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1998 SESSION

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SB 388 Foster care; adoption, termination of parental rights.

Introduced by: Joseph V. Gartlan, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Foster care; adoption; termination of parental rights; appeals. Specifies that protective orders may be issued, on motion, whether ex parte or sua sponte, in the course of proceedings pending before the court. If an ex parte preliminary protective order is issued, the court must include an affidavit or a summary of the allegations and findings in its order. In cases of abuse and neglect, the bill requires an adjudicatory hearing to be held prior to the court making its findings within 30 days of the date of the initial preliminary protective order hearing; currently the 30-day period runs from the date of the first preliminary removal hearing.

As required by federal law, a provision is added stating that the health and safety of the child are the paramount concern during development and implementation of the foster care plan.

The court is authorized to hear and decide a petition for termination of parental rights in the same proceeding in which a foster care plan is approved.

Additional grounds for termination of parental rights are added. Termination of parental rights is authorized upon finding that a parent was convicted of murder or voluntary manslaughter or any felony attempt, conspiracy or solicitation to commit such offense, if the victim was a child of the parent or a child with whom the parent resided at the time the offense occurred or the other parent of the child. Termination is also authorized if the parent is convicted of felony sexual assault or felony assault or bodily wounding resulting in serious bodily injury if the victim was a child of the parent or a child with whom the parent resided at the time of the offense. A definition of bodily injury is added. The time frame for failing to maintain continuing contact with a child in foster care as a basis for terminating parental rights is reduced from 12 months to six months. Foster parents are entitled to notice of the proceedings without regard to the length of time the child has been with them. Residual parental rights may be terminated upon finding that such rights with respect to a sibling of the child have previously been involuntarily terminated.

The local board or agency having authority to place a child for adoption following termination of parental rights is required to file a report with the court every six months until a final order of adoption is entered.

Appeals of termination cases to the Court of Appeals are given priority on the court's docket. Finally, the bill clarifies that when an appeal is pending, the juvenile court retains jurisdiction to hear petitions involving foster care review and permanency planning hearings for children in foster care.

The bill is recommended by the Judicial Council.


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