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Text: S03662                            Text: S03664
Text: S03600 - S03699                   Text: S Index
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Senate Amendment 3663

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-3055, to Senate File
  1  2 13, as amended, passed, and reprinted by the Senate,
  1  3 as follows:
  1  4    #1.  Page 1, by striking lines 11 and 12, and
  1  5 inserting the following:  "which a delay will create a
  1  6 serious health risk or impairment of a major bodily
  1  7 function."
  1  8    #2.  Page 1, line 16, by inserting after the word
  1  9 "minor" the following:  ", a grandparent of a pregnant
  1 10 minor, or an adult aunt or uncle of the pregnant
  1 11 minor".
  1 12    #3.  Page 1, line 29, by inserting after the word
  1 13 "process" the following:  "or other contractual
  1 14 agreement".
  1 15    #4.  Page 3, line 19, by inserting after the word
  1 16 "minor." the following:  "If the pregnant minor
  1 17 decides to terminate parental rights following the
  1 18 child's birth, a copy of the completed certification
  1 19 form shall be attached to the petition for termination
  1 20 of parental rights."
  1 21    #5.  Page 3, line 41, by striking the figure "17."
  1 22 and inserting the following:  "17 and inserting the
  1 23 following:
  1 24    "Sec.    .  NEW SECTION.  135L.3  NOTIFICATION OF
  1 25 PARENT OF PREGNANT MINOR PRIOR TO THE ADOPTION OF THE
  1 26 CHILD.
  1 27    Following compliance with the provisions of section
  1 28 135L.2, a pregnant minor who chooses to place the
  1 29 pregnant minor's child for adoption is subject to the
  1 30 following conditions:
  1 31    1.  Notification of a parent of the pregnant minor
  1 32 of the pregnant minor's decision to place the child
  1 33 for adoption.  Notification shall be made at least
  1 34 twenty-four hours prior to the conducting of the
  1 35 hearing on termination of parental rights and shall be
  1 36 made in person or by mailing the notification by
  1 37 restricted certified mail to the parent of the
  1 38 pregnant minor at the usual place of abode of the
  1 39 parent.  For the purpose of delivery by restricted
  1 40 certified mail, the time of delivery is deemed to
  1 41 occur at twelve o'clock noon on the next day on which
  1 42 regular mail delivery takes place, subsequent to the
  1 43 mailing.
  1 44    2.  If the pregnant minor objects to the
  1 45 notification of a parent, the pregnant minor may
  1 46 petition the court to authorize waiver of the
  1 47 notification requirement in accordance with the
  1 48 following procedures:
  1 49    a.  The court shall ensure that the pregnant minor
  1 50 is provided with assistance in preparing and filing
  2  1 the petition for waiver of notification and shall
  2  2 ensure that the pregnant minor's identity remains
  2  3 confidential.
  2  4    b.  The pregnant minor may participate in the court
  2  5 proceedings on the pregnant minor's own behalf.  The
  2  6 court may appoint a guardian ad litem for the pregnant
  2  7 minor who may be the responsible adult and the court
  2  8 shall appoint a guardian ad litem for the pregnant
  2  9 minor if the pregnant minor is not accompanied by an
  2 10 adult and if the pregnant minor has not viewed the
  2 11 video as provided pursuant to section 135L.2.  The
  2 12 court shall advise the pregnant minor of the pregnant
  2 13 minor's right to court-appointed legal counsel and
  2 14 shall, upon the pregnant minor's request, provide the
  2 15 pregnant minor with court-appointed legal counsel, at
  2 16 no cost to the pregnant minor.
  2 17    c.  The court proceedings shall be conducted in a
  2 18 manner which protects the confidentiality of the
  2 19 pregnant minor and all court documents pertaining to
  2 20 the proceedings shall remain confidential.  Only the
  2 21 pregnant minor, the pregnant minor's guardian ad
  2 22 litem, the pregnant minor's legal counsel, and persons
  2 23 whose presence is specifically requested by the
  2 24 pregnant minor or by the pregnant minor's guardian ad
  2 25 litem, or by the pregnant minor's legal counsel may
  2 26 attend the hearing on the petition.
  2 27    d.  Notwithstanding any law or rule to the
  2 28 contrary, the court proceedings under this section and
  2 29 section 135L.4 shall be given precedence over other
  2 30 pending matters to ensure that the court reaches a
  2 31 decision expeditiously.
