Amendment S-3096 to SF 525

Filed March 25, 2021 in the Senate by Sen. Jeff Edler (R)

What it changes

1. By striking everything after the enacting clause and inserting: “Section
2. Section 232.2, subsection 39, Code 2021, is amended to read as follows:
3. “Parent” means a biological or adoptive mother or father of a child; or a father whose paternity has been established by operation of law due to the individual’s marriage to the mother at the time of conception, birth, or at any time during the period between conception and birth of the child, by order of a court of competent jurisdiction, by affidavit filed pursuant to section 252A.3A, by a statement made in court and concurred with by the mother of the child admitting paternity, or by administrative order when authorized by state law. “Parent” does not include a mother or father whose parental rights have been terminated or a father whose paternity has been disestablished pursuant to section 232.96A or section 600B.41A . Sec.
4. Section 232.84, subsection 2, Code 2021, is amended to read as follows:
5. Within thirty days after the entry of an order under this chapter transferring custody of a child to an agency for placement, the agency department shall exercise due diligence in identifying and providing notice to the child’s grandparents, aunts, uncles, adult siblings, parents of the child’s siblings, and adult relatives suggested by the child’s parents, subject to exceptions due to the presence of family or domestic violence. Sec.
6. NEW SECTION . 232.96A Disestablishment of paternity —— child in need of assistance proceeding.
7. For the purposes of this section: a. “Established father” means a person whose paternity of a child has been legally established as a parent. b. “Disestablished father” means a person whose paternity of a child has been disestablished pursuant to this section.
8. Upon a motion filed by a child subject to a child in need of assistance proceeding, the mother of the child, the established father of the child, or the legal representative of any of these persons, a court with jurisdiction over the child in need of assistance proceeding shall enter an order disestablishing the established father’s paternity of the child if all of the following conditions are met: a. The child has been adjudicated as a child in need of assistance in an active juvenile court case. b. A guardian ad litem has been appointed for the child. c. If paternity was established pursuant to section 252A.3A, the motion asserts the signed affidavit was based on fraud, duress, or material mistake of fact. d. Notice of the motion is served on both parents of the child in accordance with the rules of civil procedure. e. If enforcement services are being provided by the child support recovery unit pursuant to chapter 252B, notice of the motion is served on the child support recovery unit in accordance with the rules of civil procedure. f. The results of a blood or genetic test is on record in the child in need of assistance proceeding and concludes that the established father is not the child’s biological father.
9. An order disestablishing paternity under subsection 2 shall include all of the provisions provided in 600B.41A, subsection
11. Upon entry of an order disestablishing paternity under subsection 2, the clerk of court shall send a copy of the order to the disestablished father at the disestablished father’s last known address and to the clerk of the district court.
12. Upon request by the child support recovery unit or a disestablished father and without the need for a prior court order, the clerk of court shall disclose to the child support recovery unit a copy of an order entered under subsection
14. All costs of testing, fees for a child’s guardian ad litem, and court costs shall be paid by the person moving to disestablish paternity pursuant to subsection
16. Participation of the child support recovery unit created in section 252B.2 in an action brought under this section shall be limited as follows: a. The unit shall only participate in actions if services are being provided by the unit pursuant to chapter 252B. b. When services are being provided by the unit under chapter 252B, the unit may enter an administrative order for blood and genetic tests pursuant to chapter 252F. c. The unit is not responsible for or required to provide for or assist in obtaining blood or genetic tests in any case in which services are not being provided by the unit. d. The unit is not responsible for the costs of blood or genetic testing conducted pursuant to an action brought under this section. e. Pursuant to section 252B.7, subsection 4, an attorney employed by the unit represents the state in any action under this section. The unit’s attorney is not the legal representative of the mother, the established father, or the child in a child in need of assistance proceeding under this subchapter. Sec.
