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 identification information and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 232.2, subsection 4, paragraph f, subparagraph (7), Code 2011, is amended to read as follows:
   (7)  Provision for the department or a designee of the department on or before the date the child reaches age eighteen or upon entry of an order under this chapter for termination of parental rights to provide to the child a certified copy of the child’s birth certificate and to facilitate securing a federal social security card. The fee for the certified copy that is otherwise chargeable under section 144.13A, 144.46, or 331.605 shall be waived by the state or county registrar.
   Sec. 2.  Section 715A.8, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  A person whose parental rights with respect to a child have been terminated under section 232.117 who at any time fraudulently uses or attempts to fraudulently use the child’s identification information with the intent to obtain credit, property, services, or other benefit, commits the offense of identity theft.
EXPLANATION
   This bill relates to termination of parental rights and identification information by requiring certain identity documents to be provided to children upon entry of a court order for termination of parental rights and establishing an identity theft crime for persons whose parental rights have been terminated.
   The identity documents requirement is inserted as part of the definition of “case permanency plan” in Code section 232.2, that is required by federal law and applicable to children in a court-ordered out-of-home placement. Under current law, on or before a child in such a placement reaches age 18, the department of human services or a departmental designee is required to provide to the child a certified copy of the child’s birth certificate and to facilitate securing a federal social security card.
   Code section 715A.8, relating to the crime of identity theft, is amended to provide that a person whose parental rights with respect to a child have been terminated under Code section 232.117 who at any time fraudulently uses or attempts to fraudulently use the child’s identification information with the intent to obtain credit, property, services, or other benefit, commits the offense of identity theft. This crime is an unlawful practice under Code section 714.16, relating to consumer frauds, and may be punished with civil penalties ordered by the court. The victim of the identity theft may also bring a civil action under Code section 714.16B for damages, recovery of costs, and punitive damages.