SB 190: codify the rights of a parent. - South Dakota

Senate Engrossed → House State Affairs Engrossed · 6 edits · Feb 25, 2026

MODERATE

The bill was converted from a draft format to an official legislative text format, establishing new sections in Title 26 of the South Dakota Code that codify parental rights regarding minor children's upbringing, education, healthcare, and religious training. The changes transform the document from a browser compatibility notice into actual legislative language defining specific parental rights and state agency limitations.

Scope change

The bill's scope expanded from a non-functional browser notice to comprehensive legislative text establishing new statutory sections (26.713.12 through 26.713.16) that define parental rights and limit state agency actions regarding minors.

REQUIREMENT

New Section 1 establishes that state agencies cannot substantially burden parental rights without demonstrating a compelling governmental interest and using the least restrictive means.

New Section 2 defines specific parental rights including direction of upbringing, moral/religious training, healthcare decisions, medical record access, education direction, school record access, religious school exemptions, and participation in school organizations.

New Section 2 adds protections for biometric scans, blood/DNA records, and audio/video recordings of minors with consent requirements and specific exceptions for law enforcement and public events.

New Section 3 prohibits state employees from encouraging minors to withhold information from parents or withholding relevant health information from parents.

New Section 4 requires consent from parents before various medical procedures, examinations, mental health evaluations, treatments, or prescription medications are performed on minors.

New Section 5 provides exceptions to Section 4 for emergency medical care and situations where parents have authorized other individuals to make healthcare decisions.

Senate Judiciary Engrossed → Senate Engrossed · 5 edits · Feb 18, 2026

MODERATE

This diff shows the transition from a browser compatibility warning page to the actual text of Senate Bill 190, which establishes new state laws protecting parental rights in child-rearing decisions. The bill adds six new sections to Title 26 of the South Dakota Code, creating comprehensive protections for parents' rights over their minor children's upbringing, education, healthcare, and privacy.

Scope change

The bill significantly expands state law by adding six new sections to Title 26, creating new statutory protections for parental rights that did not previously exist in codified form.

REQUIREMENT

Establishes that state agencies cannot burden parental rights without demonstrating a compelling governmental interest and using the least restrictive means.

Creates 12 specific parental rights including directing upbringing, moral/religious training, healthcare decisions, medical record access, education decisions, school record access, religious school exemptions, and consent requirements for biometric scans, genetic records, and recordings.

Prohibits state employees from encouraging children to withhold information from parents, except during criminal investigations.

Requires parental consent before most medical procedures, examinations, mental health evaluations, treatments, and prescription medications.

EXCEPTIONS

Allows physicians to provide emergency care or treatment without parental consent in specific circumstances, including when authorized by existing law or when the child is accompanied by someone with parental authorization.

Introduced → Senate Judiciary Engrossed · 6 edits · Feb 10, 2026

MODERATE

This document shows the transformation of a webpage loading screen into the full text of Senate Bill 190, which establishes new parental rights in South Dakota. The bill creates comprehensive protections for parents' rights regarding their minor children's upbringing, education, healthcare, and privacy. This is a substantive policy change that adds entirely new legislation rather than modifying existing law.

Scope change

The bill adds six new sections to a new chapter in Title 26 of the South Dakota Code, creating entirely new legal provisions for parental rights that did not previously exist in codified form.

REQUIREMENT

Establishes that state agencies cannot burden parental rights without demonstrating a compelling governmental interest and using the least restrictive means.

Creates twelve specific parental rights including control over upbringing, moral/religious training, healthcare decisions, medical record access, education decisions, and consent for biometric scans, genetic records, and recordings.

Prohibits state employees from encouraging or coercing children to withhold information from parents, except during criminal investigations.

Requires parental consent before surgical procedures, medical examinations, mental health evaluations, mental health treatment, or prescription medications, with exceptions for emergencies.

Allows state agencies to act without parental consent only when unable to contact parents and when necessary to prevent imminent physical injury or death of the child.

DEFINITION

References existing abuse and neglect definitions from § 26-8A-2 and prohibits parents from abusing or neglecting children or ending their lives.

codify the rights of a parent.

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