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House Study Bill 5 - IntroducedA Bill ForAn Act 1relating to paternity in certain actions before the
2juvenile court.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.2, subsection 44, Code 2023, is
2amended to read as follows:
344. “Parent” means a biological or adoptive mother or father
4of a child; or a father whose paternity has been established
5by one of the methods enumerated in section 252A.3, subsection
610, or by operation of law due to the individual’s established
7father’s marriage to the mother at the time of conception,
8birth, or at any time during the period between conception
9and birth of the child, by order of a court of competent
10jurisdiction, or by administrative order when authorized
11by state law. “Parent” does not include a mother or father
12whose parental rights have been terminated or a father whose
13paternity has been overcome pursuant to section 232.3A.
14 Sec. 2. NEW SECTION. 232.3A Authority relating to action
15to overcome paternity in a child in need of assistance or
16termination of parental rights proceeding.
171. During an action under subchapter III, child in need
18of assistance proceedings, or subchapter IV, termination of
19parent-child relationship proceedings of this chapter, the
20court may on its own motion or that of any party, require the
21child and established father of the child to submit to blood or
22genetic testing in accordance with the procedures and method
23prescribed under section 600B.41 to overcome the paternity of
24the established father.
252. The juvenile court may enter an order overcoming
26paternity of an established father pursuant to section 600B.41A
27if all of the following conditions are met:
28a. The child has been adjudicated a child in need of
29assistance in an active juvenile court case and a dispositional
30order in that case is in place.
31b. Paternity of the child has been legally established,
32including by one of the methods enumerated in section 252A.3,
33subsection 10, or by operation of law due to the established
34father’s marriage to the mother at the time of conception,
35birth, or at any time during the period between conception and
-1-1the birth of the child.
2c. Pursuant to section 600B.41, the conclusion of the
3expert as disclosed by the evidence based upon blood or genetic
4testing demonstrates that the established father is not the
5biological father of the child.
6d. The established father agrees that the established
7father’s paternity should be overcome or the established father
8objects to having his paternity overcome but the court finds
9that it is in the best interest of the child to overcome the
10established father’s paternity.
113. When the criteria specified in subsection 2 are met, the
12juvenile court shall enter an order overcoming paternity, and
13shall send a copy of the order to the clerk of the district
14court. The juvenile court shall designate the petitioner and
15respondent for the purposes of the order.
164. Upon receipt of the order by the district court, the
17clerk of the district court shall docket the case. Filing
18fees and other court costs shall not be assessed against the
19parties.
205. The district court shall take judicial notice of the
21juvenile file in any hearing related to the case. Records
22contained in the district court case file that were copied or
23transferred from the juvenile court file concerning the case
24shall be subject to section 232.147 and other confidentiality
25provisions of this chapter for cases not involving juvenile
26delinquency, and shall be disclosed, upon request, to the child
27support recovery unit without a court order.
286. If paternity testing is completed and the established
29father is not excluded as the biological father of the child,
30the juvenile court shall find the established father to be the
31biological father of the child and a necessary party to the
32action.
337. Nothing in this section shall be construed to require
34appointment of counsel for the parties in the district court
35action.
-2-1 Sec. 3. Section 232.103A, subsection 1, paragraph b, Code
22023, is amended to read as follows:
3b. Paternity of the child has been legally established by
4one of the methods enumerated in section 252A.3, subsection
510, including or by operation of law due to the individual’s
6 established father’s marriage to the mother at the time of
7conception, birth, or at any time during the period between
8conception and birth of the child, by order of a court of
9competent jurisdiction, or by administrative order when
10authorized by state law.
11 Sec. 4. Section 252A.6A, subsection 2, paragraph a,
12subparagraph (1), Code 2023, is amended to read as follows:
13(1) If the prior determination of paternity is based on an
14affidavit of paternity filed pursuant to section 252A.3A, or an
15administrative order entered pursuant to chapter 252F has been
16legally established by one of the methods enumerated in section
17252A.3, subsection 10, or an order by the courts of this
18state, or by operation of law when the mother and due to the
19 established father are or were married to each other father’s
20marriage to the mother at the time of conception, birth, or at
21any time during the period between conception and birth of the
22child, the provisions of section 600B.41A are applicable.
23 Sec. 5. Section 252A.6A, subsection 2, paragraph b, Code
242023, is amended to read as follows:
25b. If Notwithstanding paragraph “a”, subparagraph (1),
26if the prior determination of paternity is based on an
27administrative or court order or by any other means, pursuant
28to the laws of another state or foreign country, an action to
29overcome the prior determination of paternity shall be filed in
30that jurisdiction. Unless the party requests and is granted a
31stay of an action to establish child or medical support, the
32action shall proceed as otherwise provided.
