Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 642
4
5 By: Senator J. Petty
6 By: Representative Furman
7
8 For An Act To Be Entitled
9 AN ACT TO CREATE THE FAMILIES' RIGHTS AND
10 RESPONSIBILITIES ACT; AND FOR OTHER PURPOSES.
11
12
13 Subtitle
14 TO CREATE THE FAMILIES' RIGHTS AND
15 RESPONSIBILITIES ACT.
16
17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. Arkansas Code Title 16, Chapter 123, is amended to add an
20 additional subchapter to read as follows:
21 Subchapter 7 -- Families' Rights and Responsibilities Act
22
23 16-123-701. Title.
24 This subchapter shall be known and may be cited as the "Families'
25 Rights and Responsibilities Act".
26
27 16-123-702. Legislative intent.
28 It is the intent of the General Assembly to:
29 (1) Codify the strict scrutiny standard set forth in Linder v.
30 Linder, 348 Ark. 322, 348, 72 S.W.3d 841, 855 (2002) and to guarantee the
31 application of the strict scrutiny standard in all cases in which the
32 fundamental right of a parent is substantially burdened; and
33 (2) Provide a claim or defense to a parent whose fundamental
34 right is substantially burdened.
35
36 16-123-703. Definitions.
*LJH293* 04/10/2025 12:23:20 PM LJH293
SB642
1 As used in this subchapter:
2 (1) "Biometric data":
3 (A) Means data generated by automatic measurements of an
4 individual's biological characteristics, including without limitation a
5 fingerprint, a voiceprint, eye retina or iris detection or tracking, data
6 relative to analysis of facial expressions, electroencephalogram brain wave
7 patterns, skin conductance, galvanic skin response, heart-rate variability,
8 pulse, blood volume, posture, or other unique biological pattern or
9 characteristic that is used to identify a specific individual; and
10 (B) Does not include:
11 (i) A physical or digital photograph;
12 (ii) A video recording or an audio recording, or
13 data generated from a video recording or an audio recording;
14 (iii) Information collected, used, or stored for
15 healthcare treatment, payment, or operations under the Health Insurance
16 Portability and Accountability Act of 1996, 42 U.S.C. � 1320d et seq., as it
17 existed on January 1, 2025; or
18 (iv) Data or information collected, used, or stored
19 for law enforcement purposes;
20 (2) "Child" means an unemancipated person who has not attained
21 eighteen (18) years of age;
22 (3) "Compelling governmental interest" means a government
23 interest of the highest order as long-recognized in the history and
24 traditions of this state that is necessary to advance a vital interest and
25 cannot otherwise be achieved without burdening the exercise of the
26 fundamental rights of a parent;
27 (4) "Decision-making authority" means the power granted by the
28 state to a person who is not the parent of a child to make important
29 decisions regarding the child, including without limitation decisions
30 regarding the child's education, religious training, health care,
31 extracurricular activities, and travel;
32 (5) "Government" means a branch, department, agency,
33 instrumentality, political subdivision, official, or other person acting
34 under color of state law or using any instrumentality of the state to enforce
35 a law, regulation, rule, or policy of the state or any political subdivision
36 of the state;
2 04/10/2025 12:23:20 PM LJH293
SB642
1 (6) "Non-emergency first aid" includes without limitation
2 dressing minor wounds, applying topical agents, providing fluids or ice, and
3 performing checks to identify minor illnesses; and
4 (7) "Parent" means a legal parent or an individual who has been
5 granted decision-making authority over a child under state law.
6
7 16-123-704. Parental rights protected.
8 (a) The liberty of a parent to the care, custody, and control of the
9 parent's child, including without limitation the right to direct the
10 upbringing, education, health care, and mental health of the child, is a
11 fundamental right.
12 (b) The government shall not substantially burden the fundamental
13 right of a parent provided under this section unless it is demonstrated that
14 the burden, as applied to the parent and the child, is:
15 (1) Essential to further a compelling governmental interest; and
16 (2) The least restrictive means of furthering that compelling
17 governmental interest.
