Nevada AB 146: Revises provisions relating to the fundamental rights of parents. (BDR 11-150)

Bill Text

A.B. 146
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ASSEMBLY BILL NO. 146–ASSEMBLYMEMBER GALLANT

PREFILED JANUARY 29, 2025
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Referred to Committee on Judiciary

SUMMARY—Revises provisions relating to the fundamental rights
of parents. (BDR 11-150)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to parentage; providing that the right of a parent to
nurture, educate and control the parent’s child is a
fundamental right and cannot be abridged on account of
disability; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law recognizes that the liberty interest of a parent in the care, custody 1
and management of the parent’s child is a fundamental right, but also provides that 2
this fundamental right must not be construed to: (1) authorize a parent to engage in 3
unlawful conduct or to abuse or neglect a child in violation of the laws of this State; 4
or (2) prohibit courts, law enforcement officers or employees of an agency which 5
provides child welfare services from acting in their official capacity within the 6
scope of their authority. (NRS 126.036) This bill: (1) additionally provides that the 7
liberty interest of a parent to nurture, educate and control the parent’s child is a 8
fundamental right; and (2) provides that this fundamental right must not be limited 9
or abridged on account of disability. 10

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 126.036 is hereby amended to read as follows: 1
126.036 1. The liberty interest of a parent in the nurture, 2
education, care, custody , control and management of the parent’s 3
child is a fundamental right [.] recognized by the Nevada 4
Constitution and the United States Constitution. 5
2. Nothing in this section shall be construed to: 6

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(a) Authorize a parent to engage in any unlawful conduct or to 1
abuse or neglect a child in violation of the laws of this State. 2
(b) Prohibit courts, law enforcement officers or employees of an 3
agency which provides child welfare services from acting in their 4
official capacity within the scope of their authority. 5
(c) Limit or abridge parental rights on account of disability. 6
3. Except as otherwise provided by specific statute, the 7
provisions of this section apply to any statute, local ordinance or 8
regulation and the implementation of such statute, local ordinance 9
or regulation regardless of whether such statute, local ordinance or 10
regulation was adopted or effective before, on or after October 1, 11
2013. 12
4. As used in this section [, “agency] : 13
(a) “Agency which provides child welfare services” has the 14
meaning ascribed to it in NRS 432B.030. 15
(b) “Disability” means, with respect to a person: 16
(1) A physical or mental impairment that substantially 17
limits one or more of the major life activities of the person; 18
(2) A record of such an impairment; or 19
(3) Being regarded as having such an impairment. 20

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