HB 765

Abstract

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 rightsof the other parent if the circumstances giving rise to such a petitionallege that such parent engaged in conduct prohibited by relevantlaw relating to sexual abuse, whether or not the parent has beencharged with or convicted of the alleged violation, and the childwas conceived of such conduct. Thebill further requires the court to issue an order terminating theparental rights of a parent upon a finding, based on clear and convincingevidence, that (i) such parent engaged in the conduct prohibited byrelevant law relating to sexual abuse, whether or not the parenthas been charged with or convicted of the alleged violation, and the child was conceived of such conduct and (ii) termination of the parentalrights of such parent is in the best interests of the child. Thebill specifies that, if such parent is found by clear and convincingevidence to have engaged in the prohibited conduct resulting in theconception of such child, there shall be a rebuttable presumptionthat termination is in the best interest of the child, but no presumptionshall be made by the court that one parent alone is contrary to thebest interests of the child.