Text: H09193                            Text: H09195
Text: H09100 - H09199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 9194

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-5550, to Senate File
  1  2 2387, as passed by the Senate, as follows:
  1  3    #1.  Page 1, by inserting after line 2 the
  1  4 following:
  1  5    "#   .  Page 1, by inserting before line 1 the
  1  6 following:
  1  7    "Section 1.  NEW SECTION.  232.6  JURISDICTION –
  1  8 ADOPTIONS AND TERMINATIONS OF PARENTAL RIGHTS.
  1  9    The court may exercise jurisdiction over adoption
  1 10 and termination of parental rights proceedings under
  1 11 chapters 600 and 600A.
  1 12    Sec.    .  Section 600.1, Code 1997, is amended to
  1 13 read as follows:
  1 14    600.1  CONSTRUCTION.
  1 15    This chapter shall be construed liberally.  The
  1 16 best interest of the person to be adopted shall be the
  1 17 paramount consideration in interpreting this chapter.
  1 18 However, the interests of the adopting parents shall
  1 19 be given due consideration in this interpretation.
  1 20 However, in determining the best interest of the
  1 21 person to be adopted and the interests of the adopting
  1 22 parents, any evidence of interests relating to a
  1 23 period of time during which the person to be adopted
  1 24 is placed with prospective adoptive parents and during
  1 25 which the placement is not in compliance with the law,
  1 26 adoption procedures, or any action by the juvenile
  1 27 court or court, shall not be considered in the
  1 28 determination.
  1 29    Sec.    .  Section 600.3, Code 1997, is amended to
  1 30 read as follows:
  1 31    600.3  COMMENCEMENT OF ADOPTION ACTION –
  1 32 JURISDICTION – FORUM NON CONVENIENS.
  1 33    1.  An action for the adoption of any natural
  1 34 person shall be commenced by the filing of an adoption
  1 35 petition, as prescribed in section 600.5, in the
  1 36 juvenile court or court of the county in which an
  1 37 adult person to be adopted is domiciled or resides, or
  1 38 in the juvenile court or court of the county in which
  1 39 the guardian of a minor person to be adopted or the
  1 40 petitioner is domiciled or resides.
  1 41    2.  An adoption petition shall not be filed until a
  1 42 termination of parental rights has been accomplished
  1 43 except in the following cases:
  1 44    a.  No termination of parental rights is required
  1 45 if the person to be adopted is an adult.
  1 46    b.  If the stepparent of the child to be adopted is
  1 47 the adoption petitioner, the parent-child relationship
  1 48 between the child and the parent who is not the spouse
  1 49 of the petitioner may be terminated as part of the
  1 50 adoption proceeding by the filing of that parent's
  2  1 consent to the adoption.
  2  2    For the purposes of this subsection, a consent to
  2  3 adopt recognized by the juvenile courts or courts of
  2  4 another jurisdiction in the United States and obtained
  2  5 from a resident of that jurisdiction shall be accepted
  2  6 in this state in lieu of a termination of parental
  2  7 rights proceeding.
  2  8    Any adoption proceeding pending on or completed
  2  9 prior to July 1, 1978, is hereby legalized and
  2 10 validated to the extent that it is consistent with
  2 11 this subsection.
  2 12    3.  If upon filing of the adoption petition or at
  2 13 any later time in the adoption action the juvenile
  2 14 court or court finds that in the interest of
  2 15 substantial justice the adoption action should be
  2 16 conducted in another juvenile court or court, it may
  2 17 transfer, stay, or dismiss the adoption action on any
  2 18 conditions that are just.
  2 19    Sec.    .  Section 600.4, subsection 3, paragraph
  2 20 c, Code 1997, is amended to read as follows:
  2 21    c.  Is unable to petition with the other spouse
  2 22 because of the prolonged and unexplained absence,
  2 23 unavailability, or incapacity of the other spouse, or
  2 24 because of an unreasonable withholding of joinder by
  2 25 the other spouse, as determined by the juvenile court
  2 26 or court under section 600.5, subsection 7.
  2 27    Sec.    .  Section 600.5, unnumbered paragraph 1,
  2 28 Code 1997, is amended to read as follows:
  2 29    An adoption petition shall be signed and verified
  2 30 by the petitioner, shall be filed with the juvenile
  2 31 court or court designated in section 600.3, and shall
  2 32 state:
  2 33    Sec.    .  Section 600.5, subsection 7, Code 1997,
  2 34 is amended to read as follows:
  2 35    7.  A designation of the particular provision in
  2 36 section 600.4 under which the petitioner is qualified
  2 37 to adopt and, if under section 600.4, subsection 3,
  2 38 paragraph "c", a request that the juvenile court or
  2 39 court approve the petitioner's qualification to adopt.
