House
Study
Bill
224
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
service
of
process
relating
to
juvenile
1
delinquency
proceedings
and
termination
of
the
parent-child
2
relationship
proceedings.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2757YC
(1)
88
pf/rh
H.F.
_____
Section
1.
Section
232.37,
subsection
4,
Code
2019,
is
1
amended
to
read
as
follows:
2
4.
Service
of
summons
or
notice
shall
be
made
personally
by
3
the
sheriff
by
delivering
a
copy
of
the
summons
or
notice
to
4
the
person
being
served.
If
the
court
determines
that
personal
5
service
of
a
summons
or
notice
is
impracticable,
the
court
may
6
order
service
by
certified
mail
addressed
to
the
last
known
7
address
,
or
by
electronic
mail
or
other
electronic
means
with
8
the
consent
of
the
party
to
be
served
.
Service
of
summons
or
9
notice
shall
be
made
not
less
than
five
days
before
the
time
10
fixed
for
hearing.
Service
of
summons,
notice,
subpoenas
or
11
other
process,
after
an
initial
valid
summons
or
notice,
shall
12
be
made
in
accordance
with
the
rules
of
the
court
governing
13
such
service
in
civil
actions.
14
Sec.
2.
Section
232.112,
subsection
3,
Code
2019,
is
amended
15
to
read
as
follows:
16
3.
Notice
under
this
section
shall
be
served
personally
,
17
or
shall
be
sent
by
restricted
certified
mail,
or
sent
by
18
electronic
mail
or
other
electronic
means
with
the
consent
of
19
the
party
to
be
served,
whichever
is
determined
by
the
court
to
20
be
the
most
effective
means
of
notification.
Such
notice
shall
21
be
made
according
to
the
rules
of
civil
procedure
relating
to
22
an
original
notice
where
not
inconsistent
with
the
provisions
23
of
this
section
.
Notice
by
personal
delivery
shall
be
served
24
not
less
than
seven
days
prior
to
the
hearing
on
termination
25
of
parental
rights.
Notice
by
restricted
certified
mail
shall
26
be
sent
not
less
than
fourteen
days
prior
to
the
hearing
27
on
termination
of
parental
rights.
A
notice
by
restricted
28
certified
mail
which
is
refused
by
the
necessary
party
given
29
notice
shall
be
sufficient
notice
to
the
party
under
this
30
section
.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
provides
an
alternative
to
service
of
process
35
-1-
LSB
2757YC
(1)
88
pf/rh
1/
2
H.F.
_____
relating
to
juvenile
delinquency
proceedings
and
termination
of
1
parental
rights
proceedings
under
Code
chapter
232
(juvenile
2
justice).
3
The
bill
provides
that
in
the
context
of
providing
service
of
4
a
summons
or
notice
to
specified
parties
relating
to
a
formal
5
judicial
proceeding
to
determine
whether
a
child
has
committed
6
a
delinquent
act,
if
the
court
determines
that
personal
service
7
of
a
summons
or
notice
is
impracticable,
the
court
may,
in
8
addition
to
the
current
option
of
ordering
service
by
certified
9
mail
addressed
to
the
last
known
address
of
the
party,
provide
10
service
by
electronic
mail
or
other
electronic
means
with
the
11
consent
of
the
party
to
be
served.
12
In
the
context
of
termination
of
the
parent-child
13
relationship
proceeding,
the
bill
provides
that
the
provision
14
of
notice
to
necessary
parties,
in
addition
to
the
current
15
options
of
personal
service
and
sending
notice
by
restricted
16
certified
mail,
shall
include
sending
notice
by
electronic
mail
17
or
other
electronic
means
with
the
consent
of
the
party
to
be
18
served,
whichever
is
determined
by
the
court
to
be
the
most
19
effective
means
of
notification.
20
-2-
LSB
2757YC
(1)
88
pf/rh
2/
2