GOVERNOR'S VETO

Pursuant to Article V, Section 6 of the Constitution of Virginia, I veto Senate Bill No. 446.

I am gravely concerned that Senate Bill No. 446 would have harsh consequences for the parental rights of thousands of people incarcerated in Virginia. The bill gives courts the power to terminate the parental rights of parents who are incarcerated for 20 months, less than two years, based upon relatively broad and vague standards, including undefined “factors as the court deems necessary and proper.”

In my view, few, if any, rights surpass the fundamental right to be a parent and to guide the upbringing of one’s child. While I understand the intent of Senate Bill No. 446 is to address difficult situations in which an incarcerated parent is recalcitrant and neglectful, I am concerned that in application the statute would result in disruption of the parent-child relationship when the policy of the Commonwealth is to strenghten those bonds.

My concerns are heightened by the vague statutory guidelines contained in the bill and the impact of parole abolition and mandatory minimum sentences. Additionally, the bill provides that welfare agencies will not be required to “make reasonable efforts to reunite the child with a parent” for those same parents who are incarcerated for 20 months or more. In more than isolated cases, all of these circumstances could combine to terminate the solemn parent-child relationship. I believe there needs to be more public discourse about this issue before codifying even the possibility of such a cruel result.

Therefore, I am returning this bill without my approval.