  2 40    Sec.    .  Section 600.7, subsection 1, unnumbered
  2 41 paragraph 1, Code 1997, is amended to read as follows:
  2 42    An adoption petition shall not be granted unless
  2 43 the following persons consent to the adoption or
  2 44 unless the juvenile court or court makes a
  2 45 determination under subsection 4:
  2 46    Sec.    .  Section 600.7, subsection 2, paragraphs
  2 47 a and b, Code 1997, are amended to read as follows:
  2 48    a.  If by any minor person to be adopted who is
  2 49 fourteen years of age or older, in the presence of the
  2 50 juvenile court or court in which the adoption petition
  3  1 is filed.
  3  2    b.  If by any other person, either in the presence
  3  3 of the juvenile court or court in which the adoption
  3  4 petition is filed or before a notary public.
  3  5    Sec.    .  Section 600.7, subsections 3 and 4, Code
  3  6 1997, are amended to read as follows:
  3  7    3.  A consent to the adoption may be withdrawn
  3  8 prior to the issuance of an adoption decree under
  3  9 section 600.13 by the filing of an affidavit of
  3 10 consent withdrawal with the juvenile court or court.
  3 11 Such affidavit shall be treated in the same manner as
  3 12 an attached verified statement is treated under
  3 13 subsection 4.
  3 14    4.  If any person required to consent under this
  3 15 section refuses to or cannot be located to give
  3 16 consent, the petitioner may attach to the petition a
  3 17 verified statement of such refusal or lack of
  3 18 location.  The juvenile court or court shall then
  3 19 determine, at the adoption hearing prescribed in
  3 20 section 600.12, whether, in the best interests of the
  3 21 person to be adopted and the petitioner, any
  3 22 particular consent shall be unnecessary to the
  3 23 granting of an adoption petition."
  3 24    #   .  Page 1, by inserting after line 23 the
  3 25 following:
  3 26    "Sec.    .  Section 600.8, subsection 2, paragraph
  3 27 a, Code 1997, is amended to read as follows:
  3 28    a.  A preplacement investigation and report of the
  3 29 investigation shall be completed and the prospective
  3 30 adoption petitioner approved for a placement by the
  3 31 person making the investigation prior to any agency or
  3 32 independent placement of a minor person in the
  3 33 petitioner's home in anticipation of an ensuing
  3 34 adoption.  A report of a preplacement investigation
  3 35 that has approved a prospective adoption petitioner
  3 36 for a placement shall not authorize placement of a
  3 37 minor person with that petitioner after one year from
  3 38 the date of the report's issuance.  However, if the
  3 39 prospective adoption petitioner is a relative within
  3 40 the fourth degree of consanguinity who has assumed
  3 41 custody of a minor person to be adopted, a
  3 42 preplacement investigation of this petitioner and a
  3 43 report of the investigation may be completed at a time
  3 44 established by the juvenile court or court or may be
  3 45 waived as provided in subsection 12."
  3 46    #   .  Page 1, line 29, by inserting before the
  3 47 word "court" the following:  "juvenile court or".
  3 48    #   .  Page 1, line 32, by inserting before the
  3 49 word "court" the following:  "juvenile court or".
  3 50    #   .  Page 2, lines 6 and 7, by striking the words
  4  1 ", including a juvenile court," and inserting the
  4  2 following:  ", including a juvenile court,".
  4  3    #   .  Page 2, by inserting after line 12 the
  4  4 following:
  4  5    "Sec. ___.  Section 600.8, subsections 7, 8, 9, and
  4  6 12, Code 1997, are amended to read as follows:
  4  7    7.  Any investigation or report required under this
  4  8 section shall not apply when the person to be adopted
  4  9 is an adult or when the prospective adoption
  4 10 petitioner or adoption petitioner is a stepparent of
  4 11 the person to be adopted.  However, in the case of a
  4 12 stepparent adoption, the juvenile court or court, upon
  4 13 the request of an interested person or on its own
  4 14 motion stating the reasons therefor of record, may
  4 15 order an investigation or report pursuant to this
  4 16 section.
  4 17    8.  Any person designated to make an investigation
  4 18 and report under this section may request an agency or
  4 19 state agency, within or outside this state, to conduct
  4 20 a portion of the investigation or the report, as may
  4 21 be appropriate, and to file a supplemental report of
  4 22 such investigation or report with the juvenile court
  4 23 or court.  In the case of the adoption of a minor
  4 24 person by a person domiciled or residing in any other
  4 25 jurisdiction of the United States, any investigation
  4 26 or report required under this section which has been
  4 27 conducted pursuant to the standards of that other
  4 28 jurisdiction shall be recognized in this state.
