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MS HB1240
Bill
Status
4/18/2016
Primary Sponsor
John Lamar
Click for details
AI Summary
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Renames and comprehensively rewrites Mississippi's Termination of Parental Rights Law, replacing the previous "Termination of Rights of Unfit Parents Law" with new procedural requirements and definitions
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Establishes specific grounds for involuntary termination including abandonment (no contact for 6 months for children under 3, or 1 year for older children), desertion, severe mental illness, habitual alcoholism or drug addiction, and conviction of serious crimes against children such as rape, sexual battery, or felonious abuse
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Requires clear and convincing evidence standard for involuntary terminations, with proceedings conducted without a jury; parents must be informed of rights including right to counsel, right to remain silent, and right to appeal
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Creates two pathways for involuntary termination when children are in Department of Human Services custody: one requiring reasonable reunification efforts over at least 6 months, and another bypassing reunification requirements when egregious abuse occurred (60-day minimum)
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Allows voluntary termination through written release signed at least 72 hours after birth, and revises adoption law to require termination proceedings before contested adoptions when an alleged father is determined to be the natural father
Legislative Description
Termination of Parental Rights.
Last Action
Approved by Governor
4/18/2016