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HB 55

AN ACT relating to the rights of parents.

2026 Regular Session Introduced by Dan Fister

The bill enshrines custodial parents' fundamental right to make major decisions for their minor children, including care, custody, control, and phone access, restricting government

to Families & Children (H)
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Bill Summary · HB 55

Overview

HB 55 (2026RS) from Kentucky seeks to enshrine a broad protective framework for parental rights, establishing a fundamental right of parents with legal custody to make major decisions for their minor children, including decisions about care, custody, control, and the use of cellular phones. The bill frames these rights as fundamental and directs government actors to show a compelling interest and narrow tailoring when restricting them. It applies to most laws, regulations, and policies unless explicitly exempted, and allows parents to pursue relief if their rights are violated.

Main Purpose and Intent

  • To recognize and protect the fundamental rights of parents with custody to govern key aspects of their minor children’s lives.
  • To limit governmental interference in decisions about a child’s care, custody, control, and access to cellular phones.
  • To provide a procedural mechanism for parents to challenge infringements and seek attorney’s fees if successful.

Key Provisions and Changes

  • Definitions:
    • Child: Any person under 18 who is not emancipated.
    • Parent: The biological or adoptive parent or the legal guardian.
  • Core rights:
    • A custodial parent has the fundamental right and duty to make decisions regarding the child’s care, custody, and control, including the use and access to cellular phones.
  • Government restrictions:
    • The Commonwealth and political subdivisions cannot restrict or interfere with these parental rights unless the restriction serves a compelling government interest and is narrowly tailored to achieve that interest (least restrictive means).
  • Scope:
    • Applies to all laws, administrative regulations, ordinances, rules, orders, and policies of the Commonwealth and its subdivisions, current or future, with exceptions noted below.
  • Exemptions:
    • Does not apply to provisions of KRS Chapter 402 (child marriage) or allow abuse/neglect of a child under KRS Chapter 508 or KRS 600.020.
  • Legal remedies:
    • Parents can assert violations of these rights as claims or defenses in judicial proceedings and seek appropriate relief against the Commonwealth or its subdivisions.
    • If a parent prevails, they are entitled to reasonable attorney’s fees and costs.
  • Presumptions:
    • The bill does not alter the general presumption of constitutionality of laws enacted by the General Assembly.

Who Would Be Affected

  • Minor children under 18 who are not emancipated.
  • Parents with legal custody (biological, adoptive, or legal guardians) seeking to exercise and protect decision-making authority.
  • State and local governments, including agencies, and political subdivisions that administer laws, regulations, or policies affecting children and families.

Procedural and Timeline Aspects

  • Legislative path:
    • Introduced in the House on January 7, 2026. Referred to the Families & Children Committee.
  • Effective date and implementation:
    • The text does not specify an effective date; as introduced, the provisions would become operative upon enactment and would apply to current and future laws and policies unless explicitly exempted.
  • Litigation and remedies:
    • Provides a procedural avenue for parents to bring claims or defenses in court if their fundamental rights are violated, with potential recovery of attorney’s fees and costs.

Potential Impacts and Considerations

  • Strong emphasis on parental control could affect how schools, child protective services, courts, and other state actors interact with families, particularly on matters related to a child’s use of cellular phones.
  • The “compelling government interest” and “narrowly tailored” standards set a high bar for any restrictions imposed by laws or policies, potentially limiting regulatory actions aimed at child welfare, safety, or well-being.
  • Exemptions ensure that the bill does not override existing statutory protections against child abuse and neglect or certain marriage-related provisions.

Note: This summary presents the bill’s text as written in the unofficial copy. Final form, committee amendments, and enacted language may alter scope, definitions, and effects.

Compiled from official sources — confirm details with the bill’s official record.

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