  4 29    9.  The department may investigate, on its own
  4 30 initiative or on order of the juvenile court or court,
  4 31 any placement made or adoption petition filed under
  4 32 this chapter or chapter 600A and may report its
  4 33 resulting recommendation to the juvenile court or
  4 34 court.
  4 35    12.  Any investigation and report required under
  4 36 subsection 1 of this section may be waived by the
  4 37 juvenile court or court if the adoption petitioner is
  4 38 related within the fourth degree of consanguinity to
  4 39 the person to be adopted.
  4 40    Sec.    .  Section 600.9, subsection 2, unnumbered
  4 41 paragraph 1, Code 1997, is amended to read as follows:
  4 42    An adoption petitioner of a minor person shall file
  4 43 with the juvenile court or court, prior to the
  4 44 adoption hearing, a full accounting of all
  4 45 disbursements of any thing of value paid or agreed to
  4 46 be paid by or on behalf of the petitioner in
  4 47 connection with the petitioned adoption.  This
  4 48 accounting shall be made by a report prescribed by the
  4 49 juvenile court or court and shall be signed and
  4 50 verified by the petitioner.  Only expenses incurred in
  5  1 connection with the following and any other expenses
  5  2 approved by the juvenile court or court are
  5  3 allowable:""
  5  4    #2.  Page 1, by inserting after line 2 the
  5  5 following:
  5  6    "#   .  Page 1, line 32, by striking the words "the
  5  7 department, an agency, or" and inserting the
  5  8 following:  "the department, an agency, or".
  5  9    #3.  Page 1, by inserting after line 4 the
  5 10 following:
  5 11    ""Sec.    .  Section 600.10, Code 1997, is amended
  5 12 to read as follows:
  5 13    600.10  MINIMUM RESIDENCE OF A MINOR CHILD.
  5 14    The adoption of a minor person shall not be decreed
  5 15 until that person has lived with the adoption
  5 16 petitioner for a minimum residence period of one
  5 17 hundred eighty days.  However, the juvenile court or
  5 18 court may waive this period if the adoption petitioner
  5 19 is a stepparent or related to the minor person within
  5 20 the fourth degree of consanguinity or may shorten this
  5 21 period upon good cause shown when the juvenile court
  5 22 or court is satisfied that the adoption petitioner and
  5 23 the person to be adopted are suited to each other.
  5 24    Sec.    .  Section 600.11, subsections 1 and 3,
  5 25 Code 1997, are amended to read as follows:
  5 26    1.  The juvenile court or court shall set the time
  5 27 and place of the adoption hearing prescribed in
  5 28 section 600.12 upon application of the petitioner.
  5 29 The juvenile court or court may continue the adoption
  5 30 hearing if the notice prescribed in subsections 2 and
  5 31 3 is given, except that such notice shall only be
  5 32 given at least ten days prior to the date which has
  5 33 been set for the continuation of the adoption hearing.
  5 34    3.  A notice of the adoption hearing shall state
  5 35 the time, place, and purpose of the hearing and shall
  5 36 be served in accordance with rule of civil procedure
  5 37 56.1.  Proof of the giving of notice shall be filed
  5 38 with the juvenile court or court prior to the adoption
  5 39 hearing.  Acceptance of service by the party being
  5 40 given notice shall satisfy the requirements of this
  5 41 subsection.
  5 42    Sec.    .  Section 600.12, subsections 2 and 3,
  5 43 Code 1997, are amended to read as follows:
  5 44    2.  Only those persons notified under section
  5 45 600.11 and their witnesses and legal counsel or
  5 46 persons requested by the juvenile court or court to be
  5 47 present shall be admitted to the court chambers while
  5 48 an adoption hearing is being conducted.  The adoption
  5 49 petitioner and the person to be adopted shall be
  5 50 present at the hearing, unless the presence of either
  6  1 is excused by the juvenile court or court.
  6  2    3.  Any person admitted to the hearing shall be
  6  3 heard and allowed to present evidence upon request and
  6  4 according to the manner in which the juvenile court or
  6  5 court conducts the hearing.
