HB765 - Parental rights; termination for alleged sexual abuse, petition filed by other parent.

1 Co-Sponsor

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.