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HI SB1062

Bill

Status

Engrossed

3/7/2017

Primary Sponsor

Maile Shimabukuro

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • 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.

  • 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.

  • Establishes a rebuttable presumption that termination is in the child's best interest if the child was conceived through sexual assault.

  • 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.

  • 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

Committee Referrals

Human Services3/9/2017
Judiciary and Labor1/27/2017

Full Bill Text

No bill text available