HB1238 Summary

• Requires family courts to suspend custody and visitation for any parent or legal guardian charged with sexual assault of the child's other parent, lasting from the charge until the case is determined, if deemed in the child's best interest.

• Mandates family courts to terminate parental rights if clear and convincing evidence shows a natural parent committed sexual assault of the other natural parent and the child was conceived as a result of that assault, provided termination is in the child's best interests.

• Establishes a presumption that suspension or termination of parental rights is in the child's best interest when sexual assault charges or convictions are involved, with acceptance of guilty pleas or convictions as conclusive proof of the assault.

• Maintains the respondent's obligation to pay child support even after suspension or termination of custody and visitation rights.

• Allows courts to include restrictions on approaching or communicating with a sexual assault victim's minor children as bail conditions, regardless of parental relationship, when requested by the victim.