Wyoming House lawmakers passed the third reading of a bill that would hold government entities liable for damages resulting from violations of parental rights. Bill supporters pointed to bullying as an example. It now goes to the Senate for consideration. Those opposed argue this recourse already exists and the bill would encourage litigation.
The state is generally exempt from tort liability, breaches in which a person could sue for damages, but there are exceptions. HB 157 would add the violation of parental rights to the circumstances under which the state can be sued for damages. Additionally, the bill would expedite the process for parents by removing the requirement of filing a formal claim within two years of the incident before suing. It would also require the court to pay attorney fees for the prevailing parents.
Sponsor Rep. Darin McCann (R-Rock Springs) testified that parental rights disputes with schools and local boards are often lengthy and argued that the two year window for litigation could expire before a parent moves through these proceedings.
“Parental rights are among the most well established constitutional rights in American jurisprudence,” said McCann. “If those rights are to be meaningful, there must be a remedy when they are infringed.”
Patricia McCoy testified on behalf of the Wyoming chapters of Moms for Liberty.
“These parents have felt dismissed. They have felt like they have no meaningful recourse when public institutions overstep,” said McCoy. “This bill ensures that in Wyoming, parental rights are more than words – they’re enforceable, they’re protected, and they matter.”
Representatives with the Wyoming Department of Education also expressed support for the bill and said State Superintendent of Public Instruction Megan Degenfelder had requested they come and testify in favor.
Parental rights are a priority of Wyoming’s Freedom Caucus during the 2026 Budget Session. A majority of the representatives who are co-sponsors of the bill are Freedom Caucus members or endorsees.
Those opposed to the bill argued that Wyoming law already provides families with avenues for rights violations. Brian Farmer is the executive director of the Wyoming School Boards Association. He expressed concern that the payment of attorney fees would encourage litigation and remove discretion from a judge.
“There are a number of provisions that really just say, ‘Hey, take the lawsuit. Don’t try for cooperation. Don’t try for collaboration. File the lawsuit and that is your resolution,’” said Farmer.
During a later reading of the bill, Rep. Ken Chestek (D-Laramie) shared apprehension about the potential chilling effect the bill might have on government entities that typically provide services to families.
“We all know there are situations in which children are abused, and we have a whole department of our government that needs to investigate those claims and take protective action to protect the children in those situations,” said Chestek. “Are those workers in that department going to have to look over their shoulders and worry about getting sued because of this bill?”
HB 157 is now awaiting introduction in the Senate.
