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IN SB0082
Bill
Status
1/5/2016
Primary Sponsor
Ed Charbonneau
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AI Summary
Senate Bill No. 82 Summary
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Allows a rape victim to file a petition to terminate the parent-child relationship between their child and the alleged perpetrator of the rape that resulted in the child's conception.
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Court must terminate the 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 rape, and that termination is in the child's best interests.
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Establishes filing deadlines: victims who were at least 18 years old at the time of rape must file within 180 days of the child's birth; victims who were under 18 must file within 2 years of turning 18.
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Proof that rape occurred and conception resulted from it constitutes prima facie evidence that termination is in the child's best interests.
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Termination of the parent-child relationship does not eliminate the perpetrator's obligation to pay child support.
Legislative Description
Rape and termination of parental rights. 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)
Last Action
Senator Young, M. added as second author
1/7/2016