Text: H08618 Text: H08620 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2384, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Sec. 101. NEW SECTION. 232.6 JURISDICTION – 1 6 ADOPTIONS AND TERMINATIONS OF PARENTAL RIGHTS. 1 7 The court may exercise jurisdiction over adoption 1 8 and termination of parental rights proceedings under 1 9 chapters 600 and 600A. 1 10 Sec. 102. Section 600.1, Code 1997, is amended to 1 11 read as follows: 1 12 600.1 CONSTRUCTION. 1 13 This chapter shall be construed liberally. The 1 14 best interest of the person to be adopted shall be the 1 15 paramount consideration in interpreting this chapter. 1 16 However, the interests of the adopting parents shall 1 17 be given due consideration in this interpretation. 1 18 However, in determining the best interest of the 1 19 person to be adopted and the interests of the adopting 1 20 parents, any evidence of interests relating to a 1 21 period of time during which the person to be adopted 1 22 is placed with prospective adoptive parents and during 1 23 which the placement is not in compliance with the law, 1 24 adoption procedures, or any action by the juvenile 1 25 court or court, shall not be considered in the 1 26 determination. 1 27 Sec. 103. Section 600.3, Code 1997, is amended to 1 28 read as follows: 1 29 600.3 COMMENCEMENT OF ADOPTION ACTION – 1 30 JURISDICTION – FORUM NON CONVENIENS. 1 31 1. An action for the adoption of any natural 1 32 person shall be commenced by the filing of an adoption 1 33 petition, as prescribed in section 600.5, in the 1 34 juvenile court or court of the county in which an 1 35 adult person to be adopted is domiciled or resides, or 1 36 in the juvenile court or court of the county in which 1 37 the guardian of a minor person to be adopted or the 1 38 petitioner is domiciled or resides. 1 39 2. An adoption petition shall not be filed until a 1 40 termination of parental rights has been accomplished 1 41 except in the following cases: 1 42 a. No termination of parental rights is required 1 43 if the person to be adopted is an adult. 1 44 b. If the stepparent of the child to be adopted is 1 45 the adoption petitioner, the parent-child relationship 1 46 between the child and the parent who is not the spouse 1 47 of the petitioner may be terminated as part of the 1 48 adoption proceeding by the filing of that parent's 1 49 consent to the adoption. 1 50 For the purposes of this subsection, a consent to 2 1 adopt recognized by the juvenile courts or courts of 2 2 another jurisdiction in the United States and obtained 2 3 from a resident of that jurisdiction shall be accepted 2 4 in this state in lieu of a termination of parental 2 5 rights proceeding. 2 6 Any adoption proceeding pending on or completed 2 7 prior to July 1, 1978, is hereby legalized and 2 8 validated to the extent that it is consistent with 2 9 this subsection. 2 10 3. If upon filing of the adoption petition or at 2 11 any later time in the adoption action the juvenile 2 12 court or court finds that in the interest of 2 13 substantial justice the adoption action should be 2 14 conducted in another juvenile court or court, it may 2 15 transfer, stay, or dismiss the adoption action on any 2 16 conditions that are just. 2 17 Sec. 104. Section 600.4, subsection 3, paragraph 2 18 c, Code 1997, is amended to read as follows: 2 19 c. Is unable to petition with the other spouse 2 20 because of the prolonged and unexplained absence, 2 21 unavailability, or incapacity of the other spouse, or 2 22 because of an unreasonable withholding of joinder by 2 23 the other spouse, as determined by the juvenile court 2 24 or court under section 600.5, subsection 7. 2 25 Sec. 105. Section 600.5, unnumbered paragraph 1, 2 26 Code 1997, is amended to read as follows: 2 27 An adoption petition shall be signed and verified 2 28 by the petitioner, shall be filed with the juvenile 2 29 court or court designated in section 600.3, and shall 2 30 state: 2 31 Sec. 106. Section 600.5, subsection 7, Code 1997, 2 32 is amended to read as follows: 2 33 7. A designation of the particular provision in 2 34 section 600.4 under which the petitioner is qualified 2 35 to adopt and, if under section 600.4, subsection 3, 2 36 paragraph "c", a request that the juvenile court or 2 37 court approve the petitioner's qualification to adopt. 2 38 Sec. 107. Section 600.7, subsection 1, unnumbered 2 39 paragraph 1, Code 1997, is amended to read as follows: 2 40 An adoption petition shall not be granted unless 2 41 the following persons consent to the adoption or 2 42 unless the juvenile court or court makes a 2 43 determination under subsection 4: 2 44 Sec. 108. Section 600.7, subsection 2, paragraphs 2 45 a and b, Code 1997, are amended to read as follows: 2 46 a. If by any minor person to be adopted who is 2 47 fourteen years of age or older, in the presence of the 2 48 juvenile court or court in which the adoption petition 2 49 is filed. 