  2 32    e.  Upon petition and following an appropriate
  2 33 hearing, the court shall waive the notification
  2 34 requirements if the court determines either of the
  2 35 following:
  2 36    (1)  That the pregnant minor is mature and capable
  2 37 of providing informed consent to the termination of
  2 38 parental rights for the purposes of adoption of the
  2 39 pregnant minor's child.
  2 40    (2)  That the minor is not mature, or does not
  2 41 claim to be mature, but that notification is not in
  2 42 the best interest of the pregnant minor.
  2 43    f.  If the court does not deny the petition for
  2 44 waiver of notification, the court shall issue specific
  2 45 factual findings and legal conclusions, in writing, to
  2 46 support the decision.
  2 47    g.  Upon conclusion of the hearing, the court shall
  2 48 immediately issue a written order which shall be
  2 49 provided immediately to the pregnant minor, the
  2 50 pregnant minor's guardian ad litem, the pregnant
  3  1 minor's legal counsel, or any other person designated
  3  2 by the pregnant minor to receive the order.
  3  3    h.  An expedited, confidential appeal shall be
  3  4 available to a pregnant minor for whom the court
  3  5 denies a petition for waiver of notification.  An
  3  6 order granting the pregnant minor's application for
  3  7 waiver of notification is not subject to appeal.
  3  8 Access to the appellate courts for the purpose of an
  3  9 appeal under this section shall be provided to a
  3 10 pregnant minor twenty-four hours a day, seven days a
  3 11 week.
  3 12    i.  A pregnant minor who chooses to utilize the
  3 13 waiver of notification procedures under this section
  3 14 shall not be required to pay a fee at any level of the
  3 15 proceedings.  Fees charged and court costs taxed in
  3 16 connection with a proceeding under this section are
  3 17 waived.
  3 18    j.  Venue for proceedings under this section is in
  3 19 any court in the state.
  3 20    k.  The supreme court shall prescribe rules to
  3 21 ensure that the proceedings under this section are
  3 22 performed in an expeditious and confidential manner.
  3 23    l.  The requirements of this section regarding
  3 24 notification of a parent of a pregnant minor who
  3 25 chooses to place the pregnant minor's child for
  3 26 adoption do not apply if any of the following applies:
  3 27    (1)  A parent of the pregnant minor authorizes the
  3 28 pregnant minor's decision, in writing, and a copy of
  3 29 the written authorization is attached to the
  3 30 termination of parental rights petition.
  3 31    (2)  The pregnant minor's attending physician
  3 32 certifies in writing that a medical emergency exists
  3 33 which necessitates the immediate performance of an
  3 34 abortion in accordance with section 135L.6.
  3 35    (3)  The pregnant minor declares that the pregnant
  3 36 minor is a victim of child abuse pursuant to section
  3 37 232.68, the person responsible for the care of the
  3 38 child is a parent of the child, and either the abuse
  3 39 has been reported pursuant to the procedures
  3 40 prescribed in chapter 232, division III, part 2, or a
  3 41 parent of the child is named in a report of founded
  3 42 child abuse.  The department of human services shall
  3 43 maintain confidentiality under chapter 232 regarding
  3 44 the pregnant minor's pregnancy.
  3 45    (4)  The pregnant minor declares that the pregnant
  3 46 minor is a victim of sexual abuse as defined in
  3 47 chapter 709 and has reported the sexual abuse to law
  3 48 enforcement.
  3 49    m.  A copy of the completed certification form
  3 50 pursuant to section 135L.2, a copy of the notification
  4  1 document mailed to a parent, or a copy of the order
  4  2 waiving notification shall be attached to the petition
  4  3 for termination of parental rights, unless the
  4  4 pregnant minor is otherwise exempt from obtaining any
  4  5 of these documents under this chapter.""
  4  6    #6.  Page 4, by striking lines 1 through 25 and
  4  7 inserting the following:
  4  8    "#   .  Page 9, by striking lines 7 and 8 and
  4  9 inserting the following:  "proceedings on the pregnant
  4 10 minor's own behalf.  The court may appoint a guardian
  4 11 ad litem for the pregnant minor and the court shall
  4 12 appoint a guardian ad litem for the pregnant minor if
  4 13 the pregnant minor is not accompanied by an adult and
  4 14 if the pregnant minor has not viewed the video as
  4 15 provided pursuant to section 135L.2.  The".
  4 16    #   .  Page 9, line 15, by striking the word
  4 17 "anonymity" and inserting the following:
  4 18 "confidentiality".
