HB 1407 IN

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Passed One Chamber

Provides that the state of Indiana, a political subdivision or other governmental entity of the state of Indiana, a government official, or any other person acting under the color of law shall not infringe on the fundamental right of a parent to direct the upbringing, education, health care, and mental health of the parent's child without demonstrating that the infringement: (1) is required by a compelling governmental interest of the highest order as long recognized in the history and traditions of the state of Indiana; and (2) as applied to the child, is narrowly tailored and not otherwise served by a less restrictive means. Creates a right of action for violation of a parent's rights with respect to the upbringing, education, and health care of the parent's child. Provides that a child is not a child in need of services due to the child's parent, guardian, or custodian: (1) referring to and raising the child consistent with the child's biological sex; or (2) declining to consent to the child receiving: (A) specified medication; (B) a medical procedure the purpose of which is to alter the apparent gender or sex of the child or affirm the child's perception of the child's gender or sex in a manner inconsistent with the child's biological sex; or (C) counseling or other mental health services the purpose of which is to affirm the child's perception of the child's gender or sex if the child's perception is inconsistent with the child's biological sex. Provides that if the juvenile court finds that a child is a child in need of services because the child substantially endangers the child's own or another's health, the court shall release the child to the child's parent, guardian, or custodian and may not enter a dispositional decree ordering removal of the child, unless: (1) the court also finds that the child is a child in need of services for another reason; or (2) the parent, guardian, or custodian consents to the child being removed from the child's home. Specifies that the parental rights and responsibilities do not: (1) authorize a parent to: (A) abuse or neglect a child; or (B) make the decision to end the child's life; or (2) prohibit a court from issuing an order that is otherwise permitted by law. Makes conforming changes.

• Dale DeVon Republican · author
• Aaron Freeman Republican · sponsor
• Stacey Donato Republican · sponsor
• Jeff Raatz Republican · sponsor

1. Jan 17, 2023 Authored by Representative DeVon · lower
2. Jan 17, 2023 First reading: referred to Committee on Family, Children and Human Affairs · lower
3. Jan 31, 2023 Representative Jeter C added as coauthor · lower
4. Jan 31, 2023 Representative Heaton added as coauthor · lower
5. Feb 6, 2023 Representative Patterson L added as coauthor · lower
6. Feb 13, 2023 Committee report: amend do pass, adopted · lower
7. Feb 16, 2023 Second reading: ordered engrossed · lower
8. Feb 20, 2023 Placed back on second reading · lower
9. Feb 21, 2023 Amendment #2 (Jeter) prevailed; voice vote · lower
10. Feb 21, 2023 Reread second time: amended, ordered engrossed · lower
11. Feb 22, 2023 Third reading: passed; Roll Call 199: yeas 58, nays 34 · lower
12. Feb 22, 2023 Senate sponsors: Senators Freeman, Donato, Raatz · lower
13. Feb 23, 2023 Referred to the Senate · lower
14. Mar 9, 2023 First reading: referred to Committee on Rules and Legislative Procedure · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Engrossed House Bill (H) · Feb 21, 2023 · PDF
• Introduced House Bill (H) · Jan 17, 2023 · PDF
• House Bill (H) · Feb 13, 2023 · PDF