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Missouri bill would clarify which relatives can sue in wrongful‑death suits when parental rights were terminated
Summary
Representative David Dolan told the Judiciary Committee HB 2164 would amend section 537.080 to ensure siblings and other class‑II beneficiaries remain eligible to bring wrongful‑death claims even if biological parents' parental rights were terminated; sponsor cited differing approaches in other states.
Representative David Dolan presented House Bill 2,164 to the Judiciary Committee, saying the proposal addresses a gap judges reported in wrongful‑death cases when parental rights of biological parents had been terminated. Dolan said some jurisdictions reach different results and cited statutes and court approaches in New Jersey, California and Washington as examples.
Dolan said the bill inserts a clarifying sentence into section 537.080 so that the subsection ‘‘shall apply regardless of whether the father or mother of the deceased had his or her parental rights terminated,’’ ensuring class‑II beneficiaries such as siblings retain the ability to bring wrongful‑death actions when class‑I beneficiaries (parents or children) are absent.
He told the committee he kept the amendment narrow and focused on clarity rather than attempting to rewrite wider beneficiary rules. Representative Anderson voiced support and noted similar statutory approaches exist in other states. No witnesses testified for or against HB 2164 during the hearing.
The committee concluded public testimony on HB 2164 and moved on to subsequent items; no vote was recorded during the hearing.