33 Sec. 6. Section 252C.4, subsection 7, paragraph a,
34subparagraph (1), Code 2023, is amended to read as follows:
35(1) If the prior determination of paternity is based on an
-3-1affidavit of paternity filed pursuant to section 252A.3A, or an
2administrative order entered pursuant to chapter 252F has been
3legally established by one of the methods enumerated in section
4252A.3, subsection 10, or an order by the courts of this
5state, or by operation of law when the mother and due to the
6 established father are or were married to each other father’s
7marriage to the mother at the time of conception, birth, or at
8any time during the period between conception and birth of the
9child, the provisions of section 600B.41A are applicable.
10 Sec. 7. Section 252C.4, subsection 7, paragraph b, Code
112023, is amended to read as follows:
12b. If Notwithstanding paragraph “a”, subparagraph (1),
13if the prior determination of paternity is based on an
14administrative or court order or other means, pursuant to the
15laws of another state or foreign country, an action to overcome
16the prior determination of paternity shall be filed in that
17jurisdiction. Unless the responsible person requests and is
18granted a stay of an action initiated under this chapter to
19establish child or medical support, the action shall proceed as
20otherwise provided by this chapter.
21 Sec. 8. Section 598.21E, subsection 1, paragraph a,
22subparagraph (1), Code 2023, is amended to read as follows:
23(1) If the prior determination of paternity is based on
24an affidavit of paternity filed pursuant to section 252A.3A,
25or a court or administrative order entered in this state has
26been legally established by one of the methods enumerated in
27section 252A.3, subsection 10, or by operation of law when the
28mother and due to the established father are or were married
29to each other father’s marriage to the mother at the time of
30conception, birth, or at any time during the period between
31conception and birth of the child, the provisions of section
32600B.41A apply.
33 Sec. 9. Section 598.21E, subsection 1, paragraph b, Code
342023, is amended to read as follows:
35b. If Notwithstanding paragraph “a”, subparagraph (1), if
-4-1 a determination of paternity is based on an administrative or
2court order or other means pursuant to the laws of another
3state or foreign country as defined in chapter 252K, any action
4to overcome the prior determination of paternity shall be filed
5in that jurisdiction. Unless a stay of the action initiated in
6this state to establish child or medical support is requested
7and granted by the court, pending a resolution of the contested
8paternity issue by the other state or foreign country as
9defined in chapter 252K, the action shall proceed.
10 Sec. 10. Section 600B.41A, subsection 1, Code 2023, is
11amended to read as follows:
121. Paternity which is legally established may be overcome
13as provided in this section if subsequent blood or genetic
14testing indicates that the previously established father of
15a child is not the biological father of the child. Unless
16otherwise provided in this section, this section applies to the
17overcoming of paternity which has been established according
18to any of the means provided by one of the methods enumerated
19 in section 252A.3, subsection 10, or by operation of law when
20 due to the established father and father’s marriage to the
21mother of the child are or were married to each other, or as
22determined by a court of this state under any other applicable
23chapter at the time of conception, birth, or at any time during
24the period between conception and birth of the child.
25 Sec. 11. Section 600B.41A, Code 2023, is amended by adding
26the following new subsection:
27 NEW SUBSECTION. 3A. Establishment of paternity may be
28overcome under this section by a juvenile court pursuant to
29section 232.3A if all of the following conditions are met:
30a. Paternity of a child is contested during an active
31child in need of assistance proceeding and the child is under
32the jurisdiction of the juvenile court at the time an order
33overcoming paternity is entered.
34b. A guardian ad litem is appointed for the child.
35c. Notice of the action to overcome paternity is served on
-5-1any parent of the child in accordance with chapter 232 and if
2enforcement services are being provided by the child support
3recovery unit pursuant to chapter 252B, notice shall also be
4served on the child support recovery unit.
5d. Blood or genetic testing is conducted in accordance with
6sections 232.3A and 600B.41.
7(1) Unless otherwise specified pursuant to subsection 2 or
89, blood or genetic testing shall be conducted in an action to
9overcome the establishment of paternity in the child in need of
10assistance proceeding.
11(2) Unless otherwise specified in this section, section
12600B.41 applies to blood or genetic testing conducted as the
13result of an action brought to overcome paternity.
