SF 89 (LSB 1670XS (2) 87)

SENATE FILE 89

BY  ZAUN

A BILL FOR

An Act relating to the grounds for termination of parental rights.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 600A.8, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.  a.  The parent is palpably unfit to be a party to the parent-child relationship as determined by a consistent pattern of specific conduct or specific conditions directly relating to the parent-child relationship which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to provide the appropriate care and support for the ongoing physical, mental, or emotional needs of the child.
   b.  In making a determination that a parent is palpably unfit, the court may consider any specific conduct or specific conditions directly relating to the parent-child relationship that the court deems significant in rendering the parent unable to provide the appropriate care and support for the ongoing physical, mental, or emotional needs of the child. Such conduct or conditions may include but are not limited to the parent’s history relating to a substance-related disorder as defined in section 125.2 that results in the parent being a danger to self or others as evidenced by prior acts; the parent’s history of domestic abuse assault pursuant to section 708.2A; the parent’s history of imprisonment for a felony offense including any crime against a child; or the parent’s current imprisonment from which the parent is unlikely to be released in five years or less.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides an additional ground for termination of parental rights. The bill provides that under Code chapter 600A, the court may order the termination of parental rights if the court finds the parent to be palpably unfit as determined by a consistent pattern of specific conduct or specific conditions directly relating to the parent-child relationship which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to provide the appropriate care and support for the ongoing physical, mental, or emotional needs of the child. The bill provides that in making a determination that a parent is palpably unfit, the court may consider any specific conduct or specific conditions directly relating to the parent-child relationship that the court deems significant in rendering the parent unable to provide the appropriate care and support for the ongoing physical, mental, or emotional needs of the child. Such conduct or conditions may include but are not limited to the parent’s history relating to a substance-related disorder as defined in Code section 125.2 that results in the parent being a danger to self or others as evidenced by prior acts; the parent’s history of domestic abuse assault pursuant to Code section 708.2A; the parent’s history of imprisonment for a felony offense including any crime against a child; or the parent’s current imprisonment from which the parent is unlikely to be released in five years or less.