Senator MICHAEL J. DOHERTY
District 23 (Hunterdon, Somerset and Warren)
Declares the rights of a parent to be fundamental and not subject to infringement by the State absent compelling need.
CURRENT VERSION OF TEXT
An Act concerning the rights of parents and supplementing Title 9 of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Parental Rights Protected.
It is a natural and fundamental right of a parent to direct the upbringing, education, and care of their child. This right shall not be infringed absent clear and convincing evidence that the need therefor is compelling.
2. Applicability a. The provisions of P.L. c. (C. ) (pending before the Legislature as this bill) shall apply to all laws of this State, whether statutory or otherwise, and whether enacted before or after this act.
b. Laws enacted after the date of P.L. c. (C. ) (pending before the Legislature as this bill) are subject to the provisions of this act unless such law explicitly excludes such application.
3. This act shall take effect immediately.
This bill declares the rights of parents to direct the upbringing, education, and care of their child. Under the bill, the rights of parents shall not be infringed by the State absent clear and convincing evidence that the governmental interest as applied to the person is not otherwise served.