HB2559 - 472R - House Bill Summary

House of Representatives

HB 2559

juvenile hearings; jury trials

Sponsors: Representative Anderson, Representative Aguirre A, Representative Chase, Representative Hershberger et al

DPA	Committee on Human Services
DPA	Committee on Judiciary
W/D	Committee on Appropriations B
DPA	Caucus and COW
X	As Engrossed and As Passed the House

HB 2559 allows parents subject to a termination adjudication hearing to request a different judge than the judge assigned to their dependency case until January 1, 2010. It also continues the law allowing parents subject to termination adjudication hearings to request a jury trial until January 1, 2010.

History

Current law states that any person or agency that has a legitimate interest in the welfare of a child may file a petition for the termination of the parent-child relationship. In addition to considering the best interests of the child, there are numerous circumstances which provide evidence sufficient for the court to justify the termination of the parent-child relationship. Among them are the following:

-That the parent has abandoned the child.

-That the parent has neglected or willfully abused the child.

-That the parent is unable to discharge the parental responsibilities because of mental illness or a history of chronic abuse of dangerous drugs, and there are reasonable grounds to believe that the condition will continue for an indeterminate period of time.

After the petition is filed, the clerk of the court sets a time and place for the initial hearing and notifies the relevant parties to the case. In addition, the court orders the agency or other entity it chooses to complete a comprehensive social study with a recommendation for or against termination of parental rights, including the reasoning behind the recommendation. If a petition for terminating the parent-child relationship is contested, the court orders a termination adjudication hearing.

In the Second Special Session of 2003, Laws 2003 Ch. 6 §10 and 33 were passed allowing a parent subject to a termination adjudication hearing to request a jury to hear and rule on their case. This Session Law is set to be repealed January 1, 2007.

Provisions

· Allows a parent, guardian, or custodian whose rights are sought to be terminated to request a new judge if they did not request a jury trial, the proceeding takes place in a county with a population of at least 500,000 people, and the judge assigned to the case is the same judge who presided over the dependency case. Limits the court to granting only one request for a new judge.

· Requires a parent, guardian, or custodian who requests a jury trial for a termination adjudication hearing to submit a $500 jury bond to offset the additional costs associated with impaneling the jury and allows the court to waive the jury bond for indigency or good cause.

· Requires the court to issue a decision within thirty days of holding a hearing to terminate parental rights.

· Prohibits an action to terminate parental rights from being brought within 12 months of the court issuing a decision on a prior action to terminate parental rights if the court previously chose not to terminate.

· Delays the repeal of the statute permitting parents, guardians, or custodians to request a jury trial in a hearing where their rights are sought to be terminated until January 1, 2010.

· Delays the repeal of the statute permitting parents, guardians, or custodians to request a new judge in a hearing where their rights are sought to be terminated if they did not request a jury trial, the proceeding takes place in a county with a population of at least 500,000 people, and the judge assigned to the case is the same judge who presided over the dependency case until January 1, 2010.

· Returns to the court exclusive power to hear and rule on cases where parental rights are sought to be terminated after December 31, 2009.

· ---------- DOCUMENT FOOTER ---------

· Forty-seventh Legislature