PIERRE, S.D. (SDBA) — Concerns over child protection led South Dakota House members to reject a conference committee report Wednesday that would have established parental rights as “fundamental” in state law.
Representatives voted 39-31 against the report on Senate Bill 113 after an emotional hour-long debate, primarily objecting to the removal of language explicitly protecting children from abuse and neglect.
“It’s very troubling that the bill’s sponsor doesn’t want to include a simple sentence of clarification that our laws against child abuse and neglect are not to be impacted by this new law,” said Rep. Tim Reisch, R-Howard, who introduced the motion to reject the report.
Reisch argued, “We are doing the best thing for the kids. We are doing the best thing for the families.”
The debate exposed deep divisions over the proper balance between parental authority and state protection of children.
Rep. Peri Pourier, D-Rapid City, raised concerns about potential impacts on the Indian Child Welfare Act without the protective language.
Rep. John Hughes, R-Sioux Falls, a lawyer, said the bill in its conference committee form would give Native American parents more rights.
Also on the opposite side, Rep. Bethany Soye, R-Sioux Falls, pushed back against killing the bill.
“Fundamental rights are not absolute rights,” Soye said. “Do you really think that something in our statute is going to override everything else, when the First Amendment of the Constitution does not override everything?”
Several lawmakers shared their personal experiences on both sides of the issue.
“I was a foster parent for seven years,” said Rep. Travis Ismay, R-Newell. “The system is broke. Parents need to have parental rights and have it in law like this.”
Ismay described having to raise another man’s daughter because “the system denied the father his rights,” adding, “That’s not right. That should have never happened.”
Rep. Tina Mulally, R-Rapid City, agreed, “Sometimes the system gets it wrong. The experts of a child are the parents.”
Rep. Keri Weems, R-Sioux Falls, told about her family’s attempt to help a child two decades ago.
“If you’re a family member who is trying to protect your child from abuse and neglect, the amount of work that you have to do to actually catch the abuse and neglect is unbelievable,” she said.
With the report rejected, and no new committee appointed, Senate Bill 113 will not advance further this session.
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