2 50 b. If by any other person, either in the presence 3 1 of the juvenile court or court in which the adoption 3 2 petition is filed or before a notary public. 3 3 Sec. 109. Section 600.7, subsections 3 and 4, Code 3 4 1997, are amended to read as follows: 3 5 3. A consent to the adoption may be withdrawn 3 6 prior to the issuance of an adoption decree under 3 7 section 600.13 by the filing of an affidavit of 3 8 consent withdrawal with the juvenile court or court. 3 9 Such affidavit shall be treated in the same manner as 3 10 an attached verified statement is treated under 3 11 subsection 4. 3 12 4. If any person required to consent under this 3 13 section refuses to or cannot be located to give 3 14 consent, the petitioner may attach to the petition a 3 15 verified statement of such refusal or lack of 3 16 location. The juvenile court or court shall then 3 17 determine, at the adoption hearing prescribed in 3 18 section 600.12, whether, in the best interests of the 3 19 person to be adopted and the petitioner, any 3 20 particular consent shall be unnecessary to the 3 21 granting of an adoption petition. 3 22 Sec. 110. Section 600.8, subsection 2, paragraph 3 23 a, Code 1997, is amended to read as follows: 3 24 a. A preplacement investigation and report of the 3 25 investigation shall be completed and the prospective 3 26 adoption petitioner approved for a placement by the 3 27 person making the investigation prior to any agency or 3 28 independent placement of a minor person in the 3 29 petitioner's home in anticipation of an ensuing 3 30 adoption. A report of a preplacement investigation 3 31 that has approved a prospective adoption petitioner 3 32 for a placement shall not authorize placement of a 3 33 minor person with that petitioner after one year from 3 34 the date of the report's issuance. However, if the 3 35 prospective adoption petitioner is a relative within 3 36 the fourth degree of consanguinity who has assumed 3 37 custody of a minor person to be adopted, a 3 38 preplacement investigation of this petitioner and a 3 39 report of the investigation may be completed at a time 3 40 established by the juvenile court or court or may be 3 41 waived as provided in subsection 12. 3 42 Sec. 111. Section 600.8, subsections 4, 7, 8, 9, 3 43 and 12, Code 1997, are amended to read as follows: 3 44 4. A postplacement investigation and a background 3 45 information investigation and the reports of these 3 46 investigations shall be completed and the reports 3 47 filed with the juvenile court or court prior to the 3 48 holding of the adoption hearing prescribed in section 3 49 600.12. Upon the filing of an adoption petition 3 50 pursuant to section 600.5, the juvenile court or court 4 1 shall immediately appoint the department, an agency, 4 2 or an investigator to conduct and complete the 4 3 postplacement and background information 4 4 investigations and reports. In addition to filing the 4 5 background information report with the juvenile court 4 6 or court prior to the holding of the adoption hearing, 4 7 the department, agency, or investigator appointed to 4 8 conduct the background information investigation shall 4 9 complete the background information investigation and 4 10 report and furnish a copy to the adoption petitioner 4 11 within thirty days after the filing of the adoption 4 12 petition. Any person, including a juvenile court,who 4 13 has gained relevant background information concerning 4 14 a minor person subject to an adoption petition shall, 4 15 upon request, fully co-operate with the conducting of 4 16 the background information investigation and report by 4 17 disclosing any relevant background information, 4 18 whether contained in sealed records or not. 4 19 7. Any investigation or report required under this 4 20 section shall not apply when the person to be adopted 4 21 is an adult or when the prospective adoption 4 22 petitioner or adoption petitioner is a stepparent of 4 23 the person to be adopted. However, in the case of a 4 24 stepparent adoption, the juvenile court or court, upon 4 25 the request of an interested person or on its own 4 26 motion stating the reasons therefor of record, may 4 27 order an investigation or report pursuant to this 4 28 section. 