South Carolina S 651: Office of Parental Rights

Bill Text

2025-2026 Bill 651 Text of Previous Version (May. 07, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 651

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 
35 TO TITLE 1, SO AS TO ESTABLISH THE OFFICE OF PARENTAL RIGHTS IN THE 
EXECUTIVE OFFICE OF THE GOVERNOR; TO DEFINE "PARENT"; TO PROHIBIT THE STATE 
FROM INFRINGING ON THE FUNDAMENTAL RIGHTS OF A PARENT TO DIRECT THE UPBRINGING, 
EDUCATION, HEALTHCARE, AND MENTAL HEALTHCARE OF THE PARENT'S MINOR CHILD; AND 
TO PROVIDE THAT THE OFFICE OF PARENTAL RIGHTS SHALL INVESTIGATE COMPLAINTS FROM 
PARENTS CONCERNING UNLAWFUL GOVENMENTAL INFRINGEMENT OF THEIR PARENTAL RIGHTS 
AND TO PROVIDE THAT THE OFFICE SHALL REMEDY VIOLATIONS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Title 1 of the S.C. Code is amended by adding:

CHAPTER 35

Office of Parental Rights

 Section 
1-35-10. There is created within the executive office of the Governor, the 
Office of Parental Rights which shall investigate allegations that state or 
local officials have violated parental rights. If criminal activity is 
discovered during an investigation, then the office shall refer its findings to 
the local solicitor or the Attorney General for further investigation and 
prosecution when warranted.

 Section 
1-35-20. For the purposes of this chapter, "parent" means a person who has 
legal custody of a minor as a natural or adoptive parent or a legal guardian.

 Section 
1-35-30. (A) The State and its 
political subdivisions may not infringe on the fundamental rights of a parent 
to direct the upbringing, education, healthcare, and mental health of his minor 
child without demonstrating that such action is reasonable and necessary to 
achieve a compelling state interest and that such action is narrowly tailored 
and is not otherwise served by a less restrictive means.

 (B) All 
parental rights are reserved to the parent of a minor in this state without 
obstruction or interference from the state, any of its political subdivisions, 
any other governmental entity, or any other institution, including, but not 
limited to, the right to:

 (1) 
direct the minor's education and care;

 (2) 
direct the minor's upbringing and moral or religious training;

 (3) 
access and review all his minor's school records;

 (4) 
make the minor's healthcare decisions, including the right to provide prior 
consent to medical procedures except in emergency situations where the life of 
the minor is at risk; and

 (5) 
access and review all of his minor's healthcare records unless the parent is 
the subject of a criminal investigation related to a crime committed against 
the minor and a court prohibits the release of the records.

 (C) The 
provisions of this section do not:

 (1) 
authorize a parent to engage in conduct that is unlawful or to abuse or neglect 
his minor in violation of general law;

 (2) 
condone, authorize, approve, or apply to a parental action or decision that 
would end life;

 (3) 
prohibit a court of competent jurisdiction, law enforcement officer, or 
employees of a government agency that is responsible for child welfare from 
acting in his official capacity within the reasonable and prudent scope of his 
authority; or

 (4) 
prohibit a court of competent jurisdiction from issuing an order that is 
otherwise permitted by law.

 Section 
1-35-40. (A) The office may commence 
an investigation on the filing of a verified complaint by a parent that his 
parental rights have been violated. The verified complaint must identify the 
name of the person, agency, or political subdivision who allegedly violated 
complainant's parental rights, and a detailed explanation of the alleged 
violation. A copy of the complaint must be forwarded to the person, agency, or 
political subdivision against whom the complaint was filed.

 (1) 
If the office determines that the complaint does not allege facts sufficient to 
constitute a violation, then the office must dismiss the complaint and notify 
the complainant and the respondent.

 (2) 
If the office determines that the complaint alleges facts sufficient to 
constitute a violation, then an investigation of the complaint must be 
conducted.

 (B) In 
conducting an investigation, the office's director may order testimony to be 
taken in any investigation or hearing by deposition before a person who is 
designated by the commission and has the power to administer oaths and, in 
these instances, to compel testimony. The director may administer oaths and 
affirmation for the testimony of witnesses and issue subpoenas, subject to 
judicial enforcement, and issue subpoenas for the procurement of witnesses and 
materials including books, papers, records, documents, or other tangible 
objects relevant to the