Text: S05717                            Text: S05719
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Senate Amendment 5718

Amendment Text

PAG LIN
  1  1    Amend House File 2050, as passed by the House, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 135L.2, subsection 3, as
  1  6 enacted by 1996 Iowa Acts, Senate File 13, section 2,
  1  7 is amended to read as follows:
  1  8    3.  During the initial appointment between a
  1  9 licensed physician and a pregnant minor, a licensed
  1 10 physician, who is providing medical services to a
  1 11 pregnant minor, shall offer the viewing of the video
  1 12 and the written decision-making materials to the
  1 13 pregnant minor, and shall obtain the signed and dated
  1 14 certification form from the pregnant minor.  If the
  1 15 pregnant minor has previously been offered the viewing
  1 16 of the video and the written decision-making materials
  1 17 by another source, the licensed physician shall obtain
  1 18 the completed certification form from the other source
  1 19 to verify that the pregnant minor has been offered the
  1 20 viewing of the video and the written decision-making
  1 21 materials.  A licensed physician shall not perform an
  1 22 abortion on a pregnant minor prior to obtaining the
  1 23 completed certification form from a pregnant minor.
  1 24 If the pregnant minor decides to terminate parental
  1 25 rights following the child's birth, a copy of the
  1 26 completed certification form shall be attached to the
  1 27 petition for termination of parental rights.
  1 28    Sec. 2.  Section 135L.4, subsection 3, paragraph d,
  1 29 as enacted by 1996, Iowa Acts, Senate File 13, section
  1 30 4, is amended to read as follows:
  1 31    d.  Notwithstanding any law or rule to the
  1 32 contrary, the court proceedings under this section and
  1 33 section 135L.3 shall be given precedence over other
  1 34 pending matters to ensure that the court reaches a
  1 35 decision expeditiously.
  1 36    Sec. 3.  Section 135L.6, unnumbered paragraph 1, as
  1 37 enacted by 1996 Iowa Acts, Senate File 13, section 6,
  1 38 is amended to read as follows:
  1 39    If a pregnant minor's attending physician certifies
  1 40 in writing that a medical emergency exists which
  1 41 necessitates the immediate performance of an abortion
  1 42 on the pregnant minor, and which results in the
  1 43 inapplicability of section 135L.2 with regard to the
  1 44 required offering of the viewing of the video, of
  1 45 section 135L.3 with regard to notification of a parent
  1 46 prior to the termination of parental rights of a
  1 47 pregnant minor for the purposes of placing the child
  1 48 for adoption, or of section 135L.4 with regard to
  1 49 notification of a parent prior to the performance of
  1 50 an abortion on a pregnant minor, the attending
  2  1 physician shall do the following:
  2  2    Sec. 4.  Section 135L.6, subsection 2, paragraph e,
  2  3 as enacted by 1996 Iowa Acts, Senate File 13, section
  2  4 6, is amended to read as follows:
  2  5    e.  The pregnant minor elects not to allow
  2  6 notification of the pregnant minor's parent and a
  2  7 court authorizes waiver of the notification
  2  8 requirement following completion of the proceedings
  2  9 prescribed under section 135L.3 or 135L.4.
  2 10    Sec. 5.  Section 135L.7, subsections 1 and 2, as
  2 11 enacted by 1996 Iowa Acts, Senate File 13, section 7,
  2 12 are amended to read as follows:
  2 13    1.  Knowingly tenders a false original or copy of
  2 14 the signed and dated certification form described in
  2 15 section 135L.2, to be retained by the licensed
  2 16 physician, or to be sent to the pregnant minor's
  2 17 attending physician, or to be attached to the
  2 18 termination of parental rights petition pursuant to
  2 19 section 135L.3.
  2 20    2.  Knowingly tenders a false original or copy of
  2 21 the notification document mailed to a parent,
  2 22 grandparent, or aunt or uncle of the pregnant minor
