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PAG LIN
1 1 Amend Senate File 478 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 "Section 1. Section 600A.2, subsection 18, Code
1 5 1997, is amended by striking the subsection and
1 6 inserting in lieu thereof the following:
1 7 18. "To abandon a minor child" means that a
1 8 parent, putative father, custodian, or guardian
1 9 rejects the duties imposed by the parent-child
1 10 relationship, guardianship, or custodianship, which
1 11 may be evinced by the person, while being able to do
1 12 so, making no provision or making only a marginal
1 13 effort to provide for the support of the child or to
1 14 communicate with the child.
1 15 Sec. 2. Section 600A.8, Code 1997, is amended by
1 16 adding the following new subsection:
1 17 NEW SUBSECTION. 3A. If the termination of
1 18 parental rights relates to a putative father and the
1 19 putative father has abandoned the child. For the
1 20 purposes of this subsection, a putative father is
1 21 deemed to have abandoned a child as follows:
1 22 a. (1) If the child is less than six months of
1 23 age when the termination hearing is held, a putative
1 24 father is deemed to have abandoned the child unless
1 25 the putative father does all of the following:
1 26 (a) Demonstrates a willingness to assume full
1 27 custody of the child rather than merely objecting to
1 28 the termination of parental rights.
1 29 (b) Takes prompt action to establish a parental
1 30 relationship with the child.
1 31 (c) Demonstrates, through actions, a commitment to
1 32 the child which is not met by the putative father
1 33 marrying the mother of the child after adoption of the
1 34 child.
1 35 (2) In determining whether the requirements of
1 36 this paragraph are met, the court may consider all of
1 37 the following:
1 38 (a) The fitness and ability of the putative father
1 39 in personally assuming full custody of the child,
1 40 including a personal and financial commitment which is
1 41 timely demonstrated.
1 42 (b) Whether efforts made by the putative father in
1 43 personally assuming full custody of the child are
1 44 substantial enough to evince a settled purpose to
1 45 personally assume all parental duties.
1 46 (c) Whether the putative father publicly
1 47 acknowledged paternity or held himself out to be the
1 48 father of the child during the six continuing months
1 49 immediately prior to the termination proceeding.
1 50 (d) Whether the putative father paid a fair and
2 1 reasonable sum, in accordance with the putative
2 2 father's means, for medical, hospital, and nursing
2 3 expenses incurred in connection with the mother's
2 4 pregnancy or with the birth of the child, or whether
2 5 the putative father demonstrated emotional support as
2 6 evidenced by the putative father's conduct toward the
2 7 mother.
2 8 (e) Any measures taken by the putative father to
2 9 establish legal responsibility for the child.
2 10 (f) Any other factors evincing a commitment to the
2 11 child.
2 12 b. (1) If the child is six months of age or older
2 13 when the termination hearing is held, a putative
2 14 father is deemed to have abandoned the child unless
2 15 the putative father maintains substantial and
2 16 continuous or repeated contact with the child as
2 17 demonstrated by contribution toward support of the
2 18 child of a reasonable amount, according to the
2 19 putative father's means, and as demonstrated by any of
2 20 the following:
2 21 (a) Visiting the child at least monthly when
2 22 physically and financially able to do so and when not
2 23 prevented from doing so by the person having lawful
2 24 custody of the child.
2 25 (b) Regular communication with the child or with
2 26 the person having the care or custody of the child,
2 27 when physically and financially unable to visit the
2 28 child or when prevented from visiting the child by the
2 29 person having lawful custody of the child.
2 30 (2) The subjective intent of the putative father,
2 31 whether expressed or otherwise, unsupported by
2 32 evidence of acts specified in subparagraph (1)
2 33 manifesting such intent, does not preclude a
2 34 determination that the putative father failed to
2 35 maintain substantial and continuous or repeated
2 36 contact with the child. In making a determination,
2 37 the court shall not require a showing of diligent
2 38 efforts by any person to encourage the putative father
2 39 to perform the acts specified in subparagraph (1). In
2 40 making a determination, the court may consider the
2 41 conduct of the putative father toward the child's
2 42 mother during the pregnancy. A putative father of a
2 43 child who openly lived with the child for a period of
2 44 six months within the one-year period immediately
2 45 preceding the termination of parental rights hearing
2 46 and who during that period openly held himself out to
2 47 be the father of the child is deemed to have
2 48 maintained substantial and continuous contact with the
2 49 child for the purposes of this paragraph."
2 50
3 1
3 2
3 3 NEAL SCHUERER
3 4 SF 478.301 77
3 5 pf/cf/28
Text: S03416 Text: S03418 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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