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Minutes for SB123 - Committee on Judiciary
Short Title
Creating a process to terminate the parental rights of a person whose sexual assault of another has resulted in the conception of a child.
Minutes Content for Thu, Feb 11, 2021
Jenna Moyer presented a bill brief on SB123 explaining that it allows a petitioner to bring an action to terminate parental rights where a child is conceived by an act of rape, aggravated indecent liberties, or incest, even if a conviction has not occurred. (Attachment 1)
There was discussion.
Adam Proffitt submitted the fiscal note for SB123. (Attachment 2)
Scott Schultz submitted the prison beds impact statement for SB123. (Attachment 3)
Proponent, Oral
Gillian Chadwick spoke in support of SB123 stating the purpose of the bill is to address the need of survivors of sexual violence who are forced to co-parent with their rapist. Currently under Kansas law survivors of sexual violence have no protection from being required to co-parent. This bill would give the survivors options for responding to a rapist who is asserting parental rights without opening a door to a custody case. (Attachment 4)
Sara Rust-Martin spoke in support of SB123 stating co-parenting with a rapist may cause continued psychological and emotional trauma to the victim-mother and the child. She stated it is important to offer protection to the victims and their children. (Attachment 5)
There was discussion.
Neutral, Oral
Judge Merlin Wheeler gave neutral testimony on SB123 stating the Judges Association does not have a stated opinion on the bill, but they do have some questions about the language of the bill and how they would operate under it. He suggested the Committee might want to add a section to the bill that gives notice that a case will be tried; that there is concern about creating a shorter limitation period for filing because of the staleness of evidence and the possible psychological effects on the child occasioned by a delay in filing. He presented a list of four operational concerns that should be addressed by the bill. He suggested that working the bill be delayed until all parties concerned can discuss the bill with the Revisor and suggest an amendment. (Attachment 6)
There was discussion.
Neutral, Written
- Krisena Silva, Office of Judicial Administration (Attachment 7)
The hearing was closed.
