A bill which protects victims of rape by terminating their rapists’ parental rights passed unanimously out of the Arizona House of Representatives on Monday and is headed to Governor Ducey to sign into law. The bill, SB1007, sponsored by Sen. Victoria Steele, changes current Arizona law which allows rapists to get joint custody.
“Women shouldn’t be forced by law to share parental rights with rapists. Words cannot express how elated and grateful I am to my Republican and Democratic colleagues in the House for passing my bill and finally sending it to the Governor, said Steele in a press release. “No one should be tethered to their rapist and abuser for life by being forced to share parental rights. As a victim of sexual assault myself, I know firsthand the trauma and pain victims of rape experience. While we cannot change what happened in the past, we can change what happens in the future and lessen the pain by not allowing a rapist parental rights. This was the correct and good thing to do.”
Legislative Overview:
The juvenile court has exclusive jurisdiction regarding petitions to terminate the parent-child relationship (A.R.S. § 8-532).
Any person with legitimate interest in the welfare of a child may file a petition to terminate the parent-child relationship. Reasons to justify the termination of the parent-child relationship include:
1) Abandonment of the child by the parent;
2) Neglect or willfully abuse of a child by the parent;
3) The parents have relinquished their rights to the child or consented to adoption; or
4) Specified circumstances where the parent is unable to perform parental responsibilities (A.R.S. § 8-533).
A court order terminating the parent-child relationship shall separate the parent and child of all legal rights, privileges, duties and obligations to each other except the child’s right to inheritance and support from the parent. The right of inheritance and support can only be terminated by a final order of adoption (A.R.S. § 8-539).
Provisions
1. Expands the list of grounds that justify termination of a parent-child relationship to include a finding of clear and convincing evidence that the parent committed sexual assault against a petitioning parent, and the child was born as a result of the sexual assault. (Sec. 1)
2. Permits the court to accept the parent’s guilty plea or conviction for sexual assault or an equivalent offense in another jurisdiction as evidence that the child was conceived as a result of sexual assault by that parent. (Sec. 1)