14(3) The juvenile court may order additional testing to
15be conducted by the expert or an independent expert in order
16to confirm a test upon which an expert concludes that the
17established father is not the biological father of the child.
18e. The juvenile court finds all of the following, as
19applicable:
20(1) That the conclusion of the expert as disclosed by the
21evidence based upon blood or genetic testing demonstrates that
22the established father is not the biological father of the
23child.
24(2) If paternity was established pursuant to section
25252A.3A, the signed affidavit was based on fraud, duress, or
26material mistake of fact.
27(3) The established father agrees that his paternity should
28be overcome or the juvenile court finds it is in the best
29interest of the child that the established father’s paternity
30be overcome despite the established father’s objection.
31 Sec. 12. Section 600B.41A, subsection 4, unnumbered
32paragraph 1, Code 2023, is amended to read as follows:
33If the court finds that the establishment of paternity is
34overcome, in accordance with all of the conditions prescribed
35under subsection 3 or 3A, the court shall enter an order which
-6-1provides all of the following:
2 Sec. 13. Section 602.6306, subsection 2, Code 2023, is
3amended to read as follows:
42. District associate judges also have jurisdiction
5in civil actions for money judgment where the amount in
6controversy does not exceed ten thousand dollars; jurisdiction
7over involuntary commitment, treatment, or hospitalization
8proceedings under chapters 125 and 229; jurisdiction of
9indictable misdemeanors, class “D” felony violations, and
10other felony arraignments; jurisdiction to enter a temporary
11or emergency order of protection under chapter 235F or 236,
12and to make court appointments and set hearings in criminal
13matters; jurisdiction to enter orders in probate which do not
14require notice and hearing and to set hearings in actions under
15chapter 633 or 633A; and the jurisdiction provided in section
16232.3A, 600.41A, or 602.7101 when designated as a judge of the
17juvenile court. While presiding in these subject matters a
18district associate judge shall employ district judges’ practice
19and procedure.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to actions to overcome paternity during
24a child in need of assistance proceeding or a termination
25of parental rights proceeding, and the jurisdiction of the
26juvenile court to initiate an action to overcome paternity.
27The bill provides that for the purposes of Code chapter 232
28(juvenile justice), “parent” does not include a father whose
29paternity has been overcome.
30The bill provides authority for the juvenile court during a
31child in need of assistance (CINA) proceeding or termination of
32parent-child relationship proceeding under Code chapter 232,
33on its own motion or that of any party, to require the child
34and established father to submit to blood or genetic testing
35to challenge the paternity of the child. The juvenile court
-7-1may enter an order overcoming paternity of an established
2father if: the child has been adjudicated a CINA in an active
3juvenile court case and a dispositional order in that case is
4in place; paternity of the child has been legally established;
5the conclusion of the expert as disclosed by the evidence based
6upon blood or genetic testing demonstrates that the established
7father is not the biological father of the child; and the
8established father agrees that his paternity should be overcome
9or the established father objects to having his paternity
10overcome but the court finds that it is in the best interest
11of the child to overcome his paternity. The bill provides
12that when the criteria for overcoming paternity are met, the
13juvenile court shall enter an order overcoming paternity, and
14shall send a copy of the order to the clerk of the district
15court. The juvenile court shall designate the petitioner and
16respondent for the purposes of the order. Upon receipt of the
17order by the district court, the clerk of the district court
18shall docket the case. Filing fees and other court costs shall
19not be assessed against the parties.
20The district court shall take judicial notice of the
21juvenile file in any hearing related to the case. Records
22contained in the district court case file that were copied or
23transferred from the juvenile court file concerning the case
24are subject to the confidentiality provisions of Code chapter
25232 for cases not involving juvenile delinquency, and shall be
26disclosed, upon request, to the child support recovery unit
27without a court order.
28If paternity testing is completed and the established father
29is not excluded as the biological father of the child, the
30court shall find the established father to be the biological
31father of the child and a necessary party to the action. The
32provisions of the bill are not to be construed to require
33appointment of counsel for the parties in the district court
34action.
35The bill also establishes the criteria under Code section
-8-1600B.41A (actions to overcome paternity — applicability —
2conditions) specific to an action under the jurisdiction of
3the juvenile court to overcome paternity in a child in need of
4assistance proceeding.
5The bill makes conforming changes throughout the Code
6relating to legally establishing paternity and under Code
7section 602.6306 (jurisdiction, procedure, appeals) relating to
8the jurisdiction of district associate judges when designated
9as a judge of the juvenile court, to include the overcoming of
10paternity proceedings created in the bill.
