Legislative Update:
Parental Termination Speed-Up Vetoed;
Lawyers Can Issue Subpoenas

Since our last issue went to press, one of the bills we reported on has been vetoed. Also, some very important non-family law legislation has come to our attention.

SB 446 Termination of parental rights -- Vetoed

The governor's veto of this bill was upheld by the legislature. The bill would have provided that when a child is in foster care and a parent is incarcerated, and thus unable to have the care and custody of the child for 20 consecutive months or longer, parental rights can be terminated using a best-interests standard, and without "reasonable efforts" to reunite the family. The court would have had to make findings concerning certain listed factors and determine by clear and convincing evidence that termination was in the best interest of the child.

HB 1213 Summonses issued by attorneys; VBA to study effectiveness

This bill lets lawyers issue summonses and subpoenas, including subpoenas duces tecum and deposition subpoenas, in pending civil cases. An attorney-issued summons must be on a form approved by the Supreme Court, be signed by the attorney, and include the attorney's address. The attorney-issued summons shall be deemed to be a pleading (e.g., for sanctions purposes etc.). Note: Still as conservative as ever, in their own distinctive way, and not willing to blindly rely on the experience of the other 49 or so states with similar laws, the legislators provided that this new law will expire on July 1, 2001 unless it is renewed. Meanwhile, the VBA must do a study on its "effectiveness", and report back by next January 1.