Text: H08619 Text: H08621 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2387, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Section 1. 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. . 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. . 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. . 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. . 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. . 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. . 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. . 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. . 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 #2. Page 1, by inserting after line 23 the 3 23 following: 3 24 "Sec. . Section 600.8, subsection 2, paragraph 3 25 a, Code 1997, is amended to read as follows: 3 26 a. A preplacement investigation and report of the 3 27 investigation shall be completed and the prospective 3 28 adoption petitioner approved for a placement by the 3 29 person making the investigation prior to any agency or 3 30 independent placement of a minor person in the 3 31 petitioner's home in anticipation of an ensuing 3 32 adoption. A report of a preplacement investigation 3 33 that has approved a prospective adoption petitioner 3 34 for a placement shall not authorize placement of a 3 35 minor person with that petitioner after one year from 3 36 the date of the report's issuance. However, if the 3 37 prospective adoption petitioner is a relative within 3 38 the fourth degree of consanguinity who has assumed 3 39 custody of a minor person to be adopted, a 3 40 preplacement investigation of this petitioner and a 3 41 report of the investigation may be completed at a time 3 42 established by the juvenile court or court or may be 3 43 waived as provided in subsection 12." 3 44 #3. Page 1, line 29, by inserting before the word 3 45 "court" the following: "juvenile court or". 3 46 #4. Page 1, line 32, by inserting before the word 3 47 "court" the following: "juvenile court or". 3 48 #5. Page 2, lines 6 and 7, by striking the words 3 49 ", including a juvenile court," and inserting the 3 50 following: ", including a juvenile court,". 4 1 #6. Page 2, by inserting after line 12 the 4 2 following: 4 3 "Sec. ___. Section 600.8, subsections 7, 8, 9, and 4 4 12, Code 1997, are amended to read as follows: 4 5 7. Any investigation or report required under this 4 6 section shall not apply when the person to be adopted 4 7 is an adult or when the prospective adoption 4 8 petitioner or adoption petitioner is a stepparent of 4 9 the person to be adopted. However, in the case of a 4 10 stepparent adoption, the juvenile court or court, upon 4 11 the request of an interested person or on its own 4 12 motion stating the reasons therefor of record, may 4 13 order an investigation or report pursuant to this 4 14 section. 4 15 8. Any person designated to make an investigation 4 16 and report under this section may request an agency or 4 17 state agency, within or outside this state, to conduct 4 18 a portion of the investigation or the report, as may 4 19 be appropriate, and to file a supplemental report of 4 20 such investigation or report with the juvenile court 4 21 or court. In the case of the adoption of a minor 4 22 person by a person domiciled or residing in any other 4 23 jurisdiction of the United States, any investigation 4 24 or report required under this section which has been 4 25 conducted pursuant to the standards of that other 4 26 jurisdiction shall be recognized in this state. 4 27 9. The department may investigate, on its own 4 28 initiative or on order of the juvenile court or court, 4 29 any placement made or adoption petition filed under 4 30 this chapter or chapter 600A and may report its 4 31 resulting recommendation to the juvenile court or 4 32 court. 4 33 12. Any investigation and report required under 4 34 subsection 1 of this section may be waived by the 4 35 juvenile court or court if the adoption petitioner is 4 36 related within the fourth degree of consanguinity to 4 37 the person to be adopted. 4 38 Sec. . Section 600.9, subsection 2, unnumbered 4 39 paragraph 1, Code 1997, is amended to read as follows: 4 40 An adoption petitioner of a minor person shall file 4 41 with the juvenile court or court, prior to the 4 42 adoption hearing, a full accounting of all 4 43 disbursements of any thing of value paid or agreed to 4 44 be paid by or on behalf of the petitioner in 4 45 connection with the petitioned adoption. This 4 46 accounting shall be made by a report prescribed by the 4 47 juvenile court or court and shall be signed and 4 48 verified by the petitioner. Only expenses incurred in 4 49 connection with the following and any other expenses 4 50 approved by the juvenile court or court are 5 1 allowable:" 5 2 #7. Page 2, by inserting after line 20 the 5 3 following: 5 4 "Sec. . Section 600.10, Code 1997, is amended 5 5 to read as follows: 5 6 600.10 MINIMUM RESIDENCE OF A MINOR CHILD. 5 7 The adoption of a minor person shall not be decreed 5 8 until that person has lived with the adoption 5 9 petitioner for a minimum residence period of one 5 10 hundred eighty days. However, the juvenile court or 5 11 court may waive this period if the adoption petitioner 5 12 is a stepparent or related to the minor person within 5 13 the fourth degree of consanguinity or may shorten this 5 14 period upon good cause shown when the juvenile court 5 15 or court is satisfied that the adoption petitioner and 5 16 the person to be adopted are suited to each other. 