AB 386

This bill adds attempted homicide of a child's parent as a ground for

involuntarily terminating a person's parental rights to the child and allows the

ground of homicide or attempted homicide of a parent to be based on evidence

produced at a fact-finding hearing, not only a judgment of conviction.

Under current law, in a proceeding for involuntary termination of parental

rights (TPR), the court assigned to exercise jurisdiction under the Children's Code

must determine whether grounds exist for TPR. One of the grounds for TPR under

current law is that the person whose parental rights are sought to be terminated has

been convicted of first-degree or second-degree intentional homicide, first-degree

reckless homicide, or solicitation to commit first-degree intentional homicide and

the child's parent was the victim or intended victim. This bill adds attempted

first-degree or second-degree intentional homicide of a parent to this ground. The

bill also adds that, with respect to first-degree or second-degree intentional

homicide, reckless homicide, or attempted homicide of a parent, the evidence

necessary to prove the ground includes evidence produced at the TPR fact-finding

hearing that the person committed or attempted homicide of the parent as an

alternative to a judgment of conviction.