Text: H05947                            Text: H05949
Text: H05900 - H05999                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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House Amendment 5948

Amendment Text

PAG LIN
  1  1    Amend the Senate amendment, H-5927, to House File
  1  2 2050, as passed by the House, as follows:
  1  3    #1.  Page 1, by striking lines 5 through 27 and
  1  4 inserting the following:
  1  5    ""Section 1.  Section 135L.2, as enacted by 1996
  1  6 Iowa Acts, Senate File 13, section 2, is amended to
  1  7 read as follows:
  1  8    135L.2  PROSPECTIVE MINOR PARENTS DECISION-MAKING
  1  9 ASSISTANCE PROGRAM ESTABLISHED.
  1 10    1.  A decision-making assistance program is created
  1 11 to provide assistance to minors in making informed
  1 12 decisions relating to pregnancy.  The program shall
  1 13 offer and include all of the following:
  1 14    a.  (1)  A video, to be developed by a person
  1 15 selected through a request for proposals process or
  1 16 other contractual agreement, which provides
  1 17 information regarding the various options available to
  1 18 a pregnant minor with regard to the pregnancy,
  1 19 including a decision to continue the pregnancy to term
  1 20 and retain parental rights following the child's
  1 21 birth, a decision to continue the pregnancy to term
  1 22 and place the child for adoption following the child's
  1 23 birth, and a decision to terminate the pregnancy
  1 24 through abortion.  The video shall provide the
  1 25 information in a manner and language, including but
  1 26 not limited to, the use of closed captioning for the
  1 27 hearing-impaired, which could be understood by a
  1 28 minor.
  1 29    (2)  The video shall explain that public and
  1 30 private agencies are available to assist a pregnant
  1 31 minor with any alternative chosen.
  1 32    (3)  The video shall explain that if the pregnant
  1 33 minor decides to continue the pregnancy to term, and
  1 34 to retain parental rights to the child, the father of
  1 35 the child is liable for the support of the child.
  1 36    (4)  The video shall explain that tendering false
  1 37 documents is a fraudulent practice in the fourth
  1 38 degree pursuant to section 135L.7.
  1 39    b.  Written written decision-making materials which
  1 40 include all of the following:
  1 41    (1) a.  Information regarding the options described
  1 42 in the video including information regarding the
  1 43 agencies and programs available to provide assistance
  1 44 to the pregnant minor in parenting a child;
  1 45 information relating to adoption including but not
  1 46 limited to information regarding child-placing
  1 47 agencies; and information regarding abortion including
  1 48 but not limited to the legal requirements relative to
  1 49 the performance of an abortion on a pregnant minor.
  1 50 The information provided shall include information
  2  1 explaining that if a pregnant minor decides to
  2  2 continue the pregnancy to term and to retain parental
  2  3 rights, the father of the child is liable for the
  2  4 support of the child and that if the pregnant minor
  2  5 seeks public assistance on behalf of the child, the
  2  6 pregnant minor shall, and if the pregnant minor is not
  2  7 otherwise eligible as a public assistance recipient,
  2  8 the pregnant minor may, seek the assistance of the
  2  9 child support recovery unit in establishing the
  2 10 paternity of the child, and in seeking support
  2 11 payments for a reasonable amount of the costs
  2 12 associated with the pregnancy, medical support, and
  2 13 maintenance from the father of the child, or if the
  2 14 father is a minor, from the parents of the minor
  2 15 father.  The information shall include a listing of
  2 16 the agencies and programs and the services available
  2 17 from each.
  2 18    (2) b.  A workbook which is to be used in viewing
  2 19 the video and which includes a questionnaire and
  2 20 exercises to assist a pregnant minor in viewing the
  2 21 video and in considering the options available
  2 22 regarding the minor's pregnancy.
  2 23    (3) c.  A detachable certification form to be
  2 24 signed by the pregnant minor certifying that the
  2 25 pregnant minor was offered a viewing of the video and
  2 26 the written decision-making materials.
  2 27    2.  a.  The video shall be available through the
  2 28 state and local offices of the Iowa department of
  2 29 public health, the department of human services, and
  2 30 the judicial department and through the office of each
  2 31 licensed physician who performs abortions.
  2 32    b.  The video may be available through the office
  2 33 of any licensed physician who does not perform
  2 34 abortions, upon the request of the physician; through
  2 35 any nonprofit agency serving minors, upon the request
  2 36 of the agency; and through any other person providing
  2 37 services to minors, upon the request of the person.