  6  6    Sec.    .  Section 600.13, subsections 1, 2, 3, 5,
  6  7 and 6, Code 1997, are amended to read as follows:
  6  8    1.  At the conclusion of the adoption hearing, the
  6  9 juvenile court or court shall:
  6 10    a.  Issue a final adoption decree;
  6 11    b.  Issue an interlocutory adoption decree; or,
  6 12    c.  Dismiss the adoption petition if the
  6 13 requirements of this Act have not been met or if
  6 14 dismissal of the adoption petition is in the best
  6 15 interest of the person whose adoption has been
  6 16 petitioned.  Upon dismissal, the juvenile court or
  6 17 court shall determine who is to be guardian or
  6 18 custodian of a minor child, including the adoption
  6 19 petitioner if it is in the best interest of the minor
  6 20 person whose adoption has been petitioned.
  6 21    2.  An interlocutory adoption decree automatically
  6 22 becomes a final adoption decree at a date specified by
  6 23 the juvenile court or court in the interlocutory
  6 24 adoption decree, which date shall not be less than one
  6 25 hundred eighty days nor more than three hundred sixty
  6 26 days from the date the interlocutory decree is issued.
  6 27 However, an interlocutory adoption decree may be
  6 28 vacated prior to the date specified for it to become
  6 29 final.  Also, the juvenile court or court may provide
  6 30 in the interlocutory adoption decree for further
  6 31 observation, investigation, and report of the
  6 32 conditions of and the relationships between the
  6 33 adoption petitioner and the person petitioned to be
  6 34 adopted.
  6 35    3.  If an interlocutory adoption decree is vacated
  6 36 under subsection 2, it shall be void from the date of
  6 37 issuance and the rights, duties, and liabilities of
  6 38 all persons affected by it shall, unless they have
  6 39 become vested, be governed accordingly.  Upon vacation
  6 40 of an interlocutory adoption decree, the juvenile
  6 41 court or court shall proceed under the provisions of
  6 42 subsection 1, paragraph "c".
  6 43    5.  An interlocutory or a final adoption decree
  6 44 shall be entered with the clerk of the court.  Such
  6 45 decree shall set forth any facts of the adoption
  6 46 petition which have been proven to the satisfaction of
  6 47 the juvenile court or court and any other facts
  6 48 considered to be relevant by the juvenile court or
  6 49 court and shall grant the adoption petition.  If so
  6 50 designated in the adoption decree, the name of the
  7  1 adopted person shall be changed by issuance of that
  7  2 decree.  The clerk of the court shall, within thirty
  7  3 days of issuance, deliver one certified copy of any
  7  4 adoption decree to the petitioner, one copy of any
  7  5 adoption decree to the department and any agency or
  7  6 person making an independent placement who placed a
  7  7 minor person for adoption, and one certification of
  7  8 adoption as prescribed in section 144.19 to the state
  7  9 registrar of vital statistics.  Upon receipt of the
  7 10 certification, the state registrar shall prepare a new
  7 11 birth certificate pursuant to section 144.23 and
  7 12 deliver to the parents named in the decree and any
  7 13 adult person adopted by the decree a copy of the new
  7 14 birth certificate.  The parents shall pay the fee
  7 15 prescribed in section 144.46.  If the person adopted
  7 16 was born outside the state, the state registrar shall
  7 17 forward the certification of adoption to the
  7 18 appropriate agency in the state or foreign nation of
  7 19 birth.  A copy of any interlocutory adoption decree
  7 20 vacation shall be delivered and another birth
  7 21 certificate shall be prepared in the same manner as a
  7 22 certification of adoption is delivered and the birth
  7 23 certificate was originally prepared.
  7 24    6.  The clerk of the district court shall attach to
  7 25 the certified copy of the decree delivered to the
  7 26 department, a copy of the adoption information form
  7 27 required to be attached to the adoption petition under
  7 28 section 600.6, subsection 5.""
  7 29    #4.  Page 1, by inserting after line 42 the
  7 30 following:
  7 31    "Sec.    .  Section 600.15, subsection 1,
  7 32 paragraphs a and b, Code 1997, are amended to read as
  7 33 follows:
  7 34    a.  A decree establishing a parent-child
  7 35 relationship by adoption which is issued pursuant to
  7 36 due process of law by a juvenile court or court of any
  7 37 other jurisdiction in the United States shall be
  7 38 recognized in this state.
  7 39    b.  A decree terminating a parent-child
  7 40 relationship which is issued pursuant to due process
  7 41 of law by a juvenile court or court of any other
  7 42 jurisdiction in the United States shall be recognized
  7 43 in this state."
