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Senate Study Bill 49

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 232.116, subsection 1, paragraph h,
  1  2 Code 1995, is amended to read as follows:
  1  3    h.  The court finds that both all of the following have
  1  4 occurred:
  1  5    (1)  The child meets the definition of child in need of
  1  6 assistance based on a finding of physical or sexual abuse or
  1  7 neglect as a result of the acts or omissions of one or both
  1  8 parents.
  1  9    (2)  There is clear and convincing evidence that the abuse
  1 10 or neglect posed a significant risk to the life of the child.
  1 11    (2) (3)  There is clear and convincing evidence that the
  1 12 circumstances surrounding the abuse or neglect of the child,
  1 13 despite the offer or receipt of services, constitutes imminent
  1 14 danger to the child would not correct the conditions which led
  1 15 to the abuse or neglect of the child within a reasonable
  1 16 period of time.  
  1 17                           EXPLANATION
  1 18    This bill relates to one of the standards for termination
  1 19 of parental rights involving abuse or neglect of a child by
  1 20 the child's parent.
  1 21    The bill amends the standard for termination of parental
  1 22 rights in which the court must find that the child is a child
  1 23 in need of assistance due to physical or sexual abuse or
  1 24 neglect as a result of the acts or omissions of one or both of
  1 25 the child's parents.  Current law requires the court to also
  1 26 find that despite the receipt of services, the circumstances
  1 27 surrounding the abuse constitute an imminent danger to the
  1 28 child.
  1 29    The bill would change the required findings to provide that
  1 30 either the receipt or offer of services would not correct the
  1 31 conditions which led to the abuse or neglect within a
  1 32 reasonable period of time.  In addition, under the bill, the
  1 33 court must find that the abuse or neglect constitutes a
  1 34 significant risk to the life of the child, rather than the
  1 35 current requirement that the circumstances constitute an
  2  1 imminent danger to the child.  
  2  2 LSB 1580XL 76
  2  3 pf/cf/24
     
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