Text: S05622 Text: S05624 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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 4 the 5 5 following: 5 6 ""Sec. . Section 600.10, Code 1997, is amended 5 7 to read as follows: 5 8 600.10 MINIMUM RESIDENCE OF A MINOR CHILD. 5 9 The adoption of a minor person shall not be decreed 5 10 until that person has lived with the adoption 5 11 petitioner for a minimum residence period of one 5 12 hundred eighty days. However, the juvenile court or 5 13 court may waive this period if the adoption petitioner 5 14 is a stepparent or related to the minor person within 5 15 the fourth degree of consanguinity or may shorten this 5 16 period upon good cause shown when the juvenile court 5 17 or court is satisfied that the adoption petitioner and 5 18 the person to be adopted are suited to each other. 5 19 Sec. . Section 600.11, subsections 1 and 3, 5 20 Code 1997, are amended to read as follows: 5 21 1. The juvenile court or court shall set the time 5 22 and place of the adoption hearing prescribed in 5 23 section 600.12 upon application of the petitioner. 5 24 The juvenile court or court may continue the adoption 5 25 hearing if the notice prescribed in subsections 2 and 5 26 3 is given, except that such notice shall only be 5 27 given at least ten days prior to the date which has 5 28 been set for the continuation of the adoption hearing. 5 29 3. A notice of the adoption hearing shall state 5 30 the time, place, and purpose of the hearing and shall 5 31 be served in accordance with rule of civil procedure 5 32 56.1. Proof of the giving of notice shall be filed 5 33 with the juvenile court or court prior to the adoption 5 34 hearing. Acceptance of service by the party being 5 35 given notice shall satisfy the requirements of this 5 36 subsection. 5 37 Sec. . Section 600.12, subsections 2 and 3, 5 38 Code 1997, are amended to read as follows: 5 39 2. Only those persons notified under section 5 40 600.11 and their witnesses and legal counsel or 5 41 persons requested by the juvenile court or court to be 5 42 present shall be admitted to the court chambers while 5 43 an adoption hearing is being conducted. The adoption 5 44 petitioner and the person to be adopted shall be 5 45 present at the hearing, unless the presence of either 5 46 is excused by the juvenile court or court. 5 47 3. Any person admitted to the hearing shall be 5 48 heard and allowed to present evidence upon request and 5 49 according to the manner in which the juvenile court or 5 50 court conducts the hearing. 6 1 Sec. . Section 600.13, subsections 1, 2, 3, 5, 6 2 and 6, Code 1997, are amended to read as follows: 6 3 1. At the conclusion of the adoption hearing, the 6 4 juvenile court or court shall: 6 5 a. Issue a final adoption decree; 6 6 b. Issue an interlocutory adoption decree; or, 6 7 c. Dismiss the adoption petition if the 6 8 requirements of this Act have not been met or if 6 9 dismissal of the adoption petition is in the best 6 10 interest of the person whose adoption has been 6 11 petitioned. Upon dismissal, the juvenile court or 6 12 court shall determine who is to be guardian or 6 13 custodian of a minor child, including the adoption 6 14 petitioner if it is in the best interest of the minor 6 15 person whose adoption has been petitioned. 6 16 2. An interlocutory adoption decree automatically 6 17 becomes a final adoption decree at a date specified by 6 18 the juvenile court or court in the interlocutory 6 19 adoption decree, which date shall not be less than one 6 20 hundred eighty days nor more than three hundred sixty 6 21 days from the date the interlocutory decree is issued. 6 22 However, an interlocutory adoption decree may be 6 23 vacated prior to the date specified for it to become 6 24 final. Also, the juvenile court or court may provide 6 25 in the interlocutory adoption decree for further 6 26 observation, investigation, and report of the 6 27 conditions of and the relationships between the 6 28 adoption petitioner and the person petitioned to be 6 29 adopted. 6 30 3. If an interlocutory adoption decree is vacated 6 31 under subsection 2, it shall be void from the date of 6 32 issuance and the rights, duties, and liabilities of 6 33 all persons affected by it shall, unless they have 6 34 become vested, be governed accordingly. Upon vacation 6 35 of an interlocutory adoption decree, the juvenile 6 36 court or court shall proceed under the provisions of 6 37 subsection 1, paragraph "c". 6 38 5. An interlocutory or a final adoption decree 6 39 shall be entered with the clerk ofthecourt. Such 6 40 decree shall set forth any facts of the adoption 6 41 petition which have been proven to the satisfaction of 6 42 the juvenile court or court and any other facts 6 43 considered to be relevant by the juvenile court or 6 44 court and shall grant the adoption petition. If so 6 45 designated in the adoption decree, the name of the 6 46 adopted person shall be changed by issuance of that 6 47 decree. The clerk of the court shall, within thirty 6 48 days of issuance, deliver one certified copy of any 6 49 adoption decree to the petitioner, one copy of any 6 50 adoption decree to the department and any agency or 7 1 person making an independent placement who placed a 7 2 minor person for adoption, and one certification of 7 3 adoption as prescribed in section 144.19 to the state 7 4 registrar of vital statistics. Upon receipt of the 7 5 certification, the state registrar shall prepare a new 7 6 birth certificate pursuant to section 144.23 and 7 7 deliver to the parents named in the decree and any 7 8 adult person adopted by the decree a copy of the new 7 9 birth certificate. The parents shall pay the fee 7 10 prescribed in section 144.46. If the person adopted 7 11 was born outside the state, the state registrar shall 7 12 forward the certification of adoption to the 7 13 appropriate agency in the state or foreign nation of 7 14 birth. A copy of any interlocutory adoption decree 7 15 vacation shall be delivered and another birth 7 16 certificate shall be prepared in the same manner as a 7 17 certification of adoption is delivered and the birth 7 18 certificate was originally prepared. 7 19 6. The clerk ofthe districtcourt shall attach to 7 20 the certified copy of the decree delivered to the 7 21 department, a copy of the adoption information form 7 22 required to be attached to the adoption petition under 7 23 section 600.6, subsection 5."" 7 24 #3. Page 1, by inserting after line 42 the 7 25 following: 7 26 "Sec. . Section 600.15, subsection 1, 7 27 paragraphs a and b, Code 1997, are amended to read as 7 28 follows: 7 29 a. A decree establishing a parent-child 7 30 relationship by adoption which is issued pursuant to 7 31 due process of law by a juvenile court or court of any 7 32 other jurisdiction in the United States shall be 7 33 recognized in this state. 7 34 b. A decree terminating a parent-child 7 35 relationship which is issued pursuant to due process 7 36 of law by a juvenile court or court of any other 7 37 jurisdiction in the United States shall be recognized 7 38 in this state." 7 39 # . Page 2, by inserting after line 27 the 7 40 following: 7 41 "Sec. . Section 600.16A, subsection 2, 7 42 paragraphs b and c, Code 1997, are amended to read as 7 43 follows: 7 44 b. The juvenile court or court, for good cause, 7 45 shall order the opening of the permanent adoption 7 46 record of the juvenile court or court for the adopted 7 47 person who is an adult and reveal the names of either 7 48 or both of the biological parents following 7 49 consideration of both of the following: 7 50 (1) A biological parent may file an affidavit 8 1 requesting that the juvenile court or court reveal or 8 2 not reveal the parent's identity. The juvenile court 8 3 or court shall consider any such affidavit in 8 4 determining whether there is good cause to order 8 