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1 1 Section 1. NEW SECTION. 135L.1 DEFINITIONS.
1 2 As used in this chapter unless the context otherwise
1 3 requires:
1 4 1. "Abortion" means an abortion as defined in chapter 146.
1 5 2. "Adult" means a person eighteen years of age or older.
1 6 3. "Aunt or uncle" means an aunt or uncle of the pregnant
1 7 minor who is twenty-five years of age or older.
1 8 4. "Child-placing agency" means any agency, public,
1 9 semipublic, or private, which represents itself as placing
1 10 children, receiving children for placement, or actually
1 11 engaging in placement of children and includes the department
1 12 of human services.
1 13 5. "Court" means the juvenile court.
1 14 6. "Grandparent" means the parent of an individual who is
1 15 the parent of the pregnant minor.
1 16 7. "Medical emergency" means a condition which, based upon
1 17 a physician's judgment, necessitates an abortion to avert the
1 18 pregnant minor's death, or for which a delay will create a
1 19 risk of serious impairment of a major bodily function.
1 20 8. "Minor" means a person under eighteen years of age who
1 21 has not been and is not married.
1 22 9. "Parent" means one parent or a legal guardian or
1 23 custodian of a pregnant minor.
1 24 10. "Responsible adult" means an adult, who is not
1 25 associated with an abortion provider, chosen by a pregnant
1 26 minor to assist the minor in the decision-making process
1 27 established in this chapter.
1 28 Sec. 2. NEW SECTION. 135L.2 PROSPECTIVE MINOR PARENTS
1 29 DECISION-MAKING ASSISTANCE PROGRAM ESTABLISHED.
1 30 1. A decision-making assistance program is created to
1 31 provide assistance to minors in making informed decisions
1 32 relating to pregnancy. The program shall offer and include
1 33 all of the following:
1 34 a. (1) A video, to be developed by a person selected
1 35 through a request for proposals process or other contractual
2 1 agreement, which provides information regarding the various
2 2 options available to a pregnant minor with regard to the
2 3 pregnancy, including a decision to continue the pregnancy to
2 4 term and retain parental rights following the child's birth, a
2 5 decision to continue the pregnancy to term and place the child
2 6 for adoption following the child's birth, and a decision to
2 7 terminate the pregnancy through abortion. The video shall
2 8 provide the information in a manner and language, including
2 9 but not limited to, the use of closed captioning for the
2 10 hearing-impaired, which could be understood by a minor.
2 11 (2) The video shall explain that public and private
2 12 agencies are available to assist a pregnant minor with any
2 13 alternative chosen.
2 14 (3) The video shall explain that if the pregnant minor
2 15 decides to continue the pregnancy to term, and to retain
2 16 parental rights to the child, the father of the child is
2 17 liable for the support of the child.
2 18 (4) The video shall explain that tendering false documents
2 19 is a fraudulent practice in the fourth degree pursuant to
2 20 section 135L.7.
2 21 b. Written decision-making materials which include all of
2 22 the following:
2 23 (1) Information regarding the options described in the
2 24 video including information regarding the agencies and
2 25 programs available to provide assistance to the pregnant minor
2 26 in parenting a child; information relating to adoption
2 27 including but not limited to information regarding child-
2 28 placing agencies; and information regarding abortion including
2 29 but not limited to the legal requirements relative to the
2 30 performance of an abortion on a pregnant minor. The
2 31 information provided shall include information explaining that
2 32 if a pregnant minor decides to continue the pregnancy to term
2 33 and to retain parental rights, the father of the child is
2 34 liable for the support of the child and that if the pregnant
2 35 minor seeks public assistance on behalf of the child, the
3 1 pregnant minor shall, and if the pregnant minor is not
3 2 otherwise eligible as a public assistance recipient, the
3 3 pregnant minor may, seek the assistance of the child support
3 4 recovery unit in establishing the paternity of the child, and
3 5 in seeking support payments for a reasonable amount of the
3 6 costs associated with the pregnancy, medical support, and
3 7 maintenance from the father of the child, or if the father is
3 8 a minor, from the parents of the minor father. The
3 9 information shall include a listing of the agencies and
3 10 programs and the services available from each.
3 11 (2) A workbook which is to be used in viewing the video
3 12 and which includes a questionnaire and exercises to assist a
3 13 pregnant minor in viewing the video and in considering the
3 14 options available regarding the minor's pregnancy.
3 15 (3) A detachable certification form to be signed by the
3 16 pregnant minor certifying that the pregnant minor was offered
3 17 a viewing of the video and the written decision-making
3 18 materials.
3 19 2. a. The video shall be available through the state and
3 20 local offices of the Iowa department of public health, the
3 21 department of human services, and the judicial department and
3 22 through the office of each licensed physician who performs
3 23 abortions.
