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Text: HF02049                           Text: HF02051
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House File 2050

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  1  1    Section 1.  Section 135L.2, subsection 3, as enacted by
  1  2 1996 Iowa Acts, Senate File 13, section 2, is amended to read
  1  3 as follows:
  1  4    3.  During the initial appointment between a licensed
  1  5 physician and a pregnant minor, a licensed physician, who is
  1  6 providing medical services to a pregnant minor, shall offer
  1  7 the viewing of the video and the written decision-making
  1  8 materials to the pregnant minor, and shall obtain the signed
  1  9 and dated certification form from the pregnant minor.  If the
  1 10 pregnant minor has previously been offered the viewing of the
  1 11 video and the written decision-making materials by another
  1 12 source, the licensed physician shall obtain the completed
  1 13 certification form from the other source to verify that the
  1 14 pregnant minor has been offered the viewing of the video and
  1 15 the written decision-making materials.  A licensed physician
  1 16 shall not perform an abortion on a pregnant minor prior to
  1 17 obtaining the completed certification form from a pregnant
  1 18 minor.  If the pregnant minor decides to terminate parental
  1 19 rights following the child's birth, a copy of the completed
  1 20 certification form shall be attached to the petition for
  1 21 termination of parental rights.
  1 22    Sec. 2.  Section 135L.4, subsection 3, paragraph d, as
  1 23 enacted by 1996 Iowa Acts, Senate File 13, section 4, is
  1 24 amended to read as follows:
  1 25    d.  Notwithstanding any law or rule to the contrary, the
  1 26 court proceedings under this section and section 135L.3 shall
  1 27 be given precedence over other pending matters to ensure that
  1 28 the court reaches a decision expeditiously.
  1 29    Sec. 3.  Section 135L.6, unnumbered paragraph 1, as enacted
  1 30 by 1996 Iowa Acts, Senate File 13, section 6, is amended to
  1 31 read as follows:
  1 32    If a pregnant minor's attending physician certifies in
  1 33 writing that a medical emergency exists which necessitates the
  1 34 immediate performance of an abortion on the pregnant minor,
  1 35 and which results in the inapplicability of section 135L.2
  2  1 with regard to the required offering of the viewing of the
  2  2 video, of section 135L.3 with regard to notification of a
  2  3 parent prior to the termination of parental rights of a
  2  4 pregnant minor for the purposes of placing the child for
  2  5 adoption, or of section 135L.4 with regard to notification of
  2  6 a parent prior to the performance of an abortion on a pregnant
  2  7 minor, the attending physician shall do the following:
  2  8    Sec. 4.  Section 135L.6, subsection 2, paragraph e, as
  2  9 enacted by 1996 Iowa Acts, Senate File 13, section 6, is
  2 10 amended to read as follows:
  2 11    e.  The pregnant minor elects not to allow notification of
  2 12 the pregnant minor's parent and a court authorizes waiver of
  2 13 the notification requirement following completion of the
  2 14 proceedings prescribed under section 135L.3 or 135L.4.
  2 15    Sec. 5.  Section 135L.7, subsections 1 and 2, as enacted by
  2 16 1996 Iowa Acts, Senate File 13, section 7, are amended to read
  2 17 as follows:
  2 18    1.  Knowingly tenders a false original or copy of the
  2 19 signed and dated certification form described in section
  2 20 135L.2, to be retained by the licensed physician, or to be
  2 21 sent to the pregnant minor's attending physician, or to be
  2 22 attached to the termination of parental rights petition
  2 23 pursuant to section 135L.3.
  2 24    2.  Knowingly tenders a false original or copy of the
  2 25 notification document mailed to a parent, grandparent, or aunt
  2 26 or uncle of the pregnant minor under this chapter, a false
  2 27 original or copy of the written certification to be provided
  2 28 to a parent of a pregnant minor pursuant to section 135L.6, or
  2 29 a false original or copy of the order waiving notification
  2 30 relative to the performance of an abortion on a pregnant minor
  2 31 or relative to the termination of parental rights of a
  2 32 pregnant minor.
  2 33    Sec. 6.  Section 232.5, as enacted by 1996 Iowa Acts,
  2 34 Senate File 13, section 10, is amended to read as follows:
  2 35    232.5  ADOPTION OF CHILD BORN TO A MINOR OR ABORTION
  3  1 PERFORMED ON A MINOR – WAIVER OF NOTIFICATION PROCEEDINGS.
  3  2    The court shall have exclusive jurisdiction over the
  3  3 proceedings for the granting of an order for waiver of the
  3  4 notification requirements relating to the adoption of a child
  3  5 born to a minor or to the performance of an abortion on a
  3  6 minor pursuant to sections 135L.3 and section 135L.4.
  3  7    Sec. 7.  NEW SECTION.  600.7A  ADOPTION SERVICES PROVIDED
  3  8 BY OR THROUGH DEPARTMENT OF HUMAN SERVICES – SELECTION OF
  3  9 ADOPTIVE PARENT CRITERIA.
  3 10    The department of human services shall adopt rules which
  3 11 provide that if adoption services are provided by or through
  3 12 the department, notwithstanding any other selection of
  3 13 adoptive parent criteria, the overriding criterion shall be a
  3 14 preference for placing a child in a stable home environment as
  3 15 expeditiously as possible.
  3 16    Sec. 8.  Section 600A.6, Code 1995, is amended by adding
  3 17 the following new subsection:
  3 18    NEW SUBSECTION.  7.  If a petition for the termination of
  3 19 parental rights of a pregnant minor or a minor who has given
  3 20 birth is filed, notice of the termination hearing shall also
  3 21 be served upon a custodial parent or a legal guardian or
  3 22 custodian of the pregnant minor or minor who has given birth
  3 23 in accordance with the service of notice provisions of this
  3 24 section.  A custodial parent or a legal guardian or custodian
  3 25 of the pregnant minor or minor who has given birth is not a
  3 26 necessary party under this section and the notice provided
  3 27 under this subsection is for informational purposes only and
  3 28 shall not be construed to confer any substantive rights on the
  3 29 custodial parent or legal guardian or custodian of the
  3 30 pregnant minor or minor who has given birth in addition to
  3 31 those rights existing under current law.
  3 32    Notice under this subsection shall be waived by the court
  3 33 if the court determines that the pregnant minor or minor who
  3 34 has given birth is capable of providing consent to the
  3 35 termination of parental rights of the minor child, that
  4  1 notification is not in the best interest of the pregnant minor
  4  2 or minor who has given birth or of the minor child, or that
  4  3 other good cause exists for the waiver.  Failure to provide
  4  4 notice to a custodial parent or a legal guardian or custodian
  4  5 of the pregnant minor or minor who has given birth does not
  4  6 constitute good cause for revocation of a release of custody
  4  7 and is not grounds for denial, modification, vacation, or
  4  8 appeal of a termination of parental rights order or of an
  4  9 interlocutory or final adoption decree.
  4 10    Sec. 9.  1996 Iowa Acts, Senate File 13, sections 3, 11,
  4 11 12, and 13, are repealed.  
  4 12 HF 2050
  4 13 pf/pk/25
     

Text: HF02049                           Text: HF02051
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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