-9-pf/rh
2juvenile court.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.2, subsection 44, Code 2023, is
2amended to read as follows:
344. “Parent” means a biological or adoptive mother or father
4of a child; or a father whose paternity has been established
5by one of the methods enumerated in section 252A.3, subsection
610, or by operation of law due to the individual’s established
7father’s marriage to the mother at the time of conception,
8birth, or at any time during the period between conception
9and birth of the child, by order of a court of competent
10jurisdiction, or by administrative order when authorized
11by state law. “Parent” does not include a mother or father
12whose parental rights have been terminated or a father whose
13paternity has been overcome pursuant to section 232.3A.
14 Sec. 2. NEW SECTION. 232.3A Authority relating to action
15to overcome paternity in a child in need of assistance or
16termination of parental rights proceeding.
171. During an action under subchapter III, child in need
18of assistance proceedings, or subchapter IV, termination of
19parent-child relationship proceedings of this chapter, the
20court may on its own motion or that of any party, require the
21child and established father of the child to submit to blood or
22genetic testing in accordance with the procedures and method
23prescribed under section 600B.41 to overcome the paternity of
24the established father.
252. The juvenile court may enter an order overcoming
26paternity of an established father pursuant to section 600B.41A
27if all of the following conditions are met:
28a. The child has been adjudicated a child in need of
29assistance in an active juvenile court case and a dispositional
30order in that case is in place.
31b. Paternity of the child has been legally established,
32including by one of the methods enumerated in section 252A.3,
33subsection 10, or by operation of law due to the established
34father’s marriage to the mother at the time of conception,
35birth, or at any time during the period between conception and
-1-1the birth of the child.
2c. Pursuant to section 600B.41, the conclusion of the
3expert as disclosed by the evidence based upon blood or genetic
4testing demonstrates that the established father is not the
5biological father of the child.
6d. The established father agrees that the established
7father’s paternity should be overcome or the established father
8objects to having his paternity overcome but the court finds
9that it is in the best interest of the child to overcome the
10established father’s paternity.
113. When the criteria specified in subsection 2 are met, the
12juvenile court shall enter an order overcoming paternity, and
13shall send a copy of the order to the clerk of the district
14court. The juvenile court shall designate the petitioner and
15respondent for the purposes of the order.
164. Upon receipt of the order by the district court, the
17clerk of the district court shall docket the case. Filing
18fees and other court costs shall not be assessed against the
19parties.
205. The district court shall take judicial notice of the
21juvenile file in any hearing related to the case. Records
22contained in the district court case file that were copied or
23transferred from the juvenile court file concerning the case
24shall be subject to section 232.147 and other confidentiality
25provisions of this chapter for cases not involving juvenile
26delinquency, and shall be disclosed, upon request, to the child
27support recovery unit without a court order.
286. If paternity testing is completed and the established
29father is not excluded as the biological father of the child,
30the juvenile court shall find the established father to be the
31biological father of the child and a necessary party to the
32action.
337. Nothing in this section shall be construed to require
34appointment of counsel for the parties in the district court
35action.
-2-1 Sec. 3. Section 232.103A, subsection 1, paragraph b, Code
22023, is amended to read as follows:
3b. Paternity of the child has been legally established by
4one of the methods enumerated in section 252A.3, subsection
510, including or by operation of law due to the individual’s
6 established father’s marriage to the mother at the time of
7conception, birth, or at any time during the period between
8conception and birth of the child, by order of a court of
9competent jurisdiction, or by administrative order when
10authorized by state law.
11 Sec. 4. Section 252A.6A, subsection 2, paragraph a,
12subparagraph (1), Code 2023, is amended to read as follows:
13(1) If the prior determination of paternity is based on an
14affidavit of paternity filed pursuant to section 252A.3A, or an
15administrative order entered pursuant to chapter 252F has been
16legally established by one of the methods enumerated in section
17252A.3, subsection 10, or an order by the courts of this
18state, or by operation of law when the mother and due to the
19 established father are or were married to each other father’s
20marriage to the mother at the time of conception, birth, or at
21any time during the period between conception and birth of the
22child, the provisions of section 600B.41A are applicable.
23 Sec. 5. Section 252A.6A, subsection 2, paragraph b, Code
242023, is amended to read as follows:
25b. If Notwithstanding paragraph “a”, subparagraph (1),
26if the prior determination of paternity is based on an
27administrative or court order or by any other means, pursuant
28to the laws of another state or foreign country, an action to
29overcome the prior determination of paternity shall be filed in
30that jurisdiction. Unless the party requests and is granted a
31stay of an action to establish child or medical support, the
32action shall proceed as otherwise provided.
