HB 2078

The Families' Rights and Responsibilities Act provides that t he liberty of a parent to the care, custody, and control of the parent's child, including the right to direct the upbringing, education, health care, and mental health of the child, is a fundamental right. Further, the Act provides that a ll parental rights are exclusively reserved to a parent of a child without obstruction by or interference from a government entity and lists several of those rights in statute. This bill adds to such Act that a bond condition that affects parental contact, custody, or visitation requires an expedited hearing within 15 calendar days of being imposed to determine if the condition meets the requirements. If the hearing is not held within 15 calendar days, then the bond condition is void. Before a court may impose or extend a bond condition prior to conviction in a criminal case that restricts, limits, or prohibits a defendant ' s parental contact with, custody of, or visitation with any minor child who is not a victim of the charged crime, this bill provides that the government bears the burden of establishing, by clear and convincing evidence, which the court must articulate through specific findings of fact, that all of the following criteria is met:  A present and continuing threat of harm exists to the child.  Less restrictive alternatives are insufficient to prevent the harm.  The restriction is in the best interests of the child. This bill establishes a presumption that parental contact with a child is in the best interests of the child.