Bills › 88th General Assembly
Relating to the termination of parental rights of an incarcerated parent under child in need of assistance proceedings
Topics:Courts & civil law
Where it is now
- Done: IntroducedMarch 5, 2019
- Done: SubcommitteeMarch 5, 2019
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to the termination of parental rights of an incarcerated parent under child in need of assistance proceedings. The bill provides that the court need not terminate the relationship between a parent and child due to the absence of a parent if a court finds that the absence of the parent is due to the parent’s incarceration in a jail or a correctional facility and a relative has legal custody of the child, the child is over years of age and objects to the termination, there is clear and convincing evidence that the termination would be detrimental to the child at the time due to the closeness of the parent-child relationship, the child was removed from the home due to the parent’s incarceration, the incarcerated parent is participating in substance abuse or mental health treatment services and parenting classes offered in the jail or correctional facility, there is clear and convincing evidence that the parent continues to exhibit the ability and willingness to respond to additional services, and there is clear and convincing evidence that the parent exhibits the ability and willingness to participate in planning for the child to return home within months following the parent’s release from the jail or correctional facility.
Read the full explanation
The bill requires the court to take into consideration all barriers accessing services for a parent who is incarcerated in jail or a correctional facility including but not limited to the lack of appropriate areas in the jail or correctional facility for the parent to have visitation with the child and the lack of the parent’s ability to participate in video conference or telephone calls with the child.
Senate subcommittee
Named March 5, 2019. It hasn’t reported yet.
- Sen. Julian B. Garrett R
- Sen. Annette Sweeney REmail
- Sen. R. Taylor
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part