4 29 8. Any person designated to make an investigation 4 30 and report under this section may request an agency or 4 31 state agency, within or outside this state, to conduct 4 32 a portion of the investigation or the report, as may 4 33 be appropriate, and to file a supplemental report of 4 34 such investigation or report with the juvenile court 4 35 or court. In the case of the adoption of a minor 4 36 person by a person domiciled or residing in any other 4 37 jurisdiction of the United States, any investigation 4 38 or report required under this section which has been 4 39 conducted pursuant to the standards of that other 4 40 jurisdiction shall be recognized in this state. 4 41 9. The department may investigate, on its own 4 42 initiative or on order of the juvenile court or court, 4 43 any placement made or adoption petition filed under 4 44 this chapter or chapter 600A and may report its 4 45 resulting recommendation to the juvenile court or 4 46 court. 4 47 12. Any investigation and report required under 4 48 subsection 1 of this section may be waived by the 4 49 juvenile court or court if the adoption petitioner is 4 50 related within the fourth degree of consanguinity to 5 1 the person to be adopted. 5 2 Sec. 112. Section 600.9, subsection 2, unnumbered 5 3 paragraph 1, Code 1997, is amended to read as follows: 5 4 An adoption petitioner of a minor person shall file 5 5 with the juvenile court or court, prior to the 5 6 adoption hearing, a full accounting of all 5 7 disbursements of any thing of value paid or agreed to 5 8 be paid by or on behalf of the petitioner in 5 9 connection with the petitioned adoption. This 5 10 accounting shall be made by a report prescribed by the 5 11 juvenile court or court and shall be signed and 5 12 verified by the petitioner. Only expenses incurred in 5 13 connection with the following and any other expenses 5 14 approved by the juvenile court or court are allowable: 5 15 Sec. 113. Section 600.10, Code 1997, is amended to 5 16 read as follows: 5 17 600.10 MINIMUM RESIDENCE OF A MINOR CHILD. 5 18 The adoption of a minor person shall not be decreed 5 19 until that person has lived with the adoption 5 20 petitioner for a minimum residence period of one 5 21 hundred eighty days. However, the juvenile court or 5 22 court may waive this period if the adoption petitioner 5 23 is a stepparent or related to the minor person within 5 24 the fourth degree of consanguinity or may shorten this 5 25 period upon good cause shown when the juvenile court 5 26 or court is satisfied that the adoption petitioner and 5 27 the person to be adopted are suited to each other. 5 28 Sec. 114. Section 600.11, subsections 1 and 3, 5 29 Code 1997, are amended to read as follows: 5 30 1. The juvenile court or court shall set the time 5 31 and place of the adoption hearing prescribed in 5 32 section 600.12 upon application of the petitioner. 5 33 The juvenile court or court may continue the adoption 5 34 hearing if the notice prescribed in subsections 2 and 5 35 3 is given, except that such notice shall only be 5 36 given at least ten days prior to the date which has 5 37 been set for the continuation of the adoption hearing. 5 38 3. A notice of the adoption hearing shall state 5 39 the time, place, and purpose of the hearing and shall 5 40 be served in accordance with rule of civil procedure 5 41 56.1. Proof of the giving of notice shall be filed 5 42 with the juvenile court or court prior to the adoption 5 43 hearing. Acceptance of service by the party being 5 44 given notice shall satisfy the requirements of this 5 45 subsection. 5 46 Sec. 115. Section 600.12, subsections 2 and 3, 5 47 Code 1997, are amended to read as follows: 5 48 2. Only those persons notified under section 5 49 600.11 and their witnesses and legal counsel or 5 50 persons requested by the juvenile court or court to be 6 1 present shall be admitted to the court chambers while 6 2 an adoption hearing is being conducted. The adoption 6 3 petitioner and the person to be adopted shall be 6 4 present at the hearing, unless the presence of either 6 5 is excused by the juvenile court or court. 6 6 3. Any person admitted to the hearing shall be 6 7 heard and allowed to present evidence upon request and 6 8 according to the manner in which the juvenile court or 6 9 court conducts the hearing. 6 10 Sec. 116. Section 600.13, subsections 1, 2, 3, 5, 6 11 and 6, Code 1997, are amended to read as follows: 6 12 1. At the conclusion of the adoption hearing, the 6 13 juvenile court or court shall: 6 14 a. Issue a final adoption decree; 6 15 b. Issue an interlocutory adoption decree; or, 6 16 c. Dismiss the adoption petition if the 6 17 requirements of this Act have not been met or if 6 18 dismissal of the adoption petition is in the best 6 19 interest of the person whose adoption has been 6 20 petitioned. Upon dismissal, the juvenile court or 6 21 court shall determine who is to be guardian or 6 22 custodian of a minor child, including the adoption 6 23 petitioner if it is in the best interest of the minor 6 24 person whose adoption has been petitioned. 