H.F. 318 Section 1. Section 144.13, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. The state registrar shall include 3 with the birth certificate application, a separate statement, 4 to be attested to by any parent and submitted to the state 5 registrar, that in accordance with section 252A.3, the parent 6 is liable for support of the child. The statement shall also 7 provide notification to a parent that failure to comply with 8 section 252A.3 may subject the parent to a proceeding to compel 9 support pursuant to section 252A.5 and that failure or refusal 10 to provide support for the person’s child may be grounds 11 for the crime of nonsupport pursuant to section 726.5. The 12 signed attestation submitted to the state registrar under this 13 subsection is considered a confidential record under chapter 14 22. The birth certificate application shall also include 15 separate contact information for state agencies, including 16 but not limited to the department of workforce development, 17 that assist individuals in finding employment and a detachable 18 checkoff for a parent who is unemployed to request assistance 19 in finding employment. 20 Sec. 2. Section 144.13, subsection 3, Code 2013, is amended 21 to read as follows: 22 3. a. If the mother was not married at the time of 23 conception, birth, and at any time during the period between 24 conception and birth, the mother shall enter the name of the 25 father shall not be entered on the certificate of birth, 26 unless a determination of subject to paternity has been made 27 being established pursuant to section 252A.3 , in which case 28 the name of the father as established shall be entered by 29 the department . If The mother may refuse to enter the name 30 of the father is not named on the certificate of birth , no 31 other information about the father shall be entered on the 32 certificate only if the mother files an affidavit with the 33 certificate of birth, under penalty of perjury, attesting that 34 she does not know who the father is or attesting that she 35 -1- LSB 1406YH (11) 85 pf/nh 1/ 5

H.F. 318 has made a good-faith effort to identify the father but was 1 unable to do so as supported by evidence demonstrating the 2 good-faith effort, or if good cause is shown . If a mother 3 files an affidavit or asserts good cause in refusing to enter 4 the name of the father on the birth certificate, upon receipt 5 of the birth certificate by the state registrar, the state 6 registrar shall forward the affidavit or good cause claim and 7 any supporting evidence to the department of human services for 8 investigation. If the mother’s affidavit or good cause claim 9 and the investigation of the supporting evidence satisfies the 10 department of human services, the department of human services 11 shall grant the exemption and notify the state registrar. 12 b. For the purposes of this subsection, “good cause” exists 13 when the mother asserts and provides evidence to support any 14 of the following claims in refusing to name the father on the 15 birth certificate: 16 (1) That a history of domestic abuse as defined in section 17 236.2 exists. 18 (2) That a history of child abuse as defined in section 19 232.68 exists. 20 (3) That the child was conceived as a result of incest or 21 sexual abuse. 22 c. Evidence supporting a good cause claim includes but is 23 not limited to any of the following: 24 (1) A medical or law enforcement record indicating that the 25 child was conceived as the result of incest or sexual abuse. 26 (2) Documentation of commencement of an action pursuant to 27 section 236.3, the issuance of a protective order against the 28 parent or the issuance of a court order or consent agreement 29 pursuant to section 236.5, the issuance of an emergency order 30 pursuant to section 236.6, the holding of a parent in contempt 31 pursuant to section 664A.7, the response of a peace officer to 32 the scene of alleged domestic abuse or the arrest of a parent 33 following response to a report of alleged domestic abuse, or 34 a conviction for domestic abuse assault pursuant to section 35 -2- LSB 1406YH (11) 85 pf/nh 2/ 5