3 24 b. The video may be available through the office of any
3 25 licensed physician who does not perform abortions, upon the
3 26 request of the physician; through any nonprofit agency serving
3 27 minors, upon the request of the agency; and through any other
3 28 person providing services to minors, upon the request of the
3 29 person.
3 30 3. During the initial appointment between a licensed
3 31 physician and a pregnant minor, a licensed physician, who is
3 32 providing medical services to a pregnant minor, shall offer
3 33 the viewing of the video and the written decision-making
3 34 materials to the pregnant minor, and shall obtain the signed
3 35 and dated certification form from the pregnant minor. If the
4 1 pregnant minor has previously been offered the viewing of the
4 2 video and the written decision-making materials by another
4 3 source, the licensed physician shall obtain the completed
4 4 certification form from the other source to verify that the
4 5 pregnant minor has been offered the viewing of the video and
4 6 the written decision-making materials. A licensed physician
4 7 shall not perform an abortion on a pregnant minor prior to
4 8 obtaining the completed certification form from a pregnant
4 9 minor. If the pregnant minor decides to terminate parental
4 10 rights following the child's birth, a copy of the completed
4 11 certification form shall be attached to the petition for
4 12 termination of parental rights.
4 13 4. A pregnant minor shall be encouraged to select a
4 14 responsible adult, preferably a parent of the pregnant minor,
4 15 to accompany the pregnant minor in viewing the video and
4 16 receiving the decision-making materials.
4 17 5. To the extent possible and at the discretion of the
4 18 pregnant minor, the person responsible for impregnating the
4 19 pregnant minor shall also be involved in the viewing of the
4 20 video and in the receipt of written decision-making materials.
4 21 6. Following the offering of the viewing of the video and
4 22 of the written decision-making materials, the pregnant minor
4 23 shall sign and date the certification form attached to the
4 24 materials, and shall submit the completed form to the licensed
4 25 physician or provide the person making the offer with
4 26 information to send the completed form to the pregnant minor's
4 27 attending physician. The person offering the viewing of the
4 28 video and the decision-making materials shall also provide a
4 29 copy of the completed certification form to the pregnant
4 30 minor.
4 31 Sec. 3. NEW SECTION. 135L.3 NOTIFICATION OF PARENT OF
4 32 PREGNANT MINOR PRIOR TO THE ADOPTION OF THE CHILD.
4 33 Following compliance with the provisions of section 135L.2,
4 34 a pregnant minor who chooses to place the pregnant minor's
4 35 child for adoption is subject to the following conditions:
5 1 1. Notification of a parent of the pregnant minor of the
5 2 pregnant minor's decision to place the child for adoption.
5 3 Notification shall be made at least twenty-four hours prior to
5 4 the conducting of the hearing on termination of parental
5 5 rights. The pregnant minor's attorney or the child-placing
5 6 agency shall provide notification in person or by mailing the
5 7 notification by restricted certified mail to the parent of the
5 8 pregnant minor at the usual place of abode of the parent. For
5 9 the purpose of delivery by restricted certified mail, the time
5 10 of delivery is deemed to occur at twelve o'clock noon on the
5 11 next day on which regular mail delivery takes place,
5 12 subsequent to the mailing.
5 13 2. If the pregnant minor objects to the notification of a
5 14 parent, the pregnant minor may petition the court to authorize
5 15 waiver of the notification requirement in accordance with the
5 16 following procedures:
5 17 a. The court shall ensure that the pregnant minor is
5 18 provided with assistance in preparing and filing the petition
5 19 for waiver of notification and shall ensure that the pregnant
5 20 minor's identity remains confidential.
5 21 b. The pregnant minor may participate in the court
5 22 proceedings on the pregnant minor's own behalf. The court may
5 23 appoint a guardian ad litem for the pregnant minor who may be
5 24 the responsible adult and the court shall appoint a guardian
5 25 ad litem for the pregnant minor if the pregnant minor is not
5 26 accompanied by a responsible adult or if the pregnant minor
5 27 has not viewed the video as provided pursuant to section
5 28 135L.2. In appointing a guardian ad litem for the pregnant
5 29 minor, the court shall consider a person licensed to practice
5 30 psychology pursuant to chapter 154B, a licensed social worker
5 31 pursuant to chapter 154C, a licensed marital and family
5 32 therapist pursuant to chapter 154D, or a licensed mental
5 33 health counselor pursuant to chapter 154D to serve in the
5 34 capacity of guardian ad litem. The court shall advise the
5 35 pregnant minor of the pregnant minor's right to court-
6 1 appointed legal counsel and shall, upon the pregnant minor's
6 2 request, provide the pregnant minor with court-appointed legal
6 3 counsel, at no cost to the pregnant minor.
