HB4986 HFAT Akers 3-3

Morgan 3345

Delegate Akers moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

H. B. 4986 -- A Bill to amend and reenact §48-22-306 of the Code of West Virginia, 1931, as amended, relating to amending conduct constituting abandonment in adoption proceedings; specifying that a court may make a finding of abandonment by a parent in an adoption proceeding if that parent is incarcerated pursuant to a felony conviction; clarifying that a court must determine by clear and convincing evidence that the period of time for which the parent is expected to be incarcerated will constitute a significant portion of the child’s remaining years of minority; establishing that the period of time of incarceration begins on the earliest date that the parent is incarcerated for a felony charge for which the parent was ultimately convicted; clarifying that a court must determine by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and that a finding that the incarcerated parent has abandoned their child is in the best interest of the child; providing factors for the court to consider in making all determinations relating to a finding of abandonment in an adoption proceeding; and establishing that a birth parent shall have the opportunity to demonstrate to the court the existence of compelling circumstances relating to any claim of abandonment being made against that birth parent based upon incarceration due to a felony conviction.”;

Adopted

Rejected