6 25 2. An interlocutory adoption decree automatically 6 26 becomes a final adoption decree at a date specified by 6 27 the juvenile court or court in the interlocutory 6 28 adoption decree, which date shall not be less than one 6 29 hundred eighty days nor more than three hundred sixty 6 30 days from the date the interlocutory decree is issued. 6 31 However, an interlocutory adoption decree may be 6 32 vacated prior to the date specified for it to become 6 33 final. Also, the juvenile court or court may provide 6 34 in the interlocutory adoption decree for further 6 35 observation, investigation, and report of the 6 36 conditions of and the relationships between the 6 37 adoption petitioner and the person petitioned to be 6 38 adopted. 6 39 3. If an interlocutory adoption decree is vacated 6 40 under subsection 2, it shall be void from the date of 6 41 issuance and the rights, duties, and liabilities of 6 42 all persons affected by it shall, unless they have 6 43 become vested, be governed accordingly. Upon vacation 6 44 of an interlocutory adoption decree, the juvenile 6 45 court or court shall proceed under the provisions of 6 46 subsection 1, paragraph "c". 6 47 5. An interlocutory or a final adoption decree 6 48 shall be entered with the clerk ofthecourt. Such 6 49 decree shall set forth any facts of the adoption 6 50 petition which have been proven to the satisfaction of 7 1 the juvenile court or court and any other facts 7 2 considered to be relevant by the juvenile court or 7 3 court and shall grant the adoption petition. If so 7 4 designated in the adoption decree, the name of the 7 5 adopted person shall be changed by issuance of that 7 6 decree. The clerk of the court shall, within thirty 7 7 days of issuance, deliver one certified copy of any 7 8 adoption decree to the petitioner, one copy of any 7 9 adoption decree to the department and any agency or 7 10 person making an independent placement who placed a 7 11 minor person for adoption, and one certification of 7 12 adoption as prescribed in section 144.19 to the state 7 13 registrar of vital statistics. Upon receipt of the 7 14 certification, the state registrar shall prepare a new 7 15 birth certificate pursuant to section 144.23 and 7 16 deliver to the parents named in the decree and any 7 17 adult person adopted by the decree a copy of the new 7 18 birth certificate. The parents shall pay the fee 7 19 prescribed in section 144.46. If the person adopted 7 20 was born outside the state, the state registrar shall 7 21 forward the certification of adoption to the 7 22 appropriate agency in the state or foreign nation of 7 23 birth. A copy of any interlocutory adoption decree 7 24 vacation shall be delivered and another birth 7 25 certificate shall be prepared in the same manner as a 7 26 certification of adoption is delivered and the birth 7 27 certificate was originally prepared. 7 28 6. The clerk ofthe districtcourt shall attach to 7 29 the certified copy of the decree delivered to the 7 30 department, a copy of the adoption information form 7 31 required to be attached to the adoption petition under 7 32 section 600.6, subsection 5. 7 33 Sec. 117. Section 600.15, subsection 1, paragraphs 7 34 a and b, Code 1997, are amended to read as follows: 7 35 a. A decree establishing a parent-child 7 36 relationship by adoption which is issued pursuant to 7 37 due process of law by a juvenile court or court of any 7 38 other jurisdiction in the United States shall be 7 39 recognized in this state. 7 40 b. A decree terminating a parent-child 7 41 relationship which is issued pursuant to due process 7 42 of law by a juvenile court or court of any other 7 43 jurisdiction in the United States shall be recognized 7 44 in this state. 7 45 Sec. 118. Section 600.16A, subsection 2, 7 46 paragraphs b and c, Code 1997, are amended to read as 7 47 follows: 7 48 b. The juvenile court or court, for good cause, 7 49 shall order the opening of the permanent adoption 7 50 record of the juvenile court or court for the adopted 8 1 person who is an adult and reveal the names of either 8 2 or both of the biological parents following 8 3 consideration of both of the following: 8 4 (1) A biological parent may file an affidavit 8 5 requesting that the juvenile court or court reveal or 8 6 not reveal the parent's identity. The juvenile court 8 7 or court shall consider any such affidavit in 8 8 determining whether there is good cause to order 8 9 opening of the records. To facilitate the biological 8 10 parents in filing an affidavit, the department shall, 8 11 upon request of a biological parent, provide the 8 12 biological parent with an adoption information packet 8 13 containing an affidavit for completion and filing with 8 14 the juvenile court or court. 