6 4 c. The court proceedings shall be conducted in a manner
6 5 which protects the confidentiality of the pregnant minor and
6 6 all court documents pertaining to the proceedings shall remain
6 7 confidential. Only the pregnant minor, the pregnant minor's
6 8 guardian ad litem, the pregnant minor's legal counsel, and
6 9 persons whose presence is specifically requested by the
6 10 pregnant minor or by the pregnant minor's guardian ad litem,
6 11 or by the pregnant minor's legal counsel may attend the
6 12 hearing on the petition.
6 13 d. Notwithstanding any law or rule to the contrary, the
6 14 court proceedings under this section and section 135L.4 shall
6 15 be given precedence over other pending matters to ensure that
6 16 the court reaches a decision expeditiously.
6 17 e. Upon petition and following an appropriate hearing, the
6 18 court shall waive the notification requirements if the court
6 19 determines either of the following:
6 20 (1) That the pregnant minor is mature and capable of
6 21 providing informed consent to the termination of parental
6 22 rights for the purposes of adoption of the pregnant minor's
6 23 child.
6 24 (2) That the pregnant minor is not mature, or does not
6 25 claim to be mature, but that notification is not in the best
6 26 interest of the pregnant minor.
6 27 f. The court shall issue specific factual findings and
6 28 legal conclusions, in writing, to support the decision.
6 29 g. Upon conclusion of the hearing, the court shall
6 30 immediately issue a written order which shall be provided
6 31 immediately to the pregnant minor, the pregnant minor's
6 32 guardian ad litem, the pregnant minor's legal counsel, or any
6 33 other person designated by the pregnant minor to receive the
6 34 order.
6 35 h. An expedited, confidential appeal shall be available to
7 1 a pregnant minor for whom the court denies a petition for
7 2 waiver of notification. An order granting the pregnant
7 3 minor's application for waiver of notification is not subject
7 4 to appeal. Access to the appellate courts for the purpose of
7 5 an appeal under this section shall be provided to a pregnant
7 6 minor twenty-four hours a day, seven days a week.
7 7 i. A pregnant minor who chooses to utilize the waiver of
7 8 notification procedures under this section shall not be
7 9 required to pay a fee at any level of the proceedings. Fees
7 10 charged and court costs taxed in connection with a proceeding
7 11 under this section are waived.
7 12 j. If the court denies the petition for waiver of
7 13 notification and the decision is not appealed or all appeals
7 14 are exhausted, the court shall advise the pregnant minor that,
7 15 upon the request of the pregnant minor, the court will appoint
7 16 a licensed marital and family therapist to assist the pregnant
7 17 minor in addressing any intrafamilial problems. All costs of
7 18 services provided by a court-appointed licensed marital and
7 19 family therapist shall be paid by the court through the
7 20 expenditure of funds appropriated to the judicial department.
7 21 k. Venue for proceedings under this section is in any
7 22 court in the state.
7 23 l. The supreme court shall prescribe rules to ensure that
7 24 the proceedings under this section are performed in an
7 25 expeditious and confidential manner.
7 26 m. The requirements of this section regarding notification
7 27 of a parent of a pregnant minor who chooses to place the
7 28 pregnant minor's child for adoption do not apply if any of the
7 29 following applies:
7 30 (1) A parent of the pregnant minor authorizes the pregnant
7 31 minor's decision, in writing, and a copy of the written
7 32 authorization is attached to the termination of parental
7 33 rights petition.
7 34 (2) (a) The pregnant minor declares, in a written
7 35 statement submitted to the pregnant minor's legal counsel or
8 1 to the child-placing agency providing services to the pregnant
8 2 minor, a reason for not notifying a parent and a reason for
8 3 notifying a grandparent or an aunt or uncle of the pregnant
8 4 minor in lieu of the notification of a parent. Upon receipt
8 5 of the written statement from the pregnant minor, the pregnant
8 6 minor's legal counsel or the child-placing agency providing
8 7 services to the pregnant minor shall provide notification to a
8 8 grandparent or an aunt or uncle of the pregnant minor,
8 9 specified by the pregnant minor, in the manner in which
8 10 notification is provided to a parent.
8 11 (b) The notification form shall be in duplicate and shall
8 12 include both of the following:
8 13 (i) A declaration which informs the grandparent or the
8 14 aunt or uncle of the pregnant minor that the grandparent or
8 15 aunt or uncle of the pregnant minor may be subject to civil
8 16 action if the grandparent or aunt or uncle accepts
8 17 notification.