  2 23 under this chapter, a false original or copy of the
  2 24 written certification to be provided to a parent of a
  2 25 pregnant minor pursuant to section 135L.6, or a false
  2 26 original or copy of the order waiving notification
  2 27 relative to the performance of an abortion on a
  2 28 pregnant minor or relative to the termination of
  2 29 parental rights of a pregnant minor.
  2 30    Sec. 6.  Section 232.5, as enacted by 1996 Iowa
  2 31 Acts, Senate File 13, section 10, is amended to read
  2 32 as follows:
  2 33    232.5  ADOPTION OF CHILD BORN TO A MINOR OR
  2 34 ABORTION PERFORMED ON A MINOR – WAIVER OF
  2 35 NOTIFICATION PROCEEDINGS.
  2 36    The court shall have exclusive jurisdiction over
  2 37 the proceedings for the granting of an order for
  2 38 waiver of the notification requirements relating to
  2 39 the adoption of a child born to a minor or to the
  2 40 performance of an abortion on a minor pursuant to
  2 41 sections 135L.3 and section 135L.4."
  2 42    #2.  Page 1, by inserting after line 9 the
  2 43 following:
  2 44    "Sec.    .  Section 600A.6, Code 1995, is amended
  2 45 by adding the following new subsection:
  2 46    NEW SUBSECTION.  7.  If a petition for the
  2 47 termination of parental rights of a pregnant minor or
  2 48 a minor who has given birth is filed, notice of the
  2 49 termination hearing shall also be served upon a
  2 50 custodial parent or a legal guardian or custodian of
  3  1 the pregnant minor or minor who has given birth in
  3  2 accordance with the service of notice provisions of
  3  3 this section.  A custodial parent or a legal guardian
  3  4 or custodian of the pregnant minor or minor who has
  3  5 given birth is not a necessary party under this
  3  6 section and the notice provided under this subsection
  3  7 is for informational purposes only and shall not be
  3  8 construed to confer any substantive rights on the
  3  9 custodial parent or legal guardian or custodian of the
  3 10 pregnant minor or minor who has given birth in
  3 11 addition to those rights existing under current law.
  3 12    Notice under this subsection shall be waived by the
  3 13 court if the court determines that the pregnant minor
  3 14 or minor who has given birth is capable of providing
  3 15 consent to the termination of parental rights of the
  3 16 minor child, that notification is not in the best
  3 17 interest of the pregnant minor or minor who has given
  3 18 birth or of the minor child, or that other good cause
  3 19 exists for the waiver.  Failure to provide notice to a
  3 20 custodial parent or a legal guardian or custodian of
  3 21 the pregnant minor or minor who has given birth does
  3 22 not constitute good cause for revocation of a release
  3 23 of custody and is not grounds for denial,
  3 24 modification, vacation, or appeal of a termination of
  3 25 parental rights order or of an interlocutory or final
  3 26 adoption decree.
  3 27    Sec.    .  1996 Iowa Acts, Senate File 13, sections
  3 28 3, 11, 12, and 13, are repealed."
  3 29    #3.  Title page, line 1, by inserting after the
  3 30 word "to" the following:  "adoption, including".
  3 31    #4.  Title page, line 3, by inserting after the
  3 32 word "services" the following:  ", requirements
  3 33 relating to the adoption of the child of a minor
  3 34 parent, and providing a repeal".  
  3 35 
  3 36 
  3 37                               
  3 38 RANDAL J. GIANNETTO
  3 39 
  3 40 
  3 41                              
  3 42 LARRY MURPHY
  3 43 
  3 44 
  3 45                              
  3 46 ELAINE SZYMONIAK
  3 47 
  3 48 
  3 49                              
  3 50 MARY E. KRAMER
  4  1 
  4  2 
  4  3                              
  4  4 MERLIN E. BARTZ
  4  5 HF 2050.201 76
  4  6 pf/jj
     

Text: S05717                            Text: S05719
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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