33 Sec. 6. Section 252C.4, subsection 7, paragraph a,
34subparagraph (1), Code 2023, is amended to read as follows:
35(1) If the prior determination of paternity is based on an
-3-1affidavit of paternity filed pursuant to section 252A.3A, or an
2administrative order entered pursuant to chapter 252F has been
3legally established by one of the methods enumerated in section
4252A.3, subsection 10, or an order by the courts of this
5state, or by operation of law when the mother and due to the
6 established father are or were married to each other father’s
7marriage to the mother at the time of conception, birth, or at
8any time during the period between conception and birth of the
9child, the provisions of section 600B.41A are applicable.
10 Sec. 7. Section 252C.4, subsection 7, paragraph b, Code
112023, is amended to read as follows:
12b. If Notwithstanding paragraph “a”, subparagraph (1),
13if the prior determination of paternity is based on an
14administrative or court order or other means, pursuant to the
15laws of another state or foreign country, an action to overcome
16the prior determination of paternity shall be filed in that
17jurisdiction. Unless the responsible person requests and is
18granted a stay of an action initiated under this chapter to
19establish child or medical support, the action shall proceed as
20otherwise provided by this chapter.
21 Sec. 8. Section 598.21E, subsection 1, paragraph a,
22subparagraph (1), Code 2023, is amended to read as follows:
23(1) If the prior determination of paternity is based on
24an affidavit of paternity filed pursuant to section 252A.3A,
25or a court or administrative order entered in this state has
26been legally established by one of the methods enumerated in
27section 252A.3, subsection 10, or by operation of law when the
28mother and due to the established father are or were married
29to each other father’s marriage to the mother at the time of
30conception, birth, or at any time during the period between
31conception and birth of the child, the provisions of section
32600B.41A apply.
33 Sec. 9. Section 598.21E, subsection 1, paragraph b, Code
342023, is amended to read as follows:
35b. If Notwithstanding paragraph “a”, subparagraph (1), if
-4-1 a determination of paternity is based on an administrative or
2court order or other means pursuant to the laws of another
3state or foreign country as defined in chapter 252K, any action
4to overcome the prior determination of paternity shall be filed
5in that jurisdiction. Unless a stay of the action initiated in
6this state to establish child or medical support is requested
7and granted by the court, pending a resolution of the contested
8paternity issue by the other state or foreign country as
9defined in chapter 252K, the action shall proceed.
10 Sec. 10. Section 600B.41A, subsection 1, Code 2023, is
11amended to read as follows:
121. Paternity which is legally established may be overcome
13as provided in this section if subsequent blood or genetic
14testing indicates that the previously established father of
15a child is not the biological father of the child. Unless
16otherwise provided in this section, this section applies to the
17overcoming of paternity which has been established according
18to any of the means provided by one of the methods enumerated
19 in section 252A.3, subsection 10, or by operation of law when
20 due to the established father and father’s marriage to the
21mother of the child are or were married to each other, or as
22determined by a court of this state under any other applicable
23chapter at the time of conception, birth, or at any time during
24the period between conception and birth of the child.
25 Sec. 11. Section 600B.41A, Code 2023, is amended by adding
26the following new subsection:
27 NEW SUBSECTION. 3A. Establishment of paternity may be
28overcome under this section by a juvenile court pursuant to
29section 232.3A if all of the following conditions are met:
30a. Paternity of a child is contested during an active
31child in need of assistance proceeding and the child is under
32the jurisdiction of the juvenile court at the time an order
33overcoming paternity is entered.
34b. A guardian ad litem is appointed for the child.
35c. Notice of the action to overcome paternity is served on
-5-1any parent of the child in accordance with chapter 232 and if
2enforcement services are being provided by the child support
3recovery unit pursuant to chapter 252B, notice shall also be
4served on the child support recovery unit.
5d. Blood or genetic testing is conducted in accordance with
6sections 232.3A and 600B.41.
7(1) Unless otherwise specified pursuant to subsection 2 or
89, blood or genetic testing shall be conducted in an action to
9overcome the establishment of paternity in the child in need of
10assistance proceeding.
11(2) Unless otherwise specified in this section, section
12600B.41 applies to blood or genetic testing conducted as the
13result of an action brought to overcome paternity.
14(3) The juvenile court may order additional testing to
15be conducted by the expert or an independent expert in order
16to confirm a test upon which an expert concludes that the
17established father is not the biological father of the child.
