Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill revises provisions governing parental rights in certain situations.



Under present law, the chancery and circuit courts have concurrent jurisdiction with the juvenile court to terminate parental or guardianship rights to a child in a separate proceeding, or as a part of the adoption proceeding by utilizing any grounds for termination of parental or guardianship rights permitted. Termination of parental or guardianship rights must be based upon a finding by the court by clear and convincing evidence that the grounds for termination of parental or guardianship rights have been established and that termination of the parent's or guardian's rights is in the best interests of the child.



Grounds for termination of rights under present law include that the parent has been convicted of aggravated rape, rape, or rape of a child, from which crime the child was conceived. A certified copy of the conviction suffices to prove this ground. When one of the child's parents has been convicted of one of these offenses, the other parent has standing under present law to file a petition to terminate parental rights of the convicted parent.



This bill adds to the above a provision allowing termination of parental rights when the parent has been found by clear and convincing evidence presented in a fact-finding hearing before the court hearing the petition to terminate parental rights or the petition for adoption to have committed an act of nonconsensual sexual penetration from which act the child was conceived.



When one of the child's parents has been found by clear and convincing evidence presented in a fact-finding hearing to have committed an act of nonconsensual sexual penetration from which act the child was conceived, the child's other parent will have standing under this bill to file a petition to terminate the parental rights of the parent found to have committed the act of nonconsensual sexual penetration.



Additionally, under present law, unless the other parent of a child waives such protection, any person who has been convicted of aggravated rape, rape, or rape of a child, from which crime a child was conceived must not have custody, visitation rights, or rights of inheritance with respect to that child. This bill adds a person who has been found by clear and convincing evidence in a fact finding hearing before a court to have committed an act of nonconsensual sexual penetration from which a child was conceived to those whose rights will be restricted, unless the other parent waive the restriction.

