Families’ Rights and Responsibilities Act
Sponsored By: Senator Scott, Tim [R-SC]
Introduced
Summary
Makes parental control over a child's education, moral upbringing, and health care a protected, fundamental right. It would sharply limit federal actions that "substantially burden" parental decisions unless the government shows a compelling interest and uses the least restrictive means.
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- Parents and families: Clarifies parents' authority to direct education, moral or religious upbringing, and health care decisions, including access to and consent for their child's medical records.
- Children and safety: Carves out an exception when parental actions would cause serious physical injury or end a child's life.
- Federal programs and agencies: Applies to every federal law and its implementation and would constrain federal actions that withhold benefits, impose penalties, or otherwise burden parental choices unless narrowly justified.
- Courts and legal remedies: Lets parents bring claims or defenses in federal or state court or in administrative tribunals and permits recovery of attorneys' fees in appropriate cases.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Parental rights apply to all federal laws
If enacted, the bill would make this Act apply to every federal law and to how agencies implement those laws. Courts and agencies would be told to interpret the Act broadly to protect parental rights. Federal laws passed later would be subject to this Act unless they explicitly say they do not apply. These rules would take effect upon enactment.
Stronger parental rights and definitions
If enacted, parents would have a fundamental liberty to direct their child's upbringing, education, and health care. The bill would define key terms like "parent," "child," "government," and "substantial burden," and say that a substantial burden can include withholding benefits, penalties, or exclusion from programs. The government could not substantially burden these rights unless it shows a compelling interest of the highest order and uses the least restrictive means. Parents could raise violations as claims or defenses in state or federal court. The bill would not protect parental actions that would seriously injure or kill a child.
Attorneys' fees for parental rights suits
If enacted, the bill would add the Families' Rights and Responsibilities Act to federal fee-shifting rules. Prevailing parties in lawsuits or administrative adjudications under the Act could be considered for attorneys' fees under existing federal statutes. This change would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Scott, Tim [R-SC]
SC • R
Cosponsors
Sen. Lankford, James [R-OK]
OK • R
Sponsored 1/23/2025
Sen. Cramer, Kevin [R-ND]
ND • R
Sponsored 1/23/2025
Sen. Barrasso, John [R-WY]
WY • R
Sponsored 1/23/2025
Sen. Kennedy, John [R-LA]
LA • R
Sponsored 1/27/2025
Sen. Banks, Jim [R-IN]
IN • R
Sponsored 2/25/2025
Sen. Budd, Ted [R-NC]
NC • R
Sponsored 7/21/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov