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A.B. 146
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*AB146*
ASSEMBLY BILL NO. 146–ASSEMBLYMEMBER GALLANT
PREFILED JANUARY 29, 2025
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to the fundamental rights
of parents. (BDR 11-150)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to parentage; providing that the right of a parent to
nurture, educate and control the parent’s child is a
fundamental right and cannot be abridged on account of
disability; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law recognizes that the liberty interest of a parent in the care, custody
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and management of the parent’s child is a fundamental right, but also provides that
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this fundamental right must not be construed to: (1) authorize a parent to engage in
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unlawful conduct or to abuse or neglect a child in violation of the laws of this State;
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or (2) prohibit courts, law enforcement officers or employees of an agency which
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provides child welfare services from acting in their official capacity within the
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scope of their authority. (NRS 126.036) This bill: (1) additionally provides that the
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liberty interest of a parent to nurture, educate and control the parent’s child is a
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fundamental right; and (2) provides that this fundamental right must not be limited
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or abridged on account of disability.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 126.036 is hereby amended to read as follows:
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126.036 1. The liberty interest of a parent in the nurture,
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education, care, custody , control and management of the parent’s
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child is a fundamental right [.] recognized by the Nevada
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Constitution and the United States Constitution.
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2. Nothing in this section shall be construed to:
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*AB146*
(a) Authorize a parent to engage in any unlawful conduct or to
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abuse or neglect a child in violation of the laws of this State.
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(b) Prohibit courts, law enforcement officers or employees of an
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agency which provides child welfare services from acting in their
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official capacity within the scope of their authority.
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(c) Limit or abridge parental rights on account of disability.
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3. Except as otherwise provided by specific statute, the
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provisions of this section apply to any statute, local ordinance or
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regulation and the implementation of such statute, local ordinance
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or regulation regardless of whether such statute, local ordinance or
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regulation was adopted or effective before, on or after October 1,
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2013.
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4. As used in this section [, “agency] :
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(a) “Agency which provides child welfare services” has the
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meaning ascribed to it in NRS 432B.030.
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(b) “Disability” means, with respect to a person:
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(1) A physical or mental impairment that substantially
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limits one or more of the major life activities of the person;
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(2) A record of such an impairment; or
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(3) Being regarded as having such an impairment.
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