18 (c) All parental rights are exclusively reserved to a parent of a
19 child without obstruction by or interference from the government, including
20 without limitation the right and responsibility to:
21 (1) Direct the:
22 (A) Upbringing of the child;
23 (B) Moral or religious training of the child; and
24 (C) Education of the child, including without limitation
25 the right to choose a public, private, religious, or home school, or
26 combination thereof, and the right to make reasonable choices within a public
27 school for the education of the child, including without limitation those
28 choices protected by � 6-15-1702;
29 (2) Make all physical and mental healthcare decisions for the
30 child and consent to all physical and mental health care on the child's
31 behalf;
32 (3) Access and review all:
33 (A) Health and medical records of the child; and
34 (B) Educational records of the child maintained by a
35 school;
36 (4) Have the child excused from school attendance for religious
3 04/10/2025 12:23:20 PM LJH293
SB642
1 purposes;
2 (5) Participate in parent-teacher associations or organizations
3 and other school-sanctioned groups that foster parental and community
4 involvement within the child's school;
5 (6) Be notified promptly if an employee of the government
6 reasonably believes that child maltreatment of or any criminal offense has
7 been committed against the child by someone other than the parent, unless:
8 (A) Notification under this subdivision (c)(6) would
9 interfere with:
10 (i) An investigation by the Department of Human
11 Services under the Arkansas Juvenile Code of 1989, � 9-27-301 et seq.;
12 (ii) An investigation by the Division of Arkansas
13 State Police under the Child Maltreatment Act, � 12-18-101 et seq.; or
14 (iii) A criminal investigation; or
15 (B) The employee of the government is required by law to
16 withhold the information concerning the alleged child maltreatment or
17 criminal offense committed against the child by someone other than the
18 parent;
19 (7) Consent to the:
20 (A) Collection, storing, or sharing of any biometric data
21 of the child before the collection, storing, or sharing of any individual
22 biometric data of the child takes place; and
23 (B) Creation, storage, or sharing of any record of the
24 child's blood or DNA before the record is created, stored, or shared, unless
25 authorized by law or a court order; and
26 (8) Making of a video recording or voice recording of the child
27 before the government makes a video or voice recording of the child, unless
28 the video recording or voice recording is made during or as a part of:
29 (A) A court proceeding;
30 (B) A law enforcement interaction;
31 (C) A forensic interview in:
32 (i) An investigation by the Department of Human
33 Services under the Arkansas Juvenile Code of 1989, � 9-27-301 et seq.;
34 (ii) An investigation by the Division of Arkansas
35 State Police under the Child Maltreatment Act, � 12-18-101 et seq.; or
36 (iii) A criminal investigation;
4 04/10/2025 12:23:20 PM LJH293
SB642
1 (D) The security or surveillance of buildings or grounds;
2 (E) A photo identification card; or
3 (F) A public event where the child has no reasonable
4 expectation of privacy.
5 (d) This section does not authorize or allow any individual to:
6 (1) Subject a child to abuse or neglect as defined in � 9-27-303
7 or � 12-18-103; or
8 (2) Otherwise cause a child to be a dependent-neglected juvenile
9 as defined in � 9-27-303 or subject a child to child maltreatment as defined
10 in � 12-18-103.
11 (e) A parent's rights under subdivision (c)(3) of this section are not
12 violated when:
13 (1) A parent of a child has given consent authorizing a
14 healthcare institution or a healthcare provider to administer health care to
15 that parent's child;
16 (2) An agent of the government or any other person reasonably
17 relies in good faith on an individual's representations that the individual
18 is the parent of a minor or has otherwise been granted authority to make
19 healthcare decisions regarding a minor's care under state law;
20 (3) A person assists a child under � 17-95-101, otherwise known
21 as the "Good Samaritan" law; or
22 (4) A person acts reasonably to render appropriate, non-
23 emergency first aid to a minor appearing or represented to be sick or
24 injured.
25
26 16-123-705. Remedies for violations.
27 (a) A parent whose rights have been substantially burdened or will be
28 substantially burdened in violation of this subchapter may:
29 (1) Assert a violation or an impending violation of this
30 subchapter as a claim or defense in a judicial or administrative proceeding,
31 regardless of whether the government is a party to the proceeding; and
32 (2) Obtain appropriate relief against the government, including
33 without limitation:
34 (A) Declaratory relief;
35 (B) Injunctive relief;
36 (C) Compensatory damages; and
5 04/10/2025 12:23:20 PM LJH293
SB642
1 (D) Reasonable attorney's fees and costs.
2 (b) An action under this subchapter may be commenced and relief may be
3 granted regardless of whether the person commencing the action has sought or
4 exhausted all available administrative remedies.
5
6 16-123-706. Construction and applicability.
7 (a) This subchapter applies to all state law and the implementation of
8 state law, whether statutory or otherwise, and whether the state law is
9 adopted before or after the effective date of this act.
10 (b) State statutes adopted after the effective date of this act are
11 subject to this subchapter unless the state statute explicitly excludes
12 application by reference to this subchapter.
13 (c) This subchapter does not authorize the government to burden the
14 fundamental rights of a parent.
15
16 16-123-707. Interpretation.
17 (a) The protections of the fundamental rights of a parent afforded by
18 this subchapter are in addition to the protections provided by the Arkansas
19 Constitution, the United States Constitution, and other state and federal
20 law.
21 (b) This subchapter favors a broad protection of the fundamental
22 rights of a parent to the custody, care, and control of his or her child,
23 including without limitation the right to direct the upbringing, education,
24 health care, and mental health of his or her child, to the maximum extent
25 permitted by the Arkansas Constitution and the United States Constitution.
26 (c) This subchapter does not grant any person a right to access any
27 surgical or medical treatment or procedure that has been prohibited by state
28 law.
29 (d) The enumeration of parental rights in this subchapter do not
30 abridge any additional parental rights codified or recognized under
31 applicable law or to prohibit the recognition of additional parental rights.
32
33
34
35
36
6 04/10/2025 12:23:20 PM LJH293Every fact on this page links to its source, starting with the official bill record.