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IN HB1261

Bill

Status

Introduced

1/13/2015

Primary Sponsor

Harold Slager

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Allows a rape victim who conceived a child as a result of the assault to file a petition to terminate the parent-child relationship between the child and the alleged perpetrator.

  • Court must terminate the parent-child relationship if it finds by clear and convincing evidence that the alleged perpetrator committed rape against the petitioning parent and the child was conceived from that act.

  • Proof of rape and conception by clear and convincing evidence creates prima facie evidence that termination is in the child's best interests.

  • Both probate and juvenile courts have concurrent original jurisdiction over these termination proceedings, which follow procedures under IC 31-32, IC 31-34, and IC 31-37.

  • Court may appoint a guardian ad litem and/or court appointed special advocate for the child in proceedings under this chapter.

  • Effective July 1, 2015.

Legislative Description

Terminating the parent-child relationship. Allows a parent who is the victim of an act of rape from which a child was conceived to file a petition to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape. Requires a court to terminate the parent-child relationship if the court finds: (1) by clear and convincing evidence that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship and that the child was conceived as a result of the act of rape; and (2) that terminating

Last Action

Representative Hale added as coauthor

2/2/2015

Committee Referrals

Judiciary1/13/2015

Full Bill Text

No bill text available