18e. The juvenile court finds all of the following, as
19applicable:
20(1) That the conclusion of the expert as disclosed by the
21evidence based upon blood or genetic testing demonstrates that
22the established father is not the biological father of the
23child.
24(2) If paternity was established pursuant to section
25252A.3A, the signed affidavit was based on fraud, duress, or
26material mistake of fact.
27(3) The established father agrees that his paternity should
28be overcome or the juvenile court finds it is in the best
29interest of the child that the established father’s paternity
30be overcome despite the established father’s objection.
31 Sec. 12. Section 600B.41A, subsection 4, unnumbered
32paragraph 1, Code 2023, is amended to read as follows:
33If the court finds that the establishment of paternity is
34overcome, in accordance with all of the conditions prescribed
35under subsection 3 or 3A, the court shall enter an order which
-6-1provides all of the following:
2 Sec. 13. Section 602.6306, subsection 2, Code 2023, is
3amended to read as follows:
42. District associate judges also have jurisdiction
5in civil actions for money judgment where the amount in
6controversy does not exceed ten thousand dollars; jurisdiction
7over involuntary commitment, treatment, or hospitalization
8proceedings under chapters 125 and 229; jurisdiction of
9indictable misdemeanors, class “D” felony violations, and
10other felony arraignments; jurisdiction to enter a temporary
11or emergency order of protection under chapter 235F or 236,
12and to make court appointments and set hearings in criminal
13matters; jurisdiction to enter orders in probate which do not
14require notice and hearing and to set hearings in actions under
15chapter 633 or 633A; and the jurisdiction provided in section
16232.3A, 600.41A, or 602.7101 when designated as a judge of the
17juvenile court. While presiding in these subject matters a
18district associate judge shall employ district judges’ practice
19and procedure.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to actions to overcome paternity during
24a child in need of assistance proceeding or a termination
25of parental rights proceeding, and the jurisdiction of the
26juvenile court to initiate an action to overcome paternity.
27The bill provides that for the purposes of Code chapter 232
28(juvenile justice), “parent” does not include a father whose
29paternity has been overcome.
30The bill provides authority for the juvenile court during a
31child in need of assistance (CINA) proceeding or termination of
32parent-child relationship proceeding under Code chapter 232,
33on its own motion or that of any party, to require the child
34and established father to submit to blood or genetic testing
35to challenge the paternity of the child. The juvenile court
-7-1may enter an order overcoming paternity of an established
2father if: the child has been adjudicated a CINA in an active
3juvenile court case and a dispositional order in that case is
4in place; paternity of the child has been legally established;
5the conclusion of the expert as disclosed by the evidence based
6upon blood or genetic testing demonstrates that the established
7father is not the biological father of the child; and the
8established father agrees that his paternity should be overcome
9or the established father objects to having his paternity
10overcome but the court finds that it is in the best interest
11of the child to overcome his paternity. The bill provides
12that when the criteria for overcoming paternity are met, the
13juvenile court shall enter an order overcoming paternity, and
14shall send a copy of the order to the clerk of the district
15court. The juvenile court shall designate the petitioner and
16respondent for the purposes of the order. Upon receipt of the
17order by the district court, the clerk of the district court
18shall docket the case. Filing fees and other court costs shall
19not be assessed against the parties.
20The district court shall take judicial notice of the
21juvenile file in any hearing related to the case. Records
22contained in the district court case file that were copied or
23transferred from the juvenile court file concerning the case
24are subject to the confidentiality provisions of Code chapter
25232 for cases not involving juvenile delinquency, and shall be
26disclosed, upon request, to the child support recovery unit
27without a court order.
28If paternity testing is completed and the established father
29is not excluded as the biological father of the child, the
30court shall find the established father to be the biological
31father of the child and a necessary party to the action. The
32provisions of the bill are not to be construed to require
33appointment of counsel for the parties in the district court
34action.
35The bill also establishes the criteria under Code section
-8-1600B.41A (actions to overcome paternity — applicability —
2conditions) specific to an action under the jurisdiction of
3the juvenile court to overcome paternity in a child in need of
4assistance proceeding.
5The bill makes conforming changes throughout the Code
6relating to legally establishing paternity and under Code
7section 602.6306 (jurisdiction, procedure, appeals) relating to
8the jurisdiction of district associate judges when designated
9as a judge of the juvenile court, to include the overcoming of
10paternity proceedings created in the bill.
-9-pf/rh