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Legislative Update

Terminating the parent-child relationship

April 13, 2016 Filed Under: Family

H.E.A. 1064, P.L. 64
Effective: July 1, 2016
Allows a parent who is the victim of an act of rape from which a child was conceived to file a petition to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape. Requires a court to terminate the parent-child relationship if the court finds: (1) by clear and convincing evidence that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship and that the child was conceived as a result of the act of rape; and (2) that terminating the parent-child relationship would be in the best interests of the child. Prohibits a parent who is at least 18 years of age at the time the act of rape occurred from filing a petition more than 180 days after the birth of the child. Prohibits a parent who is less than 18 years of age at the time the act of rape occurred from filing a petition more than 2 years after reaching the age of 18. Requires a court to stay the termination of the parent-child relationship proceedings if the court receives a notice from the department of child services that the child is the subject of a pending child in need of services petition.
The full law is available at:  http://iga.in.gov/legislative/2016/bills/house/1064

Filed Under: Family Tagged With: children, termination of parental rights

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