2023 South Dakota Legislature

House Bill 1237

An Act to codify the fundamental right of a parent.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 1-1A be amended with a NEW SECTION:

The liberty interest of a parent in the nurture, upbringing, education, care, custody, and control of the parent's child is a fundamental right. No agency or officer of this state, nor any agency or officer of any subdivision of this state, shall infringe upon the fundamental right of a parent unless the infringement is narrowly tailored to meet a compelling governmental interest by the least restrictive means as provided by law.