  2 38    3. 2.  During the initial appointment between a
  2 39 licensed physician and a pregnant minor, a licensed
  2 40 physician, who is providing medical services to a
  2 41 pregnant minor, shall offer the viewing of the video
  2 42 and the written decision-making materials to the
  2 43 pregnant minor, and shall obtain the signed and dated
  2 44 certification form from the pregnant minor.  If the
  2 45 pregnant minor has previously been offered the viewing
  2 46 of the video and the written decision-making materials
  2 47 by another source, the licensed physician shall obtain
  2 48 the completed certification form from the other source
  2 49 to verify that the pregnant minor has been offered the
  2 50 viewing of the video and the written decision-making
  3  1 materials.  A licensed physician shall not perform an
  3  2 abortion on a pregnant minor prior to obtaining the
  3  3 completed certification form from a pregnant minor.
  3  4 If the pregnant minor decides to terminate parental
  3  5 rights following the child's birth, a copy of the
  3  6 completed certification form shall be attached to the
  3  7 petition for termination of parental rights.
  3  8    4. 3.  A pregnant minor shall be encouraged to
  3  9 select a responsible adult, preferably a parent of the
  3 10 pregnant minor, to accompany the pregnant minor in
  3 11 viewing the video and receiving the decision-making
  3 12 materials.
  3 13    5. 4.  To the extent possible and at the discretion
  3 14 of the pregnant minor, the person responsible for
  3 15 impregnating the pregnant minor shall also be involved
  3 16 in the viewing of the video and in the receipt of
  3 17 written decision-making materials.
  3 18    6. 5.  Following the offering of the viewing of the
  3 19 video and of the written decision-making materials,
  3 20 the pregnant minor shall sign and date the
  3 21 certification form attached to the materials, and
  3 22 shall submit the completed form to the licensed
  3 23 physician or provide the person making the offer with
  3 24 information to send the completed form to the pregnant
  3 25 minor's attending physician.  The person offering the
  3 26 viewing of the video and the decision-making materials
  3 27 shall also provide a copy of the completed
  3 28 certification form to the pregnant minor."
  3 29    #2.  Page 1, line 28, by striking the word
  3 30 "paragraph" and inserting the following:  "paragraphs
  3 31 b and".
  3 32    #3.  Page 1, line 30, by striking the word "is" and
  3 33 inserting the following:  "are".
  3 34    #4.  Page 1, by inserting after line 30 the
  3 35 following:
  3 36    "b.  The pregnant minor may participate in the
  3 37 court proceedings on the pregnant minor's own behalf.
  3 38 The court may appoint a guardian ad litem for the
  3 39 pregnant minor and the court shall appoint a guardian
  3 40 ad litem for the pregnant minor if the pregnant minor
  3 41 is not accompanied by a responsible adult or if the
  3 42 pregnant minor has not viewed the video as provided
  3 43 pursuant to section 135L.2.  In appointing a guardian
  3 44 ad litem for the pregnant minor, the court shall
  3 45 consider a person licensed to practice psychology
  3 46 pursuant to chapter 154B, a licensed social worker
  3 47 pursuant to chapter 154C, a licensed marital and
  3 48 family therapist pursuant to chapter 154D, or a
  3 49 licensed mental health counselor pursuant to chapter
  3 50 154D to serve in the capacity of guardian ad litem.
  4  1 The court shall advise the pregnant minor of the
  4  2 pregnant minor's right to court-appointed legal
  4  3 counsel, and shall, upon the pregnant minor's request,
  4  4 provide the pregnant minor with court-appointed legal
  4  5 counsel, at no cost to the pregnant minor."
  4  6    #5.  Page 1, by inserting after line 35 the
  4  7 following:
  4  8    "Sec.    .  Section 135L.5, subsections 6 through
  4  9 10, as enacted by the 1996 Iowa Acts, Senate File 13,
  4 10 section 5, are amended to read as follows:
  4 11    6.  The advisory committee shall do all of the
  4 12 following:
  4 13    a.  Develop criteria for the selection of a person,
  4 14 through a request for proposals process or other
  4 15 contractual agreement, to develop the video described
  4 16 in this chapter.  Following receipt of applications,
  4 17 or upon agreement of a simple majority of the voting
  4 18 members to a contractual agreement, the advisory
  4 19 committee shall also select the recipient of the
  4 20 contract for development of the video.
  4 21    b.  Develop criteria for information to be included
  4 22 in the video.  The criteria shall, at a minimum,
  4 23 require that the person developing the video request
  4 24 input from a variety of interest groups and
  4 25 perspectives which have an interest in pregnancy-
  4 26 related issues and that the video present the various
  4 27 perspectives in an unbiased manner.
