Amends TCA Title 36 and Title 37.
Present law provides that the termination of parental or guardianship rights may be initiated upon the ground that the parent has been confined in a correctional or detention facility of any type, by order of the court as a result of a criminal act, under a sentence of 10 or more years, and the child is under eight years old at the time the sentence is entered by the court.<br /> <br /> This bill amends present law by lowering the required sentence from 10 years or more to six years or more in order to qualify to initiate the termination proceedings and further clarifies that the sentence may be the result of one or more criminal acts. This bill also removes the age requirement that the child be under eight years old at the time the sentence is entered by the court.<br /> <br /> ON APRIL 6, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 537, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to amend the present law mentioned above by providing, instead, that the termination of parental or guardianship rights may be initiated upon the ground that the parent has been confined in a correctional or detention facility of any type:<br /> <br /> (1) By order of the court as a result of a criminal act, under a sentence of 10 or more years, and the child is under eight at the time the sentence is entered by the court; or<br /> <br /> (2) By order of the court as a result of one or more criminal acts, under a sentence of six or more years, and one or more other grounds in law for termination of parental or guardianship rights have been satisfied.<br />
Present law provides that the termination of parental or guardianship rights may be initiated upon the ground that the parent has been confined in a correctional or detention facility of any type, by order of the court as a result of a criminal act, under a sentence of 10 or more years, and the child is under eight years old at the time the sentence is entered by the court.<br /> <br /> This bill amends present law by lowering the required sentence from 10 years or more to six years or more in order to qualify to initiate the termination proceedings and further clarifies that the sentence may be the result of one or more criminal acts. This bill also removes the age requirement that the child be under eight years old at the time the sentence is entered by the court.<br /> <br /> ON APRIL 6, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 537, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to amend the present law mentioned above by providing, instead, that the termination of parental or guardianship rights may be initiated upon the ground that the parent has been confined in a correctional or detention facility of any type:<br /> <br /> (1) By order of the court as a result of a criminal act, under a sentence of 10 or more years, and the child is under eight at the time the sentence is entered by the court; or<br /> <br /> (2) By order of the court as a result of one or more criminal acts, under a sentence of six or more years, and one or more other grounds in law for termination of parental or guardianship rights have been satisfied.<br />
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