8 18 (ii) A provision that the grandparent or aunt or uncle of
8 19 the pregnant minor may refuse acceptance of notification.
8 20 (3) The pregnant minor declares that the pregnant minor is
8 21 a victim of child abuse pursuant to section 232.68, the person
8 22 responsible for the care of the child is a parent of the
8 23 child, and either the abuse has been reported pursuant to the
8 24 procedures prescribed in chapter 232, division III, part 2, or
8 25 a parent of the child is named in a report of founded child
8 26 abuse. The department of human services shall maintain
8 27 confidentiality under chapter 232 regarding the pregnant
8 28 minor's pregnancy.
8 29 (4) The pregnant minor declares that the pregnant minor is
8 30 a victim of sexual abuse as defined in chapter 709 and has
8 31 reported the sexual abuse to law enforcement.
8 32 n. A copy of the completed certification form pursuant to
8 33 section 135L.2, and a copy of the notification document mailed
8 34 to a parent, grandparent, or aunt or uncle of the pregnant
8 35 minor, or a copy of the order waiving notification shall be
9 1 attached to the petition for termination of parental rights,
9 2 unless the pregnant minor is otherwise exempt from obtaining
9 3 any of these documents under this chapter.
9 4 o. Noncompliance with the provisions of this section is
9 5 not grounds for any of the following:
9 6 (1) Denial, modification, vacation, or appeal of a
9 7 termination of parental rights order issued pursuant to
9 8 section 600A.9.
9 9 (2) Denial, modification, vacation, or appeal of an
9 10 interlocutory or final adoption decree rendered under section
9 11 600.13.
9 12 Sec. 4. NEW SECTION. 135L.4 NOTIFICATION OF PARENT PRIOR
9 13 TO THE PERFORMANCE OF ABORTION ON A PREGNANT MINOR –
9 14 REQUIREMENTS – CRIMINAL PENALTY.
9 15 1. A person shall not perform an abortion on a pregnant
9 16 minor until at least forty-eight hours' prior notification is
9 17 provided to a parent of the pregnant minor.
9 18 2. The person who will perform the abortion shall provide
9 19 notification in person or by mailing the notification by
9 20 restricted certified mail to the parent of the pregnant minor
9 21 at the usual place of abode of the parent. For the purpose of
9 22 delivery by restricted certified mail, the time of delivery is
9 23 deemed to occur at twelve o'clock noon on the next day on
9 24 which regular mail delivery takes place, subsequent to the
9 25 mailing.
9 26 3. If the pregnant minor objects to the notification of a
9 27 parent prior to the performance of an abortion on the pregnant
9 28 minor, the pregnant minor may petition the court to authorize
9 29 waiver of the notification requirement pursuant to this
9 30 section in accordance with the following procedures:
9 31 a. The court shall ensure that the pregnant minor is
9 32 provided with assistance in preparing and filing the petition
9 33 for waiver of notification and shall ensure that the pregnant
9 34 minor's identity remains confidential.
9 35 b. The pregnant minor may participate in the court
10 1 proceedings on the pregnant minor's own behalf. The court may
10 2 appoint a guardian ad litem for the pregnant minor and the
10 3 court shall appoint a guardian ad litem for the pregnant minor
10 4 if the pregnant minor is not accompanied by a responsible
10 5 adult or if the pregnant minor has not viewed the video as
10 6 provided pursuant to section 135L.2. In appointing a guardian
10 7 ad litem for the pregnant minor, the court shall consider a
10 8 person licensed to practice psychology pursuant to chapter
10 9 154B, a licensed social worker pursuant to chapter 154C, a
10 10 licensed marital and family therapist pursuant to chapter
10 11 154D, or a licensed mental health counselor pursuant to
10 12 chapter 154D to serve in the capacity of guardian ad litem.
10 13 The court shall advise the pregnant minor of the pregnant
10 14 minor's right to court-appointed legal counsel, and shall,
10 15 upon the pregnant minor's request, provide the pregnant minor
10 16 with court-appointed legal counsel, at no cost to the pregnant
10 17 minor.
10 18 c. The court proceedings shall be conducted in a manner
10 19 which protects the confidentiality of the pregnant minor and
10 20 all court documents pertaining to the proceedings shall remain
10 21 confidential. Only the pregnant minor, the pregnant minor's
10 22 guardian ad litem, the pregnant minor's legal counsel, and
10 23 persons whose presence is specifically requested by the
10 24 pregnant minor, by the pregnant minor's guardian ad litem, or
10 25 by the pregnant minor's legal counsel may attend the hearing
10 26 on the petition.
10 27 d. Notwithstanding any law or rule to the contrary, the
10 28 court proceedings under this section and section 135L.3 shall
10 29 be given precedence over other pending matters to ensure that
10 30 the court reaches a decision expeditiously.
