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HI HB2282

Bill

Status

Introduced

1/27/2016

Primary Sponsor

Joseph Souki

Click for details

Origin

House of Representatives

2016 Regular Session

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

Committee Referrals

Judiciary2/19/2016
Human Services1/29/2016

Full Bill Text

No bill text available