THE SENATE	S.B. NO.	696
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to parental rights.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 571-61, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Involuntary termination.

     (1)  The family courts may terminate the parental rights in respect to any child as to any legal parent:

         (A)  Who has deserted the child without affording means of identification for a period of at least ninety days;

         (B)  Who has voluntarily surrendered the care and custody of the child to another for a period of at least two years;

         (C)  Who, when the child is in the custody of another, has failed to communicate with the child when able to do so for a period of at least one year;

         (D)  Who, when the child is in the custody of another, has failed to provide for care and support of the child when able to do so for a period of at least one year;

         (E)  Whose child has been removed from the parent's physical custody pursuant to legally authorized judicial action under section 571-11(9), and who is found to be unable to provide now and in the foreseeable future the care necessary for the well-being of the child;

         (F)  Who is found by the court to be mentally ill or intellectually disabled and incapacitated from giving consent to the adoption of or from providing now and in the foreseeable future the care necessary for the well-being of the child;

         (G)  Who is found not to be the child's natural or adoptive father.

     (2)  The family courts may terminate the parental rights in respect to any minor of any natural but not legal father who is an adjudicated, presumed or concerned father under chapter 578, or who is named as the father on the child's birth certificate:

         (A)  Who falls within subparagraph (A), (B), (C), (D), (E), or (F) of paragraph (1);

(B) Who caused the child to be conceived as a result of sexual assault under section 707-730, 707-731, or 707-732, which may be proven by a final judgment of conviction or other evidence produced at a fact-finding hearing under section 571-46;

       [(B)]  (C)  Whose child is sought to be adopted by the child's stepfather and the stepfather has lived with the child and the child's legal mother for a period of at least one year;

       [(C)]  (D)  Who is only a concerned father who has failed to file a petition for the adoption of the child or whose petition for the adoption of the child has been denied; or

       [(D)]  (E)  Who is found to be an unfit or improper parent or to be financially or otherwise unable to give the child a proper home and education.

     (3)  In respect to any proceedings under paragraphs (1) and (2), the authority to terminate parental rights may be exercised by the court only when a verified petition, substantially in the form above prescribed, has been filed by some responsible adult person on behalf of the child in the family court of the circuit in which the parent resides or the child resides or was born and the court has conducted a hearing of the petition.  A copy of the petition, together with notice of the time and place of the hearing thereof, shall be personally served at least twenty days prior to the hearing upon the parent whose rights are sought to be terminated.  If personal service cannot be effected within the State, service of the notice may be made as provided in section 634-23 or 634-24.

     (4)  The family courts may terminate the parental rights in respect to any child as to any natural father who is not the child's legal, adjudicated, presumed or concerned father under chapter 578.

     Such authority may be exercised under this chapter only when a verified petition, substantially in the form above prescribed, has been filed by some responsible adult person on behalf of the child in the family court of the circuit in which the parent resides or the child resides or was born, and the court has conducted a hearing of the petition.

     If the mother of the child files with the petition an affidavit representing that the identity or whereabouts of the child's father is unknown to her or not ascertainable by her or that other good cause exists why notice cannot or should not be given to the father, the court shall conduct a hearing to determine whether notice is required.

     If the court finds that good cause exists why notice cannot or should not be given to the child's father, and that the father is neither the legal nor adjudicated nor presumed father of the child, nor has he demonstrated a reasonable degree of interest, concern, or responsibility as to the existence or welfare of the child, the court may enter an order authorizing the termination of the father's parental rights and the subsequent adoption of the child without notice to the father."

     SECTION 2.  Section 587A-4, Hawaii Revised Statutes, is amended by amending the definition of "aggravated circumstances" to read as follows:

     ""Aggravated circumstances" means that:

     (1)  The parent has murdered, or has solicited, aided, abetted, attempted, or conspired to commit the murder or voluntary manslaughter of, another child of the parent;

     (2)  The parent has committed a felony assault that results in serious bodily injury to the child or another child of the parent;

(3) The parent has committed sexual assault under section 707-730, 707-731, or 707-732 that resulted in the conception of the child, which may be proven by a final judgment of conviction or other evidence produced at a fact-finding hearing under section 571‑46;

    [(3)] (4)  The parent's rights regarding a sibling of the child have been judicially terminated or divested;

    [(4)] (5)  The parent has tortured the child;

    [(5)] (6)  The child is an abandoned infant;

    [(6)] (7)  The parent has committed sexual abuse against another child of the parent; or

    [(7)] (8)  The parent is required to register with a sex offender registry under section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, title 42 United States Code section 16913(a)."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Parental Rights; Family Courts; Child Protective Act

Description:

Permits the family courts to terminate the parental rights of a natural but not legal father who caused the child to be conceived as a result of sexual assault and has been convicted of sexual assault under section 707-730, 707-731, or 707-732.  Amends the definition of "aggravated circumstances" under the Child Protective Act to include circumstances in which a parent has committed sexual assault in the conception of the child, which impacts court determinations regarding child protection.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.