,i #aacth ,,congress #ast ,session ,h4 ,r4 #bggb ,,in ,,the ,,house ,,of ,,representatives ,july #bb1 #bjac ,ms4 ,wasserman ,schultz 7for herself and ,mr4 ,marino7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to direct the ,attorney ,general to make grants to ,states that have in place laws that terminate the parental rights of men who father children through rape4 #a4 ,short title ,this ,act may be cited as the ,rape ,survivor ,child ,custody ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,men who father children through rape should be prohibited from visiting or having custody of those children4 7#b7 ,according to several studies1 it is estimated that there are between #be1jjj and #cb1jjj rape-related pregnancies annually in the ,united ,states4 7#c7 ,a substantial number of women choose to raise their child conceived through rape and1 as a result1 may face custody battles with their rapists4 7#d7 ,according to one study1 #cb4c percent of women who were raped and became pregnant as a result of the rape kept their child4 7#e7 ,another study found that1 of the #gc percent of women who became pregnant as a result of a rape and carried their pregnancies to term1 #fd percent raised their children4 7#f7 ,rape is one of the most under-prosecuted serious crimes1 with estimates of criminal conviction occurring in less than #e percent of rapes4 7#g7 ,the clear and convincing evidence standard is the most common standard for termination of parental rights among the #ej ,states1 territories1 and the ,district of ,columbia4 7#h7 ,the ,supreme ,court established that the clear and convincing evidence standard satisfies due process for allegations to terminate or restrict parental rights in ,santosky v4 ,kramer 7#dee ,u4,s4 #gde 7#aihb774 7#i7 ,currently only #f ,states have statutes allowing rape survivors to petition for the termination of parental rights of the rapist based on clear and convincing evidence that the child was conceived through rape4 7#aj7 ,a rapist pursuing parental or custody rights forces the survivor to have continued interaction with the rapist1 which can have traumatic psychological effects on the survivor1 making it more difficult for her to recover4 7#aa7 ,these traumatic effects on the mother can severely negatively impact her ability to raise a healthy child4 7#ab7 ,rapists may use the threat of pursuing custody or parental rights to coerce survivors into not prosecuting rape1 or otherwise harass1 intimidate1 or manipulate them4 #c4 ,grants authorized ,the ,attorney ,general shall make grants to ,states that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child1 which the court shall grant upon clear and convincing evidence of rape4 #d4 ,application ,a ,state seeking a grant under this ,act shall submit an application to the ,attorney ,general at such time1 in such manner1 and containing such information as the ,attorney ,general may reasonably require1 including information about the law described in section #c4 #e4 ,grant amount ,the amount of a grant to a ,state under this ,act shall be in an amount that is not greater than #aj percent of the average of the total amount of funding of the #c most recent awards that the ,state received under the following grant programs3 7#a7 ,part ,t of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;gg et seq47 7commonly referred to as the ,,stop ,violence ,against ,women ,formula ,grant ,program74 7#b7 ,section #dafja of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #adjdc;g7 7commonly referred to as the ,sexual ,assault ,services ,program74 #f4 ,grant term 7a7 ,in general ,the term of a grant under this ,act shall be for one year4 7b7 ,renewal ,a ,state that receives a grant under this ,act may submit an application for a renewal of such grant at such time1 in such manner1 and containing such information as the ,attorney ,general may reasonably require4 7c7 ,limit ,a ,state may not receive a grant under this ,act for more than #d years4 #g4 ,uses of funds ,a ,state that receives a grant under this section shall use-- 7#a7 #be percent of such funds for any of the permissible uses of funds under the grant program described in paragraph 7#a7 of section #e2 and 7#b7 #ge percent of such funds for any of the permissible uses of funds under the grant program described in paragraph 7#b7 of section #e4 #h4 ,termination defined 7a7 ,in general ,in this ,act1 the term termination means1 when used with respect to parental rights1 a complete and final termination of the parent's right to custody of1 guardianship of1 visitation with1 access to1 and inheritance from a child4 7b7 ,rule of construction ,nothing in this section shall be construed to require a ,state1 in order to receive a grant under this ,act1 to have in place a law that terminates any obligation of a person who fathered a child through rape to support the child4 #i4 ,authorization of appropriations ,there is authorized to be appropriated #e1jjj1jjj for each of fiscal years #bjad through #bjah4