HB 1238 Summary

• Adds new provision requiring family court to terminate parental rights if a natural parent is convicted of sexual assault of the other natural parent and the child was conceived as a result of that assault, provided termination is in the best interests of the child.

• Establishes involuntary suspension of custody and visitation rights for any parent or legal guardian charged with sexual assault of the child's other parent, lasting from the time of charging until court determination, if deemed in the best interest of the child.

• Suspended custody does not relieve the respondent of child support obligations, and the court may order child support payments.

• Allows termination of parental rights to be reinstated if both natural parents later cohabitate and establish a mutual custodial environment for the child, or if the custodial parent petitions for reinstatement.

• Amends bail conditions to allow courts to prohibit defendants charged with sexual assault from approaching or communicating with the victim's minor children at the victim's request, regardless of parental relationship.