10 31 e. Upon petition and following an appropriate hearing, the
10 32 court shall waive the notification requirements if the court
10 33 determines either of the following:
10 34 (1) That the pregnant minor is mature and capable of
10 35 providing informed consent for the performance of an abortion.
11 1 (2) That the pregnant minor is not mature, or does not
11 2 claim to be mature, but that notification is not in the best
11 3 interest of the pregnant minor.
11 4 f. The court shall issue specific factual findings and
11 5 legal conclusions, in writing, to support the decision.
11 6 g. Upon conclusion of the hearing, the court shall
11 7 immediately issue a written order which shall be provided
11 8 immediately to the pregnant minor, the pregnant minor's
11 9 guardian ad litem, the pregnant minor's legal counsel, or to
11 10 any other person designated by the pregnant minor to receive
11 11 the order.
11 12 h. An expedited, confidential appeal shall be available to
11 13 a pregnant minor for whom the court denies a petition for
11 14 waiver of notification. An order granting the pregnant
11 15 minor's application for waiver of notification is not subject
11 16 to appeal. Access to the appellate courts for the purpose of
11 17 an appeal under this section shall be provided to a pregnant
11 18 minor twenty-four hours a day, seven days a week.
11 19 i. A pregnant minor who chooses to utilize the waiver of
11 20 notification procedures under this section shall not be
11 21 required to pay a fee at any level of the proceedings. Fees
11 22 charged and court costs taxed in connection with a proceeding
11 23 under this section are waived.
11 24 j. If the court denies the petition for waiver of
11 25 notification and if the decision is not appealed or all
11 26 appeals are exhausted, the court shall advise the pregnant
11 27 minor that, upon the request of the pregnant minor, the court
11 28 will appoint a licensed marital and family therapist to assist
11 29 the pregnant minor in addressing any intrafamilial problems.
11 30 All costs of services provided by a court-appointed licensed
11 31 marital and family therapist shall be paid by the court
11 32 through the expenditure of funds appropriated to the judicial
11 33 department.
11 34 k. Venue for proceedings under this section is in any
11 35 court in the state.
12 1 l. The supreme court shall prescribe rules to ensure that
12 2 the proceedings under this section are performed in an
12 3 expeditious and confidential manner.
12 4 m. The requirements of this section regarding notification
12 5 of a parent of a pregnant minor prior to the performance of an
12 6 abortion on a pregnant minor do not apply if any of the
12 7 following applies:
12 8 (1) The abortion is authorized in writing by a parent
12 9 entitled to notification.
12 10 (2) (a) The pregnant minor declares, in a written
12 11 statement submitted to the attending physician, a reason for
12 12 not notifying a parent and a reason for notifying a
12 13 grandparent or an aunt or uncle of the pregnant minor in lieu
12 14 of the notification of a parent. Upon receipt of the written
12 15 statement from the pregnant minor, the attending physician
12 16 shall provide notification to a grandparent or an aunt or
12 17 uncle of the pregnant minor, specified by the pregnant minor,
12 18 in the manner in which notification is provided to a parent.
12 19 (b) The notification form shall be in duplicate and shall
12 20 include both of the following:
12 21 (i) A declaration which informs the grandparent or the
12 22 aunt or uncle of the pregnant minor that the grandparent or
12 23 aunt or uncle of the pregnant minor may be subject to civil
12 24 action if the grandparent or aunt or uncle accepts
12 25 notification.
12 26 (ii) A provision that the grandparent or aunt or uncle of
12 27 the pregnant minor may refuse acceptance of notification.
12 28 (3) The pregnant minor's attending physician certifies in
12 29 writing that a medical emergency exists which necessitates the
12 30 immediate performance of an abortion in accordance with
12 31 section 135L.6.
12 32 (4) The pregnant minor declares that the pregnant minor is
12 33 a victim of child abuse pursuant to section 232.68, the person
12 34 responsible for the care of the child is a parent of the
12 35 child, and either the abuse has been reported pursuant to the
13 1 procedures prescribed in chapter 232, division III, part 2, or
13 2 a parent of the child is named in a report of founded child
13 3 abuse. The department of human services shall maintain
13 4 confidentiality under chapter 232 regarding the pregnant
13 5 minor's pregnancy and abortion, if the abortion is obtained.
13 6 (5) The pregnant minor declares that the pregnant minor is
13 7 a victim of sexual abuse as defined in chapter 709 and has
13 8 reported the sexual abuse to law enforcement.
13 9 n. A person who performs an abortion in violation of this
13 10 section is guilty of a serious misdemeanor.
