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HI SB2811
Bill
AI Summary
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Allows family courts to terminate parental rights if clear and convincing evidence shows a child was conceived as a result of sexual assault by that parent, without requiring a criminal conviction.
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Accepts as conclusive proof of sexual assault either a guilty plea or conviction for the sexual assault or equivalent offense in any state, territory, possession, or Native American tribe.
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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.
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Requires the parent to continue paying child support even after parental rights are terminated and maintains the option for the custodial parent to petition for reinstatement of rights.
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Does not apply if the natural parents later cohabitate and establish a mutual custodial environment for the child after the sexual assault.
Legislative Description
Involuntary Termination of Parental Rights
Last Action
Act 213, 07/06/2016 (Gov. Msg. No. 1315).
7/7/2016