  4 28    c.  Develop a process for and provide for the
  4 29 distribution of the video and develop confidentiality
  4 30 requirements relating to the persons involved in
  4 31 viewing the video.
  4 32    d. a.  Promote use of the video and written
  4 33 decision-making materials through public service
  4 34 announcements and other media formats.
  4 35    e. b.  Provide ongoing evaluation of the
  4 36 prospective minor parents decision-making assistance
  4 37 program including evaluation of the video and written
  4 38 document and of the notification and waiver system,
  4 39 and make recommendations for improvement.
  4 40    f. c.  Receive input from the public regarding the
  4 41 program through the use of public hearings, focus
  4 42 groups, surveys, and other formats.
  4 43    7.  The committee, upon the advice of the Iowa
  4 44 department of public health, may receive gifts,
  4 45 grants, or donations for the purpose of implementing
  4 46 and continuing the program.
  4 47    8.  The advisory committee and the producer of the
  4 48 video shall attempt to complete and distribute the
  4 49 video for use not later than January 1, 1997.
  4 50    9. 8.  The advisory committee shall submit a report
  5  1 to the general assembly on or before January 8, 1997,
  5  2 regarding the progress of the committee in completing
  5  3 the committee's duties regarding the development and
  5  4 distribution of the video.
  5  5    10. 9.  The Iowa department of public health shall
  5  6 provide administrative support to the advisory
  5  7 committee."
  5  8    #6.  Page 1, by striking lines 43 and 44 and
  5  9 inserting the following:  "inapplicability of section
  5 10 135L.2 with regard to the required offering of the
  5 11 viewing of the video of".
  5 12    #7.  Page 1, line 48, by striking the words "or of
  5 13 section" and inserting the following:  "or of
  5 14 section".
  5 15    #8.  Page 3, by inserting after line 26 the
  5 16 following:
  5 17    "Sec.    .  1996 Iowa Acts, Senate File 13, section
  5 18 14, is amended to read as follows:
  5 19    SEC. 14.  EFFECTIVE DATE.  The section of this Act
  5 20 which creates section 135L.5 relating to the
  5 21 establishment of the advisory committee, being deemed
  5 22 of immediate importance, takes effect upon enactment.
  5 23 The advisory committee shall be appointed within sixty
  5 24 days of the enactment of this Act and may begin
  5 25 performing committee duties prior to the beginning of
  5 26 the official commencement of the terms of the
  5 27 committee members as provided in section 135L.5 as
  5 28 created in this Act.
  5 29    If the advisory committee created pursuant to
  5 30 section 135L.5 has completed its duties regarding the
  5 31 development and distribution of the video pursuant to
  5 32 section 135L.2 prior to January 1, 1997, the remainder
  5 33 of this Act takes effect January 1, 1997.  However,
  5 34 even if the advisory committee has not completed its
  5 35 duties prior to January 1, 1997, and the video is not
  5 36 developed and distributed prior to January 1, 1997,
  5 37 the remaining sections of this Act, exclusive of the
  5 38 section which creates section 135L.5, and exclusive of
  5 39 the section and provisions which relate to
  5 40 development, distribution, and offering of the video
  5 41 and the written decision-making materials, take effect
  5 42 January 1, 1997.
  5 43    Sec.    .  1996 Iowa Acts, Senate File 13, section
  5 44 15, is amended to read as follows:
  5 45    SEC. 15.  REPEAL – ADVISORY COMMITTEE.  Section
  5 46 135L.5 is repealed effective January 1, 1999, or two
  5 47 years following the distribution date of the video as
  5 48 determined by the advisory committee, whichever is
  5 49 later."
  5 50    #9.  By renumbering as necessary.  
  6  1 
  6  2 
  6  3                              
  6  4 DODERER of Johnson
  6  5 
  6  6 
  6  7                              
  6  8 GRUNDBERG of Polk
  6  9 
  6 10 
  6 11                              
  6 12 DINKLA of Guthrie
  6 13 
  6 14 
  6 15                              
  6 16 METCALF of Polk
  6 17 
  6 18 
  6 19                              
  6 20 MARTIN of Scott
  6 21 
  6 22 
  6 23                              
  6 24 HARPER of Black Hawk
  6 25 HF 2050.501 76
  6 26 pf/jw
     

Text: H05947                            Text: H05949
Text: H05900 - H05999                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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