13 11 Sec. 5. NEW SECTION. 135L.5 PROSPECTIVE MINOR PARENTS
13 12 PROGRAM ADVISORY COMMITTEE CREATED.
13 13 1. A prospective minor parents program advisory committee
13 14 is created which shall be composed of all of the following:
13 15 a. The following members appointed by the governor:
13 16 (1) A health care professional.
13 17 (2) A counselor, who has expertise in sexual abuse
13 18 counseling.
13 19 (3) A representative of a child-placing agency other than
13 20 a child-placing agency under the management or control of any
13 21 division of the department of human services or any
13 22 administrator of the department of human services.
13 23 (4) A juvenile court judge.
13 24 (5) A representative of a crisis pregnancy center.
13 25 (6) A representative of an abortion provider.
13 26 (7) A representative of an adolescent treatment program.
13 27 (8) A school nurse.
13 28 (9) A secondary school teacher.
13 29 (10) A parent.
13 30 (11) A person ordained or designated as a regular leader
13 31 of a religious community.
13 32 (12) The director of public health, or the director's
13 33 designee.
13 34 b. The following nonvoting members:
13 35 (1) Two members of the senate appointed by the majority
14 1 leader of the senate after consultation with the minority
14 2 leader of the senate.
14 3 (2) Two members of the house of representatives appointed
14 4 by the speaker of the house after consultation with the
14 5 majority leader and the minority leader of the house.
14 6 (3) The director of human services, or the director's
14 7 designee.
14 8 (4) The director of the department of education, or the
14 9 director's designee.
14 10 (5) A minor who is at least fourteen but less than
14 11 eighteen years of age at the time of the appointment,
14 12 appointed by the governor.
14 13 2. Representative associations of professionals and
14 14 providers who are to be appointed to the advisory committee
14 15 may submit a listing of nominees to the governor. The
14 16 governor may consider the listings in appointing members to
14 17 the advisory committee. The governor shall appoint members
14 18 who represent a variety of philosophical views.
14 19 3. Members shall serve terms beginning on the date on
14 20 which all members are initially appointed. Appointments shall
14 21 comply with sections 69.16 and 69.16A. Vacancies shall be
14 22 filled by the original appointing authority and in the manner
14 23 of the original appointments.
14 24 4. Nonlegislative members shall receive actual expenses
14 25 incurred while serving in their official capacity and may also
14 26 be eligible to receive compensation as provided in section
14 27 7E.6. Legislative members shall receive compensation pursuant
14 28 to section 2.10.
14 29 5. The committee shall select a chairperson, annually,
14 30 from its membership. A majority of the voting members of the
14 31 committee constitutes a quorum.
14 32 6. The advisory committee shall do all of the following:
14 33 a. Develop criteria for the selection of a person, through
14 34 a request for proposals process or other contractual
14 35 agreement, to develop the video described in this chapter.
15 1 Following receipt of applications, or upon agreement of a
15 2 simple majority of the voting members to a contractual
15 3 agreement, the advisory committee shall also select the
15 4 recipient of the contract for development of the video.
15 5 b. Develop criteria for information to be included in the
15 6 video. The criteria shall, at a minimum, require that the
15 7 person developing the video request input from a variety of
15 8 interest groups and perspectives which have an interest in
15 9 pregnancy-related issues and that the video present the
15 10 various perspectives in an unbiased manner.
15 11 c. Develop a process for and provide for the distribution
15 12 of the video and develop confidentiality requirements relating
15 13 to the persons involved in viewing the video.
15 14 d. Promote use of the video and written decision-making
15 15 materials through public service announcements and other media
15 16 formats.
15 17 e. Provide ongoing evaluation of the prospective minor
15 18 parents decision-making assistance program including
15 19 evaluation of the video and written document and of the
15 20 notification and waiver system, and make recommendations for
15 21 improvement.
15 22 f. Receive input from the public regarding the program
15 23 through the use of public hearings, focus groups, surveys, and
15 24 other formats.
15 25 7. The committee, upon the advice of the Iowa department
15 26 of public health, may receive gifts, grants, or donations for
15 27 the purpose of implementing and continuing the program.
15 28 8. The advisory committee and the producer of the video
15 29 shall attempt to complete and distribute the video for use not
15 30 later than January 1, 1997.
15 31 9. The advisory committee shall submit a report to the
15 32 general assembly on or before January 8, 1997, regarding the
15 33 progress of the committee in completing the committee's duties
15 34 regarding the development and distribution of the video.
15 35 10. The Iowa department of public health shall provide
16 1 administrative support to the advisory committee.
16 2 Sec. 6. NEW SECTION. 135L.6 MEDICAL EMERGENCY EXCEPTION
16 3 – ALTERNATIVE PROCEDURE.
