Bills › 90th General Assembly

Relating to the vacation of certain termination of parental rights orders

Topics:Courts & civil law

Same legislation: SF 372, HF 400

Where it is now

  1. Done: IntroducedJanuary 18, 2023
  2. Done: SubcommitteeJanuary 26, 2023
  3. Done: House committeeFebruary 21, 2023
  4. Skipped: Passes the HouseContinued as HF 400
  5. Next: Senate committee
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Became HF 400 → Its progress continues under the new number. Go to HF 400 What’s a funnel?

What’s in it

AI summary If a parent gives up their rights by signing a release of custody, they can ask a court to cancel that decision within a specific number of days. This rule applies when there are other potential biological parents who have not yet had their rights addressed. A judge will only cancel the order if they decide it is in the best interest of the child.1

Read the official explanation

This bill relates to the vacation of certain termination of parental rights orders. Under the bill, if the court issues an order granting the termination of parental rights petition of a biological parent who indicated as the grounds for termination that the parent has signed a release of custody and the release has not been revoked, but the court has not issued an order granting the termination of parental rights of any other putative biological parent nor has the other putative biological parent consented to the adoption in lieu of termination of the parent’s parental rights thereby prohibiting the filing of an adoption petition, the court shall allow the parent for whom the court issued an order terminating parental rights to request a vacation of the order within days of issuance of the granting of the order. The period for the request shall not be waived or extended and a vacation shall not be granted after the expiration of the period. The juvenile court shall grant the vacation request only if it is in the best interest of the child. The supreme court shall prescribe rules to establish a period of days in which a terminated parent may request a vacation of a termination order under the bill.

Full bill text · What changed before it passed2

House subcommittee

Named January 26, 2023. On February 9, 2023 it recommended passage. Vote Total: 3-0.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Iowa Code it changes

Amends§600A.9

How the Code works3

Lobbying

1 for · 0 against · 3 undecided · Who →

Family tree

Earlier and later bills are matched by wording or an identical title.

Tried before

This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.

  • HF 212 Relating to the vacation of certain termination of parental rights orders
    89th General Assembly · Renumbered as HF 554 · same title
    Cleared committee
  • HF 554 Relating to the vacation of certain termination of parental rights orders
    89th General Assembly · Passed House · same title
    Passed a chamber

Matched by wording or an identical title.