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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
parental rights; termination; sexual assault
Purpose
Allows a parent of a child who was conceived as a result of sexual assault committed by the child's other parent to terminate the parental rights of the other parent if there is clear and convincing evidence that the child was conceived as a result of sexual assault.
Background
Under
current statute, any person or agency who has a legitimate interest in the
welfare of a child may file a petition for the termination of the parent-child
relationship if there is sufficient evidence of any enumerated qualification,
including: 1) the parent has abandoned the child; 2) the parent has neglected
or abused a child; 3) the parent is unable to responsibly parent a child due to
mental illness, mental deficiency or chronic abuse of drugs, controlled
substances or alcohol; or
4) the parent is deprived of civil liberties due to the conviction of a felony.
In considering the grounds for the termination of parental rights, the court must consider the best interest of the child. In addition, the court considers any substantiated allegations of abuse or neglect committed in other jurisdictions, the availability of reunification services to the parent and the participation of the parent in those services (A.R.S. § 8-533).
Sexual assault is intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person (A.R.S. § 13-1406).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a parent of a child who was conceived as a result of sexual assault committed by the child's other parent to file a petition to terminate the parental rights of the parent who committed the sexual assault.
2. Allows a petition to terminate parental rights of the parent who committed the sexual assault to be filed at any time.
3. Allows the court to grant the petition to terminate parental rights if there is clear and convincing evidence that the child was conceived as a result of sexual assault committed by the parent who is the subject of the petition.
4. Requires the court to accept a guilty plea or conviction of sexual assault, whether committed in Arizona or another jurisdiction, by the parent who is the subject of the petition as conclusive proof that the child was conceived as a result of sexual assault.
5. Presumes that the termination of parental rights is in the best interest of a child who was conceived as a result of sexual assault.
6. Defines sexual assault as intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a person without the consent of that person.
7. Defines oral sexual contact and sexual intercourse.
8. Becomes effective on the general effective date.
Prepared by Senate Research
February 18, 2020
JA/ML/kja