H.F. 318 708.2A. 1 (3) Documentation of founded child abuse pursuant to 2 section 232.71D. 3 (4) Sworn statements from individuals other than the mother 4 that provide evidence supporting the good cause claim. 5 d. The department shall adopt rules pursuant to chapter 6 17A to specify the documentation necessary to demonstrate a 7 good-faith effort by the mother in identifying the father of 8 the child under this subsection. 9 e. An affidavit or good cause claim with any supporting 10 evidence submitted under this subsection is a confidential 11 record under chapter 22. 12 f. A decision by the department under this subsection 13 is final agency action and is subject to judicial review in 14 accordance with chapter 17A. 15 Sec. 3. NEW SECTION . 217.25 Prerequisite for receipt of 16 public assistance. 17 The department of human services shall establish as a 18 prerequisite for application for the family investment 19 program pursuant to chapter 239B or the medical assistance 20 program pursuant to chapter 249A that the entity receiving the 21 application verify that any child who is included in the family 22 unit has a completed birth certificate pursuant to section 23 144.13, unless an exemption was granted based on an affidavit 24 filed or good cause shown pursuant to section 144.13. If 25 the department determines that the birth certificate is not 26 complete and an exemption was not granted, the department shall 27 deny the application for assistance and inform the applicant of 28 the denial. A decision by the department under this subsection 29 is final agency action and is subject to judicial review in 30 accordance with chapter 17A. 31 EXPLANATION 32 This bill relates to custody and support of a child. 33 The bill directs the state registrar to include with the 34 birth certificate application, a separate statement, to be 35 -3- LSB 1406YH (11) 85 pf/nh 3/ 5

H.F. 318 attested to by any parent and submitted to the state registrar, 1 that in accordance with Code section 252A.3, the parent is 2 liable for support of the child. The statement is also to 3 provide notification to a parent that failure to comply with 4 this provision may subject the parent to a proceeding to compel 5 support and that failure or refusal to provide support for the 6 person’s child may be grounds for the crime of nonsupport, 7 which is a class “D” felony. A class “D” felony is punishable 8 by confinement for no more than five years and a fine of at 9 least $750 but not more than $7,500. The signed attestation 10 submitted to the state registrar is considered a confidential 11 record. The birth certificate application is also to include 12 separate contact information for state agencies, including 13 but not limited to the department of workforce development, 14 that assist individuals in finding employment and a detachable 15 checkoff for a parent who is unemployed to request assistance 16 in finding employment. 17 The bill amends Code section 144.13 to require a mother 18 who was not married at the time of the conception, birth, and 19 at any time during the period between conception and birth 20 to enter the name of the father on the certificate of birth, 21 unless the mother files an affidavit, under penalty of perjury, 22 attesting to not knowing who the father is or attesting that 23 she has made a good-faith effort to identify the father but 24 was unable to do so as supported by evidence demonstrating 25 the good-faith effort, or if good cause is shown. The bill 26 provides that if a mother files the affidavit or asserts good 27 cause in refusing to enter the name of the father on the birth 28 certificate, upon receipt of the birth certificate by the state 29 registrar, the state registrar shall forward the claim and any 30 supporting evidence to the department of human services (DHS) 31 for investigation. If the mother’s claim and the investigation 32 of the supporting evidence satisfies DHS, DHS is required to 33 grant the exemption and notify the state registrar. The bill 34 specifies what constitutes “good cause”, what constitutes 35 -4- LSB 1406YH (11) 85 pf/nh 4/ 5

H.F. 318 evidence supporting a claim of “good cause”, and directs DHS 1 to adopt rules to specify the documentation necessary for a 2 good-faith effort claim. The affidavits, good cause claim, and 3 supporting evidence are confidential records. The department’s 4 decision is final agency action and subject to judicial review. 5 The bill directs DHS to establish as a prerequisite for 6 application for the family investment program or the medical 7 assistance program that the entity receiving the application 8 verifies that any child who is included in the family unit has 9 a completed birth certificate pursuant to Code section 144.13, 10 unless an exemption was granted based on the affidavit filed by 11 the mother or for good cause. If DHS determines that the birth 12 certificate is not complete and an exemption was not granted, 13 the department shall deny the application for assistance and 14 inform the applicant of the denial. The department’s decision 15 is final agency action and subject to judicial review. 16 -5- LSB 1406YH (11) 85 pf/nh 5/ 5