16 4 If a pregnant minor's attending physician certifies in
16 5 writing that a medical emergency exists which necessitates the
16 6 immediate performance of an abortion on the pregnant minor,
16 7 and which results in the inapplicability of section 135L.2
16 8 with regard to the required offering of the viewing of the
16 9 video, of section 135L.3 with regard to notification of a
16 10 parent prior to the termination of parental rights of a
16 11 pregnant minor for the purposes of placing the child for
16 12 adoption, or of section 135L.4 with regard to notification of
16 13 a parent prior to the performance of an abortion on a pregnant
16 14 minor, the attending physician shall do the following:
16 15 1. Certify in writing the basis for the medical judgment
16 16 that a medical emergency exists and make the written
16 17 certification available to a parent of the pregnant minor
16 18 prior to performance of the abortion, if possible.
16 19 2. If it is not possible to provide a parent of the
16 20 pregnant minor with written certification prior to performance
16 21 of the abortion under subsection 1, the physician shall
16 22 provide the written certification to a parent of the pregnant
16 23 minor within twelve hours following the performance of the
16 24 abortion unless one of the following applies:
16 25 a. The abortion is authorized in writing by a parent
16 26 entitled to notification.
16 27 b. (1) The pregnant minor declares, in a written
16 28 statement submitted to the attending physician, a reason for
16 29 not notifying a parent and a reason for notifying a
16 30 grandparent or an aunt or uncle of the pregnant minor in lieu
16 31 of the notification of a parent. Upon receipt of the written
16 32 statement from the pregnant minor, the attending physician
16 33 shall provide notification to a grandparent or an aunt or
16 34 uncle of the pregnant minor, specified by the pregnant minor,
16 35 in the manner in which notification is provided to a parent.
17 1 (2) The notification form shall be in duplicate and shall
17 2 include both of the following:
17 3 (a) A declaration which informs the grandparent or the
17 4 aunt or uncle of the pregnant minor that the grandparent or
17 5 aunt or uncle of the pregnant minor may be subject to civil
17 6 action if the grandparent or aunt or uncle accepts
17 7 notification.
17 8 (b) A provision that the grandparent or aunt or uncle of
17 9 the pregnant minor may refuse acceptance of notification.
17 10 c. The pregnant minor declares that the pregnant minor is
17 11 a victim of child abuse pursuant to section 232.68, the person
17 12 responsible for the care of the child is a parent of the
17 13 child, and either the abuse has been reported pursuant to the
17 14 procedures prescribed in chapter 232, division III, part 2, or
17 15 a parent of the child is named in a report of founded child
17 16 abuse. The department of human services shall maintain
17 17 confidentiality under chapter 232 regarding the pregnant
17 18 minor's pregnancy and abortion, if an abortion is obtained.
17 19 d. The pregnant minor declares that the pregnant minor is
17 20 a victim of sexual abuse as defined in chapter 709 and has
17 21 reported the sexual abuse to law enforcement.
17 22 e. The pregnant minor elects not to allow notification of
17 23 the pregnant minor's parent and a court authorizes waiver of
17 24 the notification requirement following completion of the
17 25 proceedings prescribed under section 135L.3 or 135L.4.
17 26 Sec. 7. NEW SECTION. 135L.7 FRAUDULENT PRACTICE.
17 27 A person who does any of the following is guilty of a
17 28 fraudulent practice in the fourth degree pursuant to section
17 29 714.12:
17 30 1. Knowingly tenders a false original or copy of the
17 31 signed and dated certification form described in section
17 32 135L.2, to be retained by the licensed physician, to be sent
17 33 to the pregnant minor's attending physician, or to be attached
17 34 to the termination of parental rights petition pursuant to
17 35 section 135L.3.
18 1 2. Knowingly tenders a false original or copy of the
18 2 notification document mailed to a parent, grandparent, or aunt
18 3 or uncle of the pregnant minor under this chapter, a false
18 4 original or copy of the written certification to be provided
18 5 to a parent of a pregnant minor pursuant to section 135L.6, or
18 6 a false original or copy of the order waiving notification
18 7 relative to the performance of an abortion on a pregnant minor
18 8 or relative to the termination of parental rights of a
18 9 pregnant minor.
18 10 Sec. 8. NEW SECTION. 135L.8 IMMUNITIES.
18 11 1. With the exception of the civil liability which may
18 12 apply to a grandparent or aunt or uncle of a pregnant minor
18 13 who accepts notification under this chapter, a person is
18 14 immune from any liability, civil or criminal, for any act,
18 15 omission, or decision made in connection with a good faith
18 16 effort to comply with the provisions of this chapter.
