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HI SB1062
Bill
Status
3/7/2017
Primary Sponsor
Maile Shimabukuro
Click for details
AI Summary
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Changes family court authority from discretionary "may" to mandatory "shall" for terminating parental rights when a natural parent committed sexual assault of the other natural parent and the child was conceived as a result of that assault.
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Adds requirement that termination of parental rights be in the best interests of the child as a condition for mandatory termination in sexual assault cases.
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Establishes a rebuttable presumption that termination is in the child's best interest if the child was conceived through sexual assault.
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Allows the custodial natural parent to petition the court to reinstate the non-custodial parent's parental rights if they were terminated under this provision.
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Clarifies that termination of parental rights does not eliminate the parent's obligation to pay child support and does not affect the child's right to inheritance.
Legislative Description
Relating To Parental Rights.
Sexual Assault
Last Action
Referred to HUS, JUD, referral sheet 27
3/9/2017