Bill Description

AN ACT relating to parental rights; providing a civil cause of action for infringement of parental rights; creating an exception to governmental immunity; waiving governmental claims notice requirements; and providing for an effective date.

Notes

This legislative bill represents a significant and empowering step forward in safeguarding parental rights in Wyoming by introducing targeted amendments to existing statutes. At its core, the bill addresses a critical gap in the current legal framework: the lack of effective recourse for parents when governmental entities violate their fundamental rights under W.S. 14-2-206. Without these changes, parents are often left powerless against state overreach, as governmental immunity and procedural hurdles in the Wyoming Governmental Claims Act (WGCA) can shield entities from accountability. The new language thoughtfully dismantles these barriers, creating a streamlined pathway for parents to seek justice, thereby strengthening family autonomy, promoting governmental accountability, and ensuring that parental rights are not just theoretical but enforceable.

The creation of W.S. 1-39-125 is a straightforward yet powerful addition: "A governmental entity is liable for damages resulting from a violation of W.S. 14-2-206." This language explicitly holds state agencies, political subdivisions, and their employees accountable for infringing on parental rights, such as decisions related to a child's upbringing, education, or medical care as outlined in the existing parental rights statute.

This is a game-changer for accessibility. Previously, the WGCA's broad immunity could deter or dismiss valid claims, leaving parents without remedy. By carving out this exception, the bill levels the playing field, allowing parents to pursue claims without the insurmountable hurdle of sovereign immunity. It reinforces the principle that no entity is above the law when it comes to core family rights, encouraging proactive compliance from public officials and ultimately benefiting society by upholding constitutional values like due process and family integrity.

 Bureaucratic red tape often discourages litigation, especially for everyday parents who may not have legal expertise or resources. By waiving these procedural mandates, the bill makes the justice system more user-friendly and timely, ensuring that violations can be addressed promptly without fear of technical dismissals. This democratizes access to the courts, particularly for families in urgent situations (e.g., school policies infringing on parental consent), and signals a commitment to prioritizing substance over form when fundamental rights are at stake.

Overall, this bill is a proactive, parent-centered reform that closes a glaring loophole in Wyoming's legal protections. By focusing on recourse—through liability, exceptions to immunity, procedural ease, and robust remedies—it not only rectifies the current "nothing parents can do" scenario but also prevents future violations by promoting accountability.  It would greatly enhance Wyoming's reputation as a defender of individual liberties and family values.