House File 627 - Introduced HOUSE FILE 627 BY THEDE , STECKMAN , WITTNEBEN , H. MILLER , HANSON , KELLEY , LENSING , WOLFE , GASKILL , ABDUL-SAMAD , MASCHER , HEDDENS , HALL , KEARNS , THOMAS , PETERSEN , LOFGREN , MUHLBAUER , MURPHY , WINCKLER , BALTIMORE , and BRANDENBURG A BILL FOR An Act relating to termination of parental rights and 1 identification information and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2552HH (4) 84 jp/nh
H.F. 627 Section 1. Section 232.2, subsection 4, paragraph f, 1 subparagraph (7), Code 2011, is amended to read as follows: 2 (7) Provision for the department or a designee of the 3 department on or before the date the child reaches age eighteen 4 or upon entry of an order under this chapter for termination of 5 parental rights to provide to the child a certified copy of the 6 child’s birth certificate and to facilitate securing a federal 7 social security card. The fee for the certified copy that is 8 otherwise chargeable under section 144.13A , 144.46 , or 331.605 9 shall be waived by the state or county registrar. 10 Sec. 2. Section 715A.8, Code 2011, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 9. A person whose parental rights with 13 respect to a child have been terminated under section 232.117 14 who at any time fraudulently uses or attempts to fraudulently 15 use the child’s identification information with the intent to 16 obtain credit, property, services, or other benefit, commits 17 the offense of identity theft. 18 EXPLANATION 19 This bill relates to termination of parental rights and 20 identification information by requiring certain identity 21 documents to be provided to children upon entry of a court 22 order for termination of parental rights and establishing an 23 identity theft crime for persons whose parental rights have 24 been terminated. 25 The identity documents requirement is inserted as part of 26 the definition of “case permanency plan” in Code section 232.2, 27 that is required by federal law and applicable to children in 28 a court-ordered out-of-home placement. Under current law, 29 on or before a child in such a placement reaches age 18, 30 the department of human services or a departmental designee 31 is required to provide to the child a certified copy of the 32 child’s birth certificate and to facilitate securing a federal 33 social security card. 34 Code section 715A.8, relating to the crime of identity 35 -1- LSB 2552HH (4) 84 jp/nh 1/ 2
H.F. 627 theft, is amended to provide that a person whose parental 1 rights with respect to a child have been terminated under Code 2 section 232.117 who at any time fraudulently uses or attempts 3 to fraudulently use the child’s identification information 4 with the intent to obtain credit, property, services, or other 5 benefit, commits the offense of identity theft. This crime 6 is an unlawful practice under Code section 714.16, relating 7 to consumer frauds, and may be punished with civil penalties 8 ordered by the court. The victim of the identity theft may 9 also bring a civil action under Code section 714.16B for 10 damages, recovery of costs, and punitive damages. 11 -2- LSB 2552HH (4) 84 jp/nh 2/ 2