SSB 1003

This bill relates to actions to overcome paternity during a child in need of assistance proceeding or a termination of parental rights proceeding, and the jurisdiction of the juvenile court to initiate an action to overcome paternity. The bill provides that for the purposes of Code chapter 232 (juvenile justice), “parent” does not include a father whose paternity has been overcome. The bill provides authority for the juvenile court during a child in need of assistance (CINA) proceeding or termination of parent-child relationship proceeding under Code chapter 232, on its own motion or that of any party, to require the child and established father to submit to blood or genetic testing to challenge the paternity of the child. _____ may enter an order overcoming paternity of an established father if: the child has been adjudicated a CINA in an active juvenile court case and a dispositional order in that case is in place; paternity of the child has been legally established; the conclusion of the expert as disclosed by the evidence based upon blood or genetic testing demonstrates that the established father is not the biological father of the child; and the established father agrees that his paternity should be overcome or the established father objects to having his paternity overcome but the court finds that it is in the best interest of the child to overcome his paternity. The bill provides that when the criteria for overcoming paternity are met, the juvenile court shall enter an order overcoming paternity, and shall send a copy of the order to the clerk of the district court. The juvenile court shall designate the petitioner and respondent for the purposes of the order. Upon receipt of the order by the district court, the clerk of the district court shall docket the case. Filing fees and other court costs shall not be assessed against the parties. The district court shall take judicial notice of the juvenile file in any hearing related to the case. Records contained in the district court case file that were copied or transferred from the juvenile court file concerning the case are subject to the confidentiality provisions of Code chapter 232 for cases not involving juvenile delinquency, and shall be disclosed, upon request, to the child support recovery unit without a court order. If paternity testing is completed and the established father is not excluded as the biological father of the child, the court shall find the established father to be the biological father of the child and a necessary party to the action. The provisions of the bill are not to be construed to require appointment of counsel for the parties in the district court action.41A (actions to overcome paternity —— applicability —— conditions) specific to an action under the jurisdiction of the juvenile court to overcome paternity in a child in need of assistance proceeding.6306 (jurisdiction, procedure, appeals) relating to the jurisdiction of district associate judges when designated as a judge of the juvenile court, to include the overcoming of paternity proceedings created in the bill.