municipal authority or other local government instrumentality
authorized by law, or a public official of a political
subdivision, municipal authority or other local government
instrumentality acting under color of State law.
Section 3. Parental rights protected.
(a) General rule.--The liberty of a parent to direct the
upbringing, education, care and welfare of the parent's child is
a fundamental right.
(b) Infringement.--Neither a Commonwealth agency nor a non-
Commonwealth agency may infringe upon the right under subsection
(a) without demonstrating that the State law or local ordinance
is narrowly tailored to meet a compelling governmental interest
by the least restrictive means.
Section 4. Civil relief.
A parent whose fundamental right under section 3(a) has been
infringed by a Commonwealth agency or non-Commonwealth agency
may bring an action in a court of competent jurisdiction seeking
appropriate relief against the Commonwealth agency or non-
Commonwealth agency. The court may award reasonable attorney
fees to the prevailing party under this section.
Section 5. Construction.
Nothing in this act shall be construed to authorize a parent
to engage in conduct that is unlawful or defined as child abuse
in 23 Pa.C.S. ยง 6303(b.1) (relating to definitions).
Section 6. Applicability.
(a) State laws and local ordinances.--Except as provided
under subsection (b), this act shall apply to a State law or
local ordinance that takes effect before, on or after the
effective date of this section.
(b) Exemption.--For a State law that takes effect after the
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