The proposed bill addresses the issue of "medical kidnapping," defined as the wrongful removal of a minor child or vulnerable adult from their parent or guardian by officials such as law enforcement or social workers. It establishes that parents and guardians have the final say in medical decisions for their children or vulnerable adults, including the right to seek second opinions or decline medical interventions. The bill outlines specific scenarios that constitute medical kidnapping, such as coercion into medical treatment, removal without valid reasons, and denial of consent for medical procedures. It also stipulates that any reports of abuse or neglect must be substantiated by clear evidence before further action can be taken against the parent or guardian.

Additionally, the bill amends existing laws to include "medical kidnapping" within the definition of kidnapping and provides a private right of action for parents or guardians whose children or vulnerable adults are subjected to medical kidnapping. This includes the ability to seek restitution and recover damages. The bill also emphasizes the importance of respecting parental rights and due process in medical care decisions, ensuring that any actions taken by medical staff or officials are justified and not discriminatory. An emergency clause is included, making the act effective from July 1, 2026.

Statutes affected:
Bill Text: 18-4501