A South Dakota Senate bill that would have put “parental rights” into state law failed Thursday — one vote short of the majority needed — after opponents warned it could complicate child-abuse cases and delay emergency medical care.
Senate Bill 190, sponsored by Sen. Tamara Grove, R-Lower Brule, received 17 yes votes and 16 no votes. The Senate has 35 members, requiring 18 votes for a constitutional majority. The 17-16 vote fell one short of passage. Two senators were excused. Grove immediately gave notice she intends to seek reconsideration.
WHAT SB 190 WOULD DO
Grove told senators the bill would “codif[y] in South Dakota law that parents have the right to the upbringing of their children in the area of education and health care and mental health.” She said South Dakota does not currently have those rights spelled out in state statute.
The measure also sets a high legal bar — “strict scrutiny” — for government actions that substantially burden a parent’s rights.
Supporters framed the bill as a way to put parents first when schools, health-care providers, or state agencies make decisions involving minors.
CONCERNS: HEALTH CARE DELAYS, CHILD PROTECTION CASES
Opponents argued the bill’s wording could create unintended consequences in real-life emergencies and court-ordered child protection situations.
Sen. Helene Duhamel, R-Rapid City, said she voted against SB 190 in committee after hearing numerous concerns. She said she heard from the State’s Attorneys Association, schools, Associated Healthcare Providers, hospitals, South Dakota Medical Association, emergency medical providers, South Dakota Network, and South Dakota Advocacy for Women. She told the Senate the language could have ripple effects in abuse and neglect cases.
Sen. Sydney Davis, R-Burbank, also opposed the bill and focused on emergency medicine. Davis, a CRNA, indicated that certain provisions of the bill might cause providers to pause when a minor requires immediate assessment and a parent is unavailable.
THE VOTE AND WHAT HAPPENS NEXT
The Senate voted 17-16 in favor of SB 190, but the bill failed because it did not reach the constitutional majority of 18 votes required. The presiding officer declared the bill lost. Grove then announced her intention to reconsider the vote.
Reconsideration would require the Senate to take the bill back up on a later legislative day.
