SB400 provides that if a parent prevails in a judicial proceeding against a governmental entity for violating their parental fundamental rights, the parent is entitled to attorney fees and costs paid by the governmental entity.
The Montana State Senate passed SB400 on April 27, 2021 by a vote of 30 to 20. We have assigned pluses to the ayes because the upbringing, education, health care, and mental health of children belongs to — and is a fundamental right of — parents, not any governmental body. Parental rights, as with all other fundamental rights, freedoms, privileges, or immunities of American citizens (including children), are protected by the Bill of Rights and the 14th Amendment of the U.S. Constitution.