8 15 (2) If the adopted person who applies for 8 16 revelation of the biological parents' identity has a 8 17 sibling who is a minor and who has been adopted by the 8 18 same parents, the juvenile court or court may deny the 8 19 application on the grounds that revelation to the 8 20 applicant may also indirectly and harmfully permit the 8 21 same revelation to the applicant's minor sibling. 8 22 c. A biological sibling of an adopted person may 8 23 file or may request that the department file an 8 24 affidavit in the juvenile court or court in which the 8 25 adopted person's adoption records have been sealed 8 26 requesting that the juvenile court or court reveal or 8 27 not reveal the sibling's name to the adopted person. 8 28 The juvenile court or court shall consider any such 8 29 affidavit in determining whether there is good cause 8 30 to order opening of the records upon application for 8 31 revelation by the adopted person. However, the name 8 32 of the biological sibling shall not be revealed until 8 33 the biological sibling has attained majority. 8 34 Sec. 119. Section 600.16A, subsection 3, paragraph 8 35 b, unnumbered paragraph 3, Code 1997, is amended to 8 36 read as follows: 8 37 Notwithstanding the provisions of this subsection, 8 38 if the adult adopted person has a sibling who is a 8 39 minor and who has also been adopted by the same 8 40 parents, the department, the clerk of court, or the 8 41 agency which made the placement may deny the request 8 42 of either the adult adopted person or the biological 8 43 parent to open the adoption records and to reveal the 8 44 identities of the parties pending determination by the 8 45 juvenile court or court that there is good cause to 8 46 open the records pursuant to subsection 2. 8 47 Sec. 120. Section 600.16A, subsection 4, Code 8 48 1997, is amended to read as follows: 8 49 4. An adopted person whose adoption became final 8 50 prior to July 4, 1941, and whose adoption record was 9 1 not required to be sealed at the time when the 9 2 adoption record was completed, shall not be required 9 3 to show good cause for an order opening the adoption 9 4 record under this subsection, provided that the 9 5 juvenile court or court shall consider any affidavit 9 6 filed under this subsection. 9 7 Sec. 121. Section 600.18, unnumbered paragraph 1, 9 8 Code 1997, is amended to read as follows: 9 9 Any prospective adoptive parent desiring financial 9 10 assistance shall state this fact in the petition for 9 11 adoption. The department of human services shall 9 12 investigate the person petitioning for adoption and 9 13 the child and shall file with the juvenile court or 9 14 court a statement of whether the department will 9 15 provide assistance as provided in sections 600.17 to 9 16 600.22, the estimated amount, extent, and duration of 9 17 assistance, and any other information the juvenile 9 18 court or court may order. 9 19 Sec. 122. Section 602.8102, subsections 42 and 43, 9 20 Code Supplement 1997, are amended to read as follows: 9 21 42. Serve as clerk of the juvenile court and carry 9 22 out duties as provided in chapter 232 and article 7 of 9 23 this chapter. 9 24 43. Submit to the director of the division of 9 25 child and family services of the department of human 9 26 services a duplicate of the findings of thedistrict9 27 court related to adoptions as provided in section 9 28 235.3, subsection 7." 9 29 #2. Page 4, line 35, by striking the words "of 9 30 the" and inserting the following: "of sections 1 9 31 through 7". 9 32 #3. Page 5, line 1, by striking the word 9 33 "provisions". 9 34 #4. Title page, line 1, by striking the words "to 9 35 provide" and inserting the following: "relating to 9 36 certain court procedures by extending the jurisdiction 9 37 of the juvenile court to include adoption and 9 38 termination of parental rights proceedings and by 9 39 providing". 9 40 #5. By renumbering as necessary. 9 41 9 42 9 43 9 44 KREIMAN of Davis 9 45 SF 2384.201 77 9 46 lh/jl/28
Text: H08618 Text: H08620 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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