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HI SB2811

Bill

Status

Passed

7/8/2016

Primary Sponsor

Ronald Kouchi

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary3/22/2016
Human Services3/10/2016
Judiciary and Labor2/8/2016
Human Services1/27/2016

Full Bill Text

No bill text available