SB 595

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

rights (TPR), the juvenile court must determine whether grounds exist for TPR. This

bill creates a new ground for TPR based on parental incarceration, which must be

established by proving all of the following:

1. That the child has been adjudged to be in need of protection or services and

placed outside the child's home pursuant to one or more court orders containing

notice of the grounds for TPR.

2. That the parent is incarcerated at the time of the fact-finding hearing for

TPR.

3. That the parent is likely to be incarcerated for a substantial period of the

child's minority.

Under the bill, in determining whether the parent is likely to be incarcerated

for a substantial period of the child's minority, the court may consider a parent's

history of repeated incarceration.