House Journal: Page 746: Thursday, March 14, 1996

d.  Notwithstanding any law or rule to the contrary, the court
proceedings under this section and section 135L.4 shall be given
precedence over other pending matters to ensure that the court
reaches a decision expeditiously.
e.  Upon petition and following an appropriate hearing, the
court shall waive the notification requirements if the court
determines either of the following:
(1)  That the pregnant minor is mature and capable of providing
informed consent to the termination of parental rights for the
purposes of adoption of the pregnant minor's child.
(2)  That the pregnant minor is not mature, or does not claim to
be mature, but that notification is not in the best interest of
the pregnant minor.
f.  The court shall issue specific factual findings and legal
conclusions, in writing, to support the decision.
g.  Upon conclusion of the hearing, the court shall immediately
issue a written order which shall be provided immediately to the
pregnant minor, the pregnant minor's guardian ad litem, the
pregnant minor's legal counsel, or any other person designated
by the pregnant minor to receive the order.
h.  An expedited, confidential appeal shall be available to a
pregnant minor for whom the court denies a petition for waiver
of notification.  An order granting the pregnant minor's
application for waiver of notification is not subject to appeal.
 Access to the appellate courts for the purpose of an appeal
under this section shall be provided to a pregnant minor
twenty-four hours a day, seven days a week.
i.  A pregnant minor who chooses to utilize the waiver of
notification procedures under this section shall not be required
to pay a fee at any level of the proceedings.  Fees charged and
court costs taxed in connection with a proceeding under this
section are waived.
j.  If the court denies the petition for waiver of notification
and the decision is not appealed or all appeals are exhausted,
the court shall advise the pregnant minor that, upon the request
of the pregnant minor, the court will appoint a licensed marital
and family therapist to assist the pregnant minor in addressing
any intrafamilial problems.  All costs of services provided by a
court-appointed licensed marital and family therapist shall be
paid by the court through the expenditure of funds appropriated
to the judicial department.
k.  Venue for proceedings under this section is in any court in
the state.
l.  The supreme court shall prescribe rules to ensure that the
proceedings under this section are performed in an expeditious
and confidential manner.
m.  The requirements of this section regarding notification of a
parent of a pregnant minor who chooses to place the pregnant
minor's child for adoption do not apply if any of the following
applies:
(1)  A parent of the pregnant minor authorizes the pregnant
minor's decision, in writing, and a copy of the written
authorization is attached to the termination of parental rights
petition.
(2)  (a)  The pregnant minor declares, in a written statement
submitted to the pregnant minor's legal counsel or to the
child-placing agency providing services to the pregnant minor, a
reason for not notifying a parent and a reason for notifying a
grandparent or an aunt or uncle of the pregnant minor in lieu of
the notification

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

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