Would the Parental Rights Amendment provide parental protections even in situations of abuse or neglect?
No. The language of the amendment was specifically written to preserve parental rights, while carefully protecting children who are in danger of abuse or neglect. By ensuring that the government can still intervene in family relationships to protect at-risk children by “demonstrating that its governmental interest as applied to the person is of the highest order,” the Parental Rights Amendment secures the child-parent relationship while protecting children from abuse and neglect.