17. Section 232.102, subsection 1, Code 2021, is amended by striking the subsection and inserting in lieu thereof the following:
18. a. After a dispositional hearing, the court may enter an order transferring the legal custody of the child to one of the following for purposes of placement: (1) A parent who does not have physical care of the child. (2) Any other relative of the child. (3) A person with whom the child had a significant, positive relationship at the time of the removal. (4) Any other suitable person. (5) A child-placing agency or other suitable private agency, facility, or institution which is licensed or otherwise authorized by law to receive and provide care for the child. (6) The department of human services. If the child is placed in a juvenile shelter care home or with an individual or agency as defined in section 237.1, the department shall assign decision-making authority to the juvenile shelter care home, individual, or agency for the purpose of applying the reasonable and prudent parent standard during the child’s placement. b. A court shall not order placement of a child with a nonrelative without a specific finding that placement with a parent or any other relative of the child pursuant to paragraph “a” , subparagraph (1) or (2), is inappropriate for placement of the child and providing reasons for such a finding. c. If the child is sixteen years of age or older, the order shall specify the services needed to assist the child in preparing for the transition from foster care to adulthood. If the child has a case permanency plan, the court shall consider the written transition plan of services and needs assessment developed for the child’s case permanency plan. If the child does not have a case permanency plan containing the transition plan and needs assessment at the time the order is entered, the written transition plan and needs assessment shall be developed and submitted for the court’s consideration no later than six months from the date of the transfer order. The court shall modify the initial transfer order as necessary to specify the services needed to assist the child in preparing for the transition from foster care to adulthood. If the transition plan identifies services or other support needed to assist the child when the child becomes an adult and the court deems it to be beneficial to the child, the court may authorize the individual who is the child’s guardian ad litem or court-appointed special advocate to continue a relationship with and provide advice to the child for a period of time beyond the child’s eighteenth birthday. Sec.
19. NEW SECTION . 232.121 Reinstatement of parental rights.
20. A child, the child’s guardian ad litem, the department, or an agency or person to whom guardianship and custody of the child has been transferred following termination of parental rights of a parent under section 232.117, may petition the juvenile court to reinstate the parental rights of the child’s former parent if all of the following circumstances exist, making the child an eligible child for purposes of this section: a. The child was previously found to be a child in need of assistance under this chapter. b. The child has not achieved the goals of the child’s case permanency plan, and is not likely to do so. c. The child does not have a permanent placement or a planned permanent placement, is not subject to a permanent guardianship, is not in an adoptive placement, is not likely to be adopted within a reasonable period of time, and other permanency options have been exhausted. d. The child’s former parent’s parental rights were terminated in a proceeding under this chapter, but the termination of the parent-child relationship was not based on a finding of sexual abuse, a near child fatality, a suspicious child fatality, or an incident of egregious abuse or neglect against a child as evidenced by the aggravated circumstances specified pursuant to section 232.102, subsection 12, paragraphs “d” through “g” . e. Two years have passed since the final order of termination of parental rights was entered. f. The child is at least twelve years of age when the petition is filed, or is younger than twelve years of age when the petition is filed but is part of a sibling group including a child for whom reinstatement is being sought and that child meets the other conditions for reinstatement.
21. a. If a child meets the criteria of an eligible child under subsection 1, the child’s guardian ad litem, the department, or an agency or person to whom guardianship and custody of the child has been transferred under section 232.117, shall notify the child of the child’s right to petition the court for the reinstatement. b. If the former parent whose rights were previously terminated contacts the child’s guardian ad litem, the department, or the agency or other person to whom guardianship and custody of the child has been transferred under section 232.117, and the child is eligible pursuant to subsection 1, the guardian ad litem, department, agency, or other person shall notify the eligible child of the child’s right to petition the court for the reinstatement.
22. If a child seeking to petition for reinstatement of parental rights under this section does not have a guardian ad litem or attorney, the court shall appoint a guardian ad litem and counsel for the child at no cost to the child. If a guardian ad litem has previously been appointed for the child in a proceeding under this chapter, the same person may serve both as the child’s counsel and as guardian ad litem. However, the court may appoint a separate guardian ad litem if the same person cannot properly represent the legal interests of the child as legal counsel and also represent the best interest of the child as guardian ad litem.
23. The petition must be signed by the child unless good cause is shown as to why the child is unable to do so. The former parent for whom reinstatement of parental rights is sought must consent in writing to the petition.
24. The court shall hold a threshold hearing to consider the former parent’s apparent interest in the reinstatement of parental rights. At a minimum, the threshold hearing shall determine all of the following: a. Whether the former parent has remedied the former parent’s deficits as provided in the record of the prior termination proceedings and prior termination order. b. Whether the former parent has participated in an assessment based on evidence-based criteria that supports the reinstatement of the parent-child relationship as being in the best interest of the child.
