Bill
AB 146
Affirms parental liberty as a fundamental right in Nevada and U.S. constitutions and prohibits abridgment due to disability, with safeguards for safety and officials.
Status
- Introduced: January 2025 (as prefiled).
- Final procedural status: Placed on inactive file / no further action allowed (per Joint Standing Rule No. 14.3.1).
- Fiscal note: May have fiscal impact on local government; effect on the State: yes.
Summary — main purpose
- AB 146 proposes to amend NRS 126.036 to (1) expressly state that a parent’s liberty interest in the nurture, education, care, custody, control and management of the parent’s child is a fundamental right recognized by the Nevada and U.S. Constitutions, and (2) clarify that that fundamental parental right “must not be limited or abridged on account of disability.”
Key provisions
- Explicit constitutional recognition: Adds language that the parental liberty interest (nurture, education, care, custody, control, management) is a fundamental right recognized by both the Nevada Constitution and the U.S. Constitution.
- Non‑discrimination by disability: Adds a new subsection stating parental rights cannot be limited or abridged on the basis of disability.
- Preserved exceptions: Reiterates that the section does not:
- Authorize unlawful conduct or permit abuse or neglect in violation of state law, or
- Prevent courts, law enforcement officers, or employees of child welfare agencies from acting within the scope of their official authority.
- Broad application: The provision is drafted to apply to any statute, local ordinance, regulation, or their implementation regardless of when adopted or became effective.
- Definitions added/confirmed:
- “Agency which provides child welfare services” as defined in NRS 432B.030.
- “Disability” defined consistent with typical functional definitions (physical or mental impairment substantially limiting major life activities; record of such impairment; or being regarded as having such an impairment).
Who would be affected
- Parents and children in Nevada: clarifies constitutional protection of parental decision‑making, especially where disability of a parent is implicated.
- State and local child welfare agencies, courts, and law enforcement: the bill reaffirms their authority but may change how parental decisions tied to disability are evaluated.
- Local governments: potential fiscal impacts (e.g., administrative changes, litigation exposure) are noted in the fiscal estimate.
Potential impacts and issues
- Legal standard: By elevating parental decision‑making (including “control” and “education”) and prohibiting abridgment on account of disability, the bill could restrict some administrative or judicial interventions based on a parent’s disability—potentially prompting litigation over the interaction between parental rights and child protection responsibilities.
- Implementation: Agencies may need to revise policies and training to reflect the clarified protections and to ensure child safety standards remain enforceable without discrimination.
- Fiscal: The bill states potential fiscal effects on local governments and the State (litigation, training, policy changes).
Legislative actions (select)
- Referred to Judiciary Committee after introduction; passed the Assembly (vote recorded).
- Referred to Senate committees, amended in committee and re‑referred.
- Ultimately placed on inactive file / no further action allowed under Joint Standing Rule No. 14.3.1.
Note: This summary focuses on the bill version titled “As Introduced” (BDR 11‑150) amending NRS 126.036. Separate documents labeled “AB 146” in other materials concern different subject matter (Budget/CalWORKs/CalFresh) and are not part of this parentage‑focused bill.
Compiled from official sources — confirm details with the bill’s official record.
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