5 17 Sec. . Section 600.11, subsections 1 and 3, 5 18 Code 1997, are amended to read as follows: 5 19 1. The juvenile court or court shall set the time 5 20 and place of the adoption hearing prescribed in 5 21 section 600.12 upon application of the petitioner. 5 22 The juvenile court or court may continue the adoption 5 23 hearing if the notice prescribed in subsections 2 and 5 24 3 is given, except that such notice shall only be 5 25 given at least ten days prior to the date which has 5 26 been set for the continuation of the adoption hearing. 5 27 3. A notice of the adoption hearing shall state 5 28 the time, place, and purpose of the hearing and shall 5 29 be served in accordance with rule of civil procedure 5 30 56.1. Proof of the giving of notice shall be filed 5 31 with the juvenile court or court prior to the adoption 5 32 hearing. Acceptance of service by the party being 5 33 given notice shall satisfy the requirements of this 5 34 subsection. 5 35 Sec. . Section 600.12, subsections 2 and 3, 5 36 Code 1997, are amended to read as follows: 5 37 2. Only those persons notified under section 5 38 600.11 and their witnesses and legal counsel or 5 39 persons requested by the juvenile court or court to be 5 40 present shall be admitted to the court chambers while 5 41 an adoption hearing is being conducted. The adoption 5 42 petitioner and the person to be adopted shall be 5 43 present at the hearing, unless the presence of either 5 44 is excused by the juvenile court or court. 5 45 3. Any person admitted to the hearing shall be 5 46 heard and allowed to present evidence upon request and 5 47 according to the manner in which the juvenile court or 5 48 court conducts the hearing. 5 49 Sec. . Section 600.13, subsections 1, 2, 3, 5, 5 50 and 6, Code 1997, are amended to read as follows: 6 1 1. At the conclusion of the adoption hearing, the 6 2 juvenile court or court shall: 6 3 a. Issue a final adoption decree; 6 4 b. Issue an interlocutory adoption decree; or, 6 5 c. Dismiss the adoption petition if the 6 6 requirements of this Act have not been met or if 6 7 dismissal of the adoption petition is in the best 6 8 interest of the person whose adoption has been 6 9 petitioned. Upon dismissal, the juvenile court or 6 10 court shall determine who is to be guardian or 6 11 custodian of a minor child, including the adoption 6 12 petitioner if it is in the best interest of the minor 6 13 person whose adoption has been petitioned. 6 14 2. An interlocutory adoption decree automatically 6 15 becomes a final adoption decree at a date specified by 6 16 the juvenile court or court in the interlocutory 6 17 adoption decree, which date shall not be less than one 6 18 hundred eighty days nor more than three hundred sixty 6 19 days from the date the interlocutory decree is issued. 6 20 However, an interlocutory adoption decree may be 6 21 vacated prior to the date specified for it to become 6 22 final. Also, the juvenile court or court may provide 6 23 in the interlocutory adoption decree for further 6 24 observation, investigation, and report of the 6 25 conditions of and the relationships between the 6 26 adoption petitioner and the person petitioned to be 6 27 adopted. 6 28 3. If an interlocutory adoption decree is vacated 6 29 under subsection 2, it shall be void from the date of 6 30 issuance and the rights, duties, and liabilities of 6 31 all persons affected by it shall, unless they have 6 32 become vested, be governed accordingly. Upon vacation 6 33 of an interlocutory adoption decree, the juvenile 6 34 court or court shall proceed under the provisions of 6 35 subsection 1, paragraph "c". 6 36 5. An interlocutory or a final adoption decree 6 37 shall be entered with the clerk ofthecourt. Such 6 38 decree shall set forth any facts of the adoption 6 39 petition which have been proven to the satisfaction of 6 40 the juvenile court or court and any other facts 6 41 considered to be relevant by the juvenile court or 6 42 court and shall grant the adoption petition. If so 6 43 designated in the adoption decree, the name of the 6 44 adopted person shall be changed by issuance of that 6 45 decree. The clerk of the court shall, within thirty 6 46 days of issuance, deliver one certified copy of any 6 47 adoption decree to the petitioner, one copy of any 6 48 adoption decree to the department and any agency or 6 49 person making an independent placement who placed a 6 50 minor person for adoption, and one certification of 7 1 adoption as prescribed in section 144.19 to the state 7 2 registrar of vital statistics. Upon receipt of the 7 3 certification, the state registrar shall prepare a new 7 4 birth certificate pursuant to section 144.23 and 7 5 deliver to the parents named in the decree and any 7 6 adult person adopted by the decree a copy of the new 7 7 birth certificate. The parents shall pay the fee 7 8 prescribed in section 144.46. If the person adopted 7 9 was born outside the state, the state registrar shall 7 10 forward the certification of adoption to the 7 11 appropriate agency in the state or foreign nation of 7 12 birth. A copy of any interlocutory adoption decree 7 13 vacation shall be delivered and another birth 7 14 certificate shall be prepared in the same manner as a 7 15 certification of adoption is delivered and the birth 7 16 certificate was originally prepared. 7 17 6. The clerk ofthe districtcourt shall attach to 7 18 the certified copy of the decree delivered to the 7 19 department, a copy of the adoption information form 7 20 required to be attached to the adoption petition under 7 21 section 600.6, subsection 5. 