25. If, after a threshold hearing to consider the former parent’s apparent fitness and interest in the reinstatement of parental rights, the court finds by a preponderance of the evidence that the best interest of the child may be served by the reinstatement of parental rights, the court shall order that a hearing on the merits of the petition be held.
26. Before a hearing is held on the merits of the petition, notice shall be provided to the child’s guardian ad litem, the department, the agency or other person to whom guardianship and custody of the child has been transferred under section 232.117, the child’s attorney, the child, the child’s former parent whose parental rights are the subject of the petition, any parent whose rights have not been terminated, the child’s current foster parent, the child’s relative caregiver, and the child’s tribe, if applicable. Notice shall be provided in the same manner as in section 232.37.
27. The court shall conditionally grant the petition if the court finds by clear and convincing evidence that the child has not been adopted, has not achieved the goals of the child’s case permanency plan, and is not imminently likely to achieve such goals, and that reinstatement of parental rights is in the child’s best interest. In determining whether reinstatement is in the child’s best interest the court shall consider, but is not limited to considering, all of the following: a. Whether the former parent whose rights are to be reinstated is a fit parent and has remedied the former parent’s deficits as provided in the record of the prior termination proceedings and prior termination order. b. Whether the former parent whose rights are to be reinstated understands the legal obligations, rights, and consequences of the reinstatement of parental rights and is willing and able to accept such obligations, rights, and consequences. c. The age and maturity of the child, and the ability of the child to express the child’s preference. d. Whether the reinstatement of parental rights will present a risk to the child’s health, welfare, or safety. e. Other material changes in circumstances, if any, that may have occurred which warrant the granting of the petition.
28. In determining whether the child has or has not achieved the goals of the child’s case permanency plan or whether the child is imminently likely to achieve the goals of the child’s case permanency plan, the department, or the agency or other person to whom guardianship and custody of the child has been transferred under section 232.117, shall provide the court, and the court shall review, information related to any efforts to achieve the goals of the case permanency plan including efforts to achieve adoption or a permanent placement.
29. a. If the court conditionally grants the petition under subsection 8, the case shall be continued for six months and a temporary order of reinstatement entered. During this period, the child shall be placed in the custody of the former parent. The department or agency shall develop a case permanency plan for the child reflecting reunification and shall provide transition services to the family, as appropriate. b. If the child must be removed from the former parent due to allegations of abuse or neglect prior to the expiration of the conditional six-month period, the court shall dismiss the petition for reinstatement of parental rights if the court finds the allegations have been proven by a preponderance of the evidence.
30. At the end of the six-month period, the court shall hold a hearing and order one of the following: a. If the placement with the former parent has been successful, the court shall enter a final order of reinstatement of parental rights which shall restore all rights, powers, privileges, immunities, duties, and obligations of the parent as to the child, including those relating to custody, control, and support of the child. The court shall vacate the dispositional order in the child in need of assistance proceeding and direct the clerk’s office to provide a certified copy of the final order of reinstatement of parental rights to the parent at no cost. b. If the placement with the former parent has not been successful, the court shall dismiss the petition and the child’s case permanency plan shall remain in effect.
31. A proceeding to reinstate parental rights is a separate action from the termination of parental rights proceeding and does not vacate or otherwise affect the validity of the original termination of parental rights order. An order granted under this section reinstates the former parent’s rights to the child. The reinstatement is a recognition that the situation of the parent and child has changed since the time of the termination of parental rights and reunification is now appropriate.
32. A parent whose rights are reinstated under this section shall not be liable for any child support owed to the department or costs of other services provided to a child for the time period from the date of termination of parental rights to the date parental rights are reinstated.
33. This section shall apply to any eligible child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
34. The state, the department, or an agency or other person or an employee of such entities is not liable for civil damages resulting from any act or omission in the provision of services under this section unless the act or omission constitutes gross negligence. This section does not create any duty and shall not be construed to create a duty where none exists. This section does not create a cause of action against the state, the department, an agency, another person, or the employees of such entities concerning the original termination.”
35. Title page, by striking lines 1 through 3 and inserting “An Act relating to child welfare including the transfer of legal custody of a child, notice of transfer of custody to a child’s adult relatives, judicial proceedings in child in need of assistance cases, the reinstatement of parental rights of a former parent under certain circumstances, and the disestablishment of paternity under certain circumstances.”

Official amendment (PDF) · In the Bill Book