18 17 2. This section shall not be construed to limit civil or
18 18 criminal liability of a person for any act, omission, or
18 19 decision made in relation to the performance of a medical
18 20 procedure on a pregnant minor.
18 21 Sec. 9. NEW SECTION. 135L.9 ADOPTION OF RULES –
18 22 IMPLEMENTATION AND DOCUMENTS.
18 23 The Iowa department of public health shall adopt rules to
18 24 implement the notification procedures pursuant to this chapter
18 25 including but not limited to rules regarding the documents
18 26 necessary for notification of a parent, grandparent, or aunt
18 27 or uncle of a pregnant minor who is designated to receive
18 28 notification under this chapter.
18 29 Sec. 10. NEW SECTION. 232.5 ADOPTION OF CHILD BORN TO A
18 30 MINOR OR ABORTION PERFORMED ON A MINOR – WAIVER OF
18 31 NOTIFICATION PROCEEDINGS.
18 32 The court shall have exclusive jurisdiction over the
18 33 proceedings for the granting of an order for waiver of the
18 34 notification requirements relating to the adoption of a child
18 35 born to a minor or to the performance of an abortion on a
19 1 minor pursuant to sections 135L.3 and 135L.4.
19 2 Sec. 11. Section 600.13, Code 1995, is amended by adding
19 3 the following new subsection:
19 4 NEW SUBSECTION. 7. Noncompliance with the provisions of
19 5 section 135L.2 or 135L.3 is not grounds for denial,
19 6 modification, vacation, or appeal of an interlocutory or final
19 7 adoption decree.
19 8 Sec. 12. Section 600A.4, subsection 4, Code 1995, is
19 9 amended to read as follows:
19 10 4. Either a parent who has signed a release of custody, or
19 11 a nonsigning parent, may, at any time prior to the entry of an
19 12 order terminating parental rights, request the juvenile court
19 13 designated in section 600A.5 to order the revocation of any
19 14 release of custody previously executed by either parent. If
19 15 such request is by a signing parent, and is within ninety-six
19 16 hours of the time such parent signed a release of custody, the
19 17 juvenile court shall order the release revoked. Otherwise,
19 18 the juvenile court shall order the release or releases revoked
19 19 only upon clear and convincing evidence that good cause exists
19 20 for revocation. Good cause for revocation includes but is not
19 21 limited to a showing that the release was obtained by fraud,
19 22 coercion, or misrepresentation of law or fact which was
19 23 material to its execution. Noncompliance by a pregnant minor
19 24 with the provisions of section 135L.2 or 135L.3 does not
19 25 constitute good cause for revocation. In determining whether
19 26 good cause exists for revocation, the juvenile court shall
19 27 give paramount consideration to the best interests of the
19 28 child including avoidance of a disruption of an existing
19 29 relationship between a parent and child. The juvenile court
19 30 shall also give due consideration to the interests of the
19 31 parents of the child and of any person standing in the place
19 32 of the parents.
19 33 Sec. 13. Section 600A.9, Code 1995, is amended by adding
19 34 the following new subsection:
19 35 NEW SUBSECTION. 5. Noncompliance with the provisions of
20 1 section 135L.2 or 135L.3 is not grounds for denial,
20 2 modification, vacation, or appeal of a termination of parental
20 3 rights order.
20 4 Sec. 14. EFFECTIVE DATE. The section of this Act which
20 5 creates section 135L.5 relating to the establishment of the
20 6 advisory committee, being deemed of immediate importance,
20 7 takes effect upon enactment. The advisory committee shall be
20 8 appointed within sixty days of the enactment of this Act and
20 9 may begin performing committee duties prior to the beginning
20 10 of the official commencement of the terms of the committee
20 11 members as provided in section 135L.5 as created in this Act.
20 12 If the advisory committee created pursuant to section
20 13 135L.5 has completed its duties regarding the development and
20 14 distribution of the video pursuant to section 135L.2 prior to
20 15 January 1, 1997, the remainder of this Act takes effect
20 16 January 1, 1997. However, even if the advisory committee has
20 17 not completed its duties prior to January 1, 1997, and the
20 18 video is not developed and distributed prior to January 1,
20 19 1997, the remaining sections of this Act, exclusive of the
20 20 section which creates section 135L.5, and exclusive of the
20 21 section and provisions which relate to development,
20 22 distribution, and offering of the video and the written
20 23 decision-making materials, take effect January 1, 1997.
20 24 Sec. 15. REPEAL – ADVISORY COMMITTEE. Section 135L.5 is
20 25 repealed effective January 1, 1999, or two years following the
20 26 distribution date of the video as determined by the advisory
20 27 committee, whichever is later.
20 28 SF 13
20 29 pf/cc/26
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