SP0575
LD 1477
Session - 127th Maine Legislature
 
LR 2347
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Protect Victims of Sexual Assault

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 19-A MRSA §1658,  as enacted by PL 1997, c. 363, §1, is repealed and the following enacted in its place:

§ 1658 Termination of parental rights and responsibilities in cases involving sexual assault

The parental rights and responsibilities with respect to a specific child conceived as a result of an act of sexual assault by the parent of that child must be terminated in accordance with this section.

1 Petitioner.   The petition for termination may be filed by the other parent or, if the other parent is a minor, the parent or guardian of the other parent.
2 Petition.   The petitioner may file a petition with the District Court that requests the termination of the parental rights and responsibilities of the parent and alleges:
A That the parent was convicted of a crime involving sexual assault, as defined in Title 17-A, section 253, 254 or 556, or a comparable crime in another jurisdiction, that resulted in the conception of the child; or
B That the child was conceived as a result of an act of sexual assault, as defined in Title 17-A, section 253, 254 or 556, or a comparable crime in another jurisdiction.
3 Termination.   Except as provided in subsection 4, if the petitioner proves the allegation in subsection 2, paragraph A by a preponderance of the evidence or the allegation in subsection 2, paragraph B by clear and convincing evidence, the court shall terminate the parental rights and responsibilities of the parent.
4 Exception.   The court is not required to terminate the parental rights and responsibilities of a parent convicted of gross sexual assault under Title 17-A, section 253, subsection 1, paragraph B that resulted in the conception of the child if:
A The parent or guardian of the other parent filed the petition;
B The other parent informs the court that the sexual act was consensual; and
C The other parent opposes the termination of the parental rights and responsibilities of the parent convicted of the gross sexual assault.

Sec. 2. 22 MRSA §4055, sub-§1-B  is enacted to read:

1-B Presumption.   The court shall presume that the parent is unwilling or unable to protect the child from jeopardy and these circumstances are unlikely to change within a time that is reasonably calculated to meet the child's needs if the court determines by clear and convincing evidence that the child was conceived as a result of an act by the parent of sexual assault or a comparable crime in another jurisdiction. For purposes of this subsection, "sexual assault" has the same meaning as in Title 17-A, section 253, 254 or 556. A guilty plea or conviction for sexual assault is considered clear and convincing evidence for purposes of this subsection.

SUMMARY

Current law allows a court to terminate the parental rights and responsibilities of a parent who was convicted of a crime involving sexual intercourse when the child for whom the parental rights and responsibilities are being terminated was conceived as a result of that crime. This bill expands that law by requiring a court to terminate the parental rights and responsibilities of a parent if it can be shown by clear and convincing evidence that the child was conceived as a result of an act of sexual assault by that parent.

This bill also establishes a presumption that a parent is unwilling or unable to protect a child from jeopardy if the child was conceived as a result of an act of sexual assault by the parent.


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