Loading chat...
HI HB2282
Bill
Status
1/27/2016
Primary Sponsor
Joseph Souki
Click for details
AI Summary
-
Amends Hawaii law to allow courts to terminate parental rights based on "clear and convincing evidence" that a child was conceived through rape or sexual assault, rather than requiring a criminal conviction.
-
Accepts guilty pleas or convictions for rape or sexual assault (or similar offenses under other state, territorial, or tribal law) as conclusive proof that a child was conceived through rape or sexual assault.
-
Creates a presumption that termination of parental rights is in the best interest of the child if the child was conceived as a result of sexual assault or rape.
-
Preserves the non-offending parent's right to petition the court to reinstate the convicted parent's parental rights and maintains the obligation of the perpetrator to provide child support.
-
Aligns Hawaii with the federal Rape Survivor Child Custody Act of 2015 to help survivors avoid harassment or coercion by perpetrators threatening to pursue custody rights.
Legislative Description
Involuntary Termination of Parental Rights
Last Action
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Nakashima, Thielen, Tokioka excused (3).
2/19/2016