7 22 Sec. . Section 600.15, subsection 1, paragraphs 7 23 a and b, Code 1997, are amended to read as follows: 7 24 a. A decree establishing a parent-child 7 25 relationship by adoption which is issued pursuant to 7 26 due process of law by a juvenile court or court of any 7 27 other jurisdiction in the United States shall be 7 28 recognized in this state. 7 29 b. A decree terminating a parent-child 7 30 relationship which is issued pursuant to due process 7 31 of law by a juvenile court or court of any other 7 32 jurisdiction in the United States shall be recognized 7 33 in this state." 7 34 #8. Page 2, by inserting after line 27 the 7 35 following: 7 36 "Sec. . Section 600.16A, subsection 2, 7 37 paragraphs b and c, Code 1997, are amended to read as 7 38 follows: 7 39 b. The juvenile court or court, for good cause, 7 40 shall order the opening of the permanent adoption 7 41 record of the juvenile court or court for the adopted 7 42 person who is an adult and reveal the names of either 7 43 or both of the biological parents following 7 44 consideration of both of the following: 7 45 (1) A biological parent may file an affidavit 7 46 requesting that the juvenile court or court reveal or 7 47 not reveal the parent's identity. The juvenile court 7 48 or court shall consider any such affidavit in 7 49 determining whether there is good cause to order 7 50 opening of the records. To facilitate the biological 8 1 parents in filing an affidavit, the department shall, 8 2 upon request of a biological parent, provide the 8 3 biological parent with an adoption information packet 8 4 containing an affidavit for completion and filing with 8 5 the juvenile court or court. 8 6 (2) If the adopted person who applies for 8 7 revelation of the biological parents' identity has a 8 8 sibling who is a minor and who has been adopted by the 8 9 same parents, the juvenile court or court may deny the 8 10 application on the grounds that revelation to the 8 11 applicant may also indirectly and harmfully permit the 8 12 same revelation to the applicant's minor sibling. 8 13 c. A biological sibling of an adopted person may 8 14 file or may request that the department file an 8 15 affidavit in the juvenile court or court in which the 8 16 adopted person's adoption records have been sealed 8 17 requesting that the juvenile court or court reveal or 8 18 not reveal the sibling's name to the adopted person. 8 19 The juvenile court or court shall consider any such 8 20 affidavit in determining whether there is good cause 8 21 to order opening of the records upon application for 8 22 revelation by the adopted person. However, the name 8 23 of the biological sibling shall not be revealed until 8 24 the biological sibling has attained majority. 8 25 Sec. . Section 600.16A, subsection 3, paragraph 8 26 b, unnumbered paragraph 3, Code 1997, is amended to 8 27 read as follows: 8 28 Notwithstanding the provisions of this subsection, 8 29 if the adult adopted person has a sibling who is a 8 30 minor and who has also been adopted by the same 8 31 parents, the department, the clerk of court, or the 8 32 agency which made the placement may deny the request 8 33 of either the adult adopted person or the biological 8 34 parent to open the adoption records and to reveal the 8 35 identities of the parties pending determination by the 8 36 juvenile court or court that there is good cause to 8 37 open the records pursuant to subsection 2. 8 38 Sec. . Section 600.16A, subsection 4, Code 8 39 1997, is amended to read as follows: 8 40 4. An adopted person whose adoption became final 8 41 prior to July 4, 1941, and whose adoption record was 8 42 not required to be sealed at the time when the 8 43 adoption record was completed, shall not be required 8 44 to show good cause for an order opening the adoption 8 45 record under this subsection, provided that the 8 46 juvenile court or court shall consider any affidavit 8 47 filed under this subsection. 8 48 Sec. . Section 600.18, unnumbered paragraph 1, 8 49 Code 1997, is amended to read as follows: 8 50 Any prospective adoptive parent desiring financial 9 1 assistance shall state this fact in the petition for 9 2 adoption. The department of human services shall 9 3 investigate the person petitioning for adoption and 9 4 the child and shall file with the juvenile court or 9 5 court a statement of whether the department will 9 6 provide assistance as provided in sections 600.17 to 9 7 600.22, the estimated amount, extent, and duration of 9 8 assistance, and any other information the juvenile 9 9 court or court may order." 9 10 #9. Page 4, by inserting after line 7 the 9 11 following: 9 12 "Sec. . Section 602.8102, subsections 42 and 9 13 43, Code Supplement 1997, are amended to read as 9 14 follows: 9 15 42. Serve as clerk of the juvenile court and carry 9 16 out duties as provided in chapter 232 and article 7 of 9 17 this chapter. 9 18 43. Submit to the director of the division of 9 19 child and family services of the department of human 9 20 services a duplicate of the findings of thedistrict9 21 court related to adoptions as provided in section 9 22 235.3, subsection 7." 9 23 #10. Title page, line 2, by inserting after the 9 24 words "related to" the following: "jurisdiction,". 9 25 #11. By renumbering as necessary. 9 26 9 27 9 28 9 29 KREIMAN of Davis 9 30 SF 2387.303 77 9 31 lh/cf/28
Text: H08619 Text: H08621 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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