Parental Rights in Minnesota
Minnesota Parental Rights News
On January 23, Representatives Ron Kresha and Josh Heintzeman introduced HF682 to propose an amendment to the Minnesota Constitution protecting parental rights in their child’s education. The bill guarantees “the liberty of a parent to direct the education of their child [as] a fundamental right to choose, as an alternative to public education, a private,…
Minnesota State Law and Parental Rights
Minnesota does not have a state statute that explicitly defines and protects parental rights as fundamental rights.
March 2018: Some Minnesota lawmakers introduced a bill (S.F. 3779) to try to address disproportionality in CPS (see this Parental Rights Foundation report for disproporitionality information by state).
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Minnesota Courts and Parental Rights
"Strict Scrutiny" Applied to Parental Rights
Soohoo v. Johnson, 731 N.W.2d 815, 821 (Minn. 2007): The MN Supreme Court held that even though "the Supreme Court in Troxel did not articulate the standard of review to be applied when reviewing third-party visitation statutes . . .Strict scrutiny is the appropriate standard of review when fundamental rights are at issue."
However, this precedent is subject to change.