  4 19    #   .  Page 9, line 23, by striking the word "The"
  4 20 and inserting the following:  "Notwithstanding any law
  4 21 or rule to the contrary, the".
  4 22    #   .  Page 9, line 34, by striking the word "The"
  4 23 and inserting the following:  "If the court does not
  4 24 deny the petition for waiver of notification, the".
  4 25    #   .  Page 10, line 7, by striking the word
  4 26 "anonymous,".
  4 27    #   .  Page 10, line 16, by inserting after the
  4 28 word "proceedings." the following:  "Fees charged and
  4 29 court costs taxed in connection with a proceeding
  4 30 under this section are waived."
  4 31    #   .  Page 10, line 21, by striking the word ",
  4 32 anonymous,"."
  4 33    #7.  Page 4, by striking line 26.
  4 34    #8.  Page 4, by inserting before line 27 the
  4 35 following:
  4 36    "#   .  Page 11, lines 15 and 16, by striking the
  4 37 words "with confirmation by the senate"."
  4 38    #9.  Page 4, by inserting after line 50 the
  4 39 following:
  4 40    "#   .  Page 12, lines 12 and 13, by striking the
  4 41 words "pursuant to section 69.19" and inserting the
  4 42 following:  "on the date on which all members are
  4 43 appointed".
  4 44    #   .  Page 12, line 26, by inserting after the
  4 45 word "process" the following:  "or other contractual
  4 46 arrangement".
  4 47    #   .  Page 12, line 27, by inserting after the
  4 48 word "applications" the following:  "or upon agreement
  4 49 of a simple majority of the members to a contractual
  4 50 agreement"."
  5  1    #10.  Page 5, by inserting after line 2 the
  5  2 following:
  5  3    "#   .  Page 13, line 20, by inserting after the
  5  4 figure "1996." the following:  "The advisory committee
  5  5 shall submit a report to the general assembly by
  5  6 January 8, 1996, regarding the progress of the
  5  7 committee in completing the committee's duties
  5  8 regarding the development and distribution of the
  5  9 video.""
  5 10    #11.  Page 5, line 8, by inserting after the word
  5 11 "section" the following:  "135L.3 with regard to
  5 12 notification of a parent prior to the termination of
  5 13 parental rights of a pregnant minor for the purposes
  5 14 of placing the child for adoption or of section".
  5 15    #12.  Page 5, by striking line 9.
  5 16    #13.  Page 5, by striking lines 10 and 11.
  5 17    #14.  Page 5, line 21, by striking the words
  5 18 "physician or" and inserting the following:
  5 19 "physician,".
  5 20    #15.  Page 5, line 22, by inserting after the word
  5 21 "physician" the following:  ", or to be attached to
  5 22 the termination of parental rights petition".
  5 23    #16.  Page 5, line 28, by inserting after the word
  5 24 "minor" the following:  "or relative to the
  5 25 termination of parental rights of a pregnant minor".
  5 26    #17.  Page 5, by striking lines 41 through 46.
  5 27    #18.  By striking page 5, line 47, through page 6,
  5 28 line 4, and inserting the following:
  5 29    "#   .  Page 16, line 23, by striking the word
  5 30 "thirty" and inserting the following:  "sixty"."
  5 31    #19.  Page 6, by striking lines 5 through 9 and
  5 32 inserting the following:
  5 33    "#   .  By striking page 16, line 28, through page
  5 34 17, line 3, and inserting the following:
  5 35    "If the advisory committee created pursuant to
  5 36 section 135L.5 has completed its duties regarding the
  5 37 development and distribution of the video pursuant to
  5 38 section 135L.2 prior to January 1, 1996, the remainder
  5 39 of this Act takes effect January 1, 1996.  However, if
  5 40 the advisory committee has not completed its duties
  5 41 prior to January 1, 1996, sections 1 through 4 and 6
  5 42 through 9 of this Act take effect July 1, 1996.""
  5 43    #20.  By renumbering, relettering, and correcting
  5 44 internal references as necessary.  
  5 45 
  5 46 
  5 47                              
  5 48 ELAINE SZYMONIAK
  5 49 
  5 50 
  6  1                              
  6  2 MERLIN E. BARTZ
  6  3 
  6  4 
  6  5                              
  6  6 MARY E. KRAMER
  6  7 
  6  8 
  6  9                              
  6 10 LARRY MURPHY
  6 11 SF 13.230 76
  6 12 pf/jj
     

Text: S03662                            Text: S03664
Text: S03600 - S03699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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