  7 44    #   .  Page 2, by inserting after line 27 the
  7 45 following:
  7 46    "Sec.    .  Section 600.16A, subsection 2,
  7 47 paragraphs b and c, Code 1997, are amended to read as
  7 48 follows:
  7 49    b.  The juvenile court or court, for good cause,
  7 50 shall order the opening of the permanent adoption
  8  1 record of the juvenile court or court for the adopted
  8  2 person who is an adult and reveal the names of either
  8  3 or both of the biological parents following
  8  4 consideration of both of the following:
  8  5    (1)  A biological parent may file an affidavit
  8  6 requesting that the juvenile court or court reveal or
  8  7 not reveal the parent's identity.  The juvenile court
  8  8 or court shall consider any such affidavit in
  8  9 determining whether there is good cause to order
  8 10 opening of the records.  To facilitate the biological
  8 11 parents in filing an affidavit, the department shall,
  8 12 upon request of a biological parent, provide the
  8 13 biological parent with an adoption information packet
  8 14 containing an affidavit for completion and filing with
  8 15 the juvenile court or court.
  8 16    (2)  If the adopted person who applies for
  8 17 revelation of the biological parents' identity has a
  8 18 sibling who is a minor and who has been adopted by the
  8 19 same parents, the juvenile court or court may deny the
  8 20 application on the grounds that revelation to the
  8 21 applicant may also indirectly and harmfully permit the
  8 22 same revelation to the applicant's minor sibling.
  8 23    c.  A biological sibling of an adopted person may
  8 24 file or may request that the department file an
  8 25 affidavit in the juvenile court or court in which the
  8 26 adopted person's adoption records have been sealed
  8 27 requesting that the juvenile court or court reveal or
  8 28 not reveal the sibling's name to the adopted person.
  8 29 The juvenile court or court shall consider any such
  8 30 affidavit in determining whether there is good cause
  8 31 to order opening of the records upon application for
  8 32 revelation by the adopted person.  However, the name
  8 33 of the biological sibling shall not be revealed until
  8 34 the biological sibling has attained majority.
  8 35    Sec.    .  Section 600.16A, subsection 3, paragraph
  8 36 b, unnumbered paragraph 3, Code 1997, is amended to
  8 37 read as follows:
  8 38    Notwithstanding the provisions of this subsection,
  8 39 if the adult adopted person has a sibling who is a
  8 40 minor and who has also been adopted by the same
  8 41 parents, the department, the clerk of court, or the
  8 42 agency which made the placement may deny the request
  8 43 of either the adult adopted person or the biological
  8 44 parent to open the adoption records and to reveal the
  8 45 identities of the parties pending determination by the
  8 46 juvenile court or court that there is good cause to
  8 47 open the records pursuant to subsection 2.
  8 48    Sec.    .  Section 600.16A, subsection 4, Code
  8 49 1997, is amended to read as follows:
  8 50    4.  An adopted person whose adoption became final
  9  1 prior to July 4, 1941, and whose adoption record was
  9  2 not required to be sealed at the time when the
  9  3 adoption record was completed, shall not be required
  9  4 to show good cause for an order opening the adoption
  9  5 record under this subsection, provided that the
  9  6 juvenile court or court shall consider any affidavit
  9  7 filed under this subsection.
  9  8    Sec.    .  Section 600.18, unnumbered paragraph 1,
  9  9 Code 1997, is amended to read as follows:
  9 10    Any prospective adoptive parent desiring financial
  9 11 assistance shall state this fact in the petition for
  9 12 adoption.  The department of human services shall
  9 13 investigate the person petitioning for adoption and
  9 14 the child and shall file with the juvenile court or
  9 15 court a statement of whether the department will
  9 16 provide assistance as provided in sections 600.17 to
  9 17 600.22, the estimated amount, extent, and duration of
  9 18 assistance, and any other information the juvenile
  9 19 court or court may order.""
  9 20    #5.  Page 1, by inserting after line 47 the
  9 21 following:
  9 22    "Sec.    .  Section 602.8102, subsections 42 and
  9 23 43, Code Supplement 1997, are amended to read as
  9 24 follows:
  9 25    42.  Serve as clerk of the juvenile court and carry
  9 26 out duties as provided in chapter 232 and article 7 of
  9 27 this chapter.
  9 28    43.  Submit to the director of the division of
  9 29 child and family services of the department of human
  9 30 services a duplicate of the findings of the district
  9 31 court related to adoptions as provided in section
  9 32 235.3, subsection 7."
  9 33    #6.  Page 2, by inserting after line 2 the
  9 34 following:
  9 35    "#   .  Title page, line 2, by inserting after the
  9 36 words "related to" the following:  "jurisdiction,"."
  9 37    #7.  By renumbering, relettering, or redesignating
  9 38 and correcting internal references as necessary.  
  9 39 SF 2387S
  9 40 pf/cc/26
     

Text: H09193                            Text: H09195
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