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2024 SESSION
HB 765 Parental rights; termination for alleged sexual abuse, petition filed by other parent.
Introduced by: Karrie K. Delaney | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Termination of parental rights; sexual abuse; clear and convincing standard; petition filed by other parent. Allows a parent to file a petition to terminate the parental rights of the other parent if the circumstances giving rise to such a petition allege that such parent engaged in conduct prohibited by relevant law relating to sexual abuse, whether or not the parent has been charged with or convicted of the alleged violation, and the child was conceived of such conduct.
The bill further requires the court to issue an order terminating the parental rights of a parent upon a finding, based on clear and convincing evidence, that (i) such parent engaged in the conduct prohibited by relevant law relating to sexual abuse, whether or not the parent has been charged with or convicted of the alleged violation, and the child was conceived of such conduct and (ii) termination of the parental rights of such parent is in the best interests of the child. The bill specifies that, if such parent is found by clear and convincing evidence to have engaged in the prohibited conduct resulting in the conception of such child, there shall be a rebuttable presumption that termination is in the best interest of the child, but no presumption shall be made by the court that one parent alone is contrary to the best interests of the child.
FULL TEXT
- 01/09/24 House: Prefiled and ordered printed; offered 01/10/24 24104828D pdf
- 02/02/24 House: Committee substitute posted to LIS only 24106447D-H1 pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
HISTORY
- 01/09/24 House: Prefiled and ordered printed; offered 01/10/24 24104828D
- 01/09/24 House: Referred to Committee for Courts of Justice
- 01/25/24 House: Assigned Courts sub: Civil
- 01/29/24 House: Subcommittee recommends continuing to 2025 with substitute by voice vote
- 02/02/24 House: Continued to 2025 with substitute in Courts of Justice by voice vote
- 02/02/24 House: Committee substitute posted to LIS only 24106447D-H1