REFERENCE TITLE: parents' rights; private action

 

 

 

 

State of Arizona

Senate

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

SB 1363

 

Introduced by

Senator Kavanagh

 

 

 

 

 

 

 

 

An Act

 

amending title 1, chapter 6, article 1, Arizona Revised Statutes, by adding section 1-603; relating to parents' rights.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 1, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 1-603, to read:

START_STATUTE1-603. Parents' bill of rights; interference; private right of action; attorney fees and costs

A. A person shall not interfere with or usurp the fundamental right of parents to DIRECT the upbringing, education, HEALTH care and mental health of their children.

B. A parent may bring suit against a person that is based on the person violating a statutory right set forth in this chapter or engaging in any other action that interferes with or usurps the fundamental right of parents to direct the upbringing, EDUCATION, health care and mental HEALTH of their children in the superior court in the county in which the violation or other actions occurred or in federal court, if authorized by federal law. A parent may raise a violation of this chapter as a claim or a defense.

C. In an action under this section, the court shall grant declaratory and injunctive relief, compensatory damages and attorney fees and costs. END_STATUTE