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House Journal: Page 1793: Thursday, April 20, 1995

18   specify the actions expected of the parent, guardian,
19   or custodian in order for the agency to recommend that
20   the court terminate a dispositional order for the
21   child's out-of-home placement and for the agency to
22   end its involvement with the child and the child's
23   family upon completion of the contract requirements.
24     Sec. ___.  Section 273.2, subsection 1, Code 1995,
25   is amended to read as follows:
26     1.  In-service training programs for employees of
27   school districts and area education agencies, provided
28   at the time programs and services are established they
29   do not duplicate programs and services available in
30   that area from the universities under the state board
31   of regents and from other universities and four-year
32   institutions of higher education in Iowa.  The in-
33   service training programs shall include but are not
34   limited to regular training concerning mental or
35   emotional disorders which may afflict children and the
36   impact children with such disorders have upon their
37   families."
38     4.  Page 2, by inserting before line 14 the
39   following:
40     "Sec. ___.  Section 598.41, subsections 1 and 2,
41   Code 1995, are amended to read as follows:
42     1.  a.  The court, insofar as is reasonable and in
43   the best interest of the child, shall order the
44   custody award, including liberal visitation rights
45   where appropriate, which will assure the child the
46   opportunity for the maximum continuing physical and
47   emotional contact with both parents after the parents
48   have separated or dissolved the marriage, and which
49   will encourage parents to share the rights and
50   responsibilities of raising the child unless direct

Page 4

 1   physical harm or significant emotional harm to the
 2   child, other children, or a parent is likely to result
 3   from such contact with one parent, and which will
 4   encourage parents to share the rights and
 5   responsibilities of raising the child.
 6     b.  Notwithstanding paragraph "a", if the court
 7   finds credible evidence of a history of domestic
 8   abuse, a rebuttable presumption against the awarding
 9   of joint custody exists.
10     c.  The court shall consider the denial by one
11   parent of the child's opportunity for maximum
12   continuing contact with the other parent, without just
13   cause, a significant factor in determining the proper
14   custody arrangement.  Just cause may include a
15   determination by the court pursuant to subsection 3,
16   paragraph "j", that credible evidence of domestic
17   abuse exists between the parents.
18     d.  If credible evidence of domestic abuse exists

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/01700/01793.html
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