The Senate Judiciary Committee heard HB 1064, sponsored by Sen. Charbonneau, concerning terminating the parent-child relationship when the child is conceived during a rape. This bill extends to the parent who was the victim of the rape the opportunity to file a termination of parental rights (TPR) case against the alleged perpetrator of the rape. The juvenile or probate court would have jurisdiction over the case, and the proceedings would be stayed if a CHINS case was pending. Discussion focused on the standard of proof for the termination, which is “clear and convincing evidence” vs. the criminal standard of “beyond a reasonable doubt” and the concern an alleged rapist might be found innocent under the higher criminal standard of the rape, but still have the TPR case with its lower standard filed against him.
The Committee also discussed counsel for the alleged rapist and child support collection efforts. The bill passed 9-0, with discussion of a possible second reading amendment to address the concerns raised.
Read the bill at https://iga.in.gov/legislative/2016/bills/house/1064