accomplished through less restrictive means. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 16 to title 14 as follows: ARTICLE 16 Parent's Bill of Rights 14-16-101. Short title. The short title of this article is the "Parent's Bill of Rights". 14-16-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Minor child" means a person seventeen years of age or younger. (2) "Parent" means the natural or adoptive parent or legal guardian of a minor child. 14-16-103. Parental rights reserved - exceptions - application. (1) The liberty interests of a parent in the care, custody, and control of the parent's child are a fundamental right. (2) Neither the state nor any political subdivision of this state, nor any other governmental entity, may infringe on these rights without demonstrating that the governmental entity's compelling governmental interest as applied to the parent is of the highest order and cannot otherwise be served through less restrictive means. (3) Nothing in this article is construed to prohibit a court, law enforcement officer or agency, or employee of any state, county, city or county, or municipal agency that provides child welfare services from acting in the entity's or individual's official capacity within the scope of the entity's or individual's authority. (4) Notwithstanding any provision of law to the contrary, the provisions of this article apply to any statute, agency rule, or local ordinance and the implementation of such statute, agency rule, or local ordinance. SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2016, if adjournment sine die is on May 11, 2016); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.