Text: HF00203 Text: HF00205 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 232.117A COMMUNICATION OR 1 2 CONTACT AGREEMENT. 1 3 1. Prior to the issuance of an order pursuant to section 1 4 232.117, subsection 3, the court may approve inclusion in the 1 5 order of an agreement regarding communication or contact after 1 6 the termination of parental rights among a biological parent, 1 7 the child, and a prospective adoptive parent if the child had 1 8 previously received child foster care. 1 9 2. Prior to approval of such an agreement, the court shall 1 10 appoint a guardian ad litem for the child, if the child is not 1 11 already represented by a guardian ad litem, and the guardian 1 12 ad litem shall represent the best interest of the child 1 13 relating to the proposed agreement. 1 14 3. The court may approve inclusion of such an agreement in 1 15 the order upon the motion of a biological parent or a 1 16 prospective adoptive parent if all of the following conditions 1 17 are met: 1 18 a. The terms of the agreement are agreed to, in writing, 1 19 by the biological parent and the prospective adoptive parent. 1 20 b. The court finds that, based upon the recommendations of 1 21 the guardian ad litem and the court's own review, approval of 1 22 the agreement is in the best interest of the child. 1 23 4. In determining whether the agreement is in the best 1 24 interest of the child, the guardian ad litem and the court 1 25 shall consider all of the following, as applicable: 1 26 a. Whether the child and the biological parent lived 1 27 together for a substantial period of time. 1 28 b. Whether the child exhibits attachment to or bonding 1 29 with the biological parent. 1 30 c. Whether the biological parent is unable to provide 1 31 adequate parenting due to certain circumstances including but 1 32 not limited to a terminal condition or mental illness. For 1 33 the purposes of this paragraph, "mental illness" means mental 1 34 illness as defined in section 229.1 and "terminal condition" 1 35 means an incurable and irreversible condition that, without 2 1 the administration of life-sustaining treatment, will, within 2 2 reasonable medical judgment, result in death within two years. 2 3 5. Subsequent to the issuance of an order pursuant to 2 4 section 232.117, subsection 3, failure to comply with an 2 5 agreement approved under this section shall not be grounds for 2 6 appeal of a termination of parental rights order or appeal of 2 7 an adoption decree. 2 8 6. An agreement may be enforced by a civil action for 2 9 specific performance or for damages. The prevailing party may 2 10 be awarded reasonable attorney fees and court costs. 2 11 7. An agreement included in an order issued pursuant to 2 12 section 232.117, subsection 3, shall not be modified unless 2 13 the court finds any of the following: 2 14 a. That modification is in the best interest of the child 2 15 and the modification is agreed to by the adoptive parent and 2 16 the biological parent. 2 17 b. Circumstances have arisen subsequent to the issuance of 2 18 the order which justify modification of the agreement. 2 19 EXPLANATION 2 20 This bill provides for the inclusion in a termination of 2 21 parental rights order under Code chapter 232 of an agreement 2 22 which provides for communication or contact between a 2 23 biological parent, a child, and a prospective adoptive parent 2 24 if the child had previously received child foster care. The 2 25 agreement must be approved by the juvenile court, and may only 2 26 be approved if the biological parent and the prospective 2 27 adoptive parent agree, in writing, to the agreement and if the 2 28 juvenile court finds that approval of the agreement is in the 2 29 best interest of the child. The bill provides criteria for 2 30 determining if the agreement is in the best interest of the 2 31 child, including if the child lived with the biological 2 32 parent, bonded with the biological parent, or if the 2 33 biological parent is unable to adequately parent the child due 2 34 to circumstances such as mental illness or a terminal 2 35 condition. "Mental illness" and "terminal condition" are 3 1 defined in the bill. The bill also provides for the 3 2 appointment of a guardian ad litem for the child to represent 3 3 the child's best interest relating to the agreement. 3 4 The bill provides that noncompliance with the agreement, 3 5 following the issuance of a termination of parental rights 3 6 order or the issuance of an adoption decree, is not grounds 3 7 for appeal of either of these orders. However, the bill does 3 8 provide for enforcement of the agreement through a civil 3 9 action for specific performance or for damages. The bill also 3 10 provides for modification of the agreement if modification is 3 11 in the best interest of the child and if the parties to the 3 12 agreement approve the modification or if changed circumstances 3 13 justify the modification. 3 14 LSB 2051YH 77 3 15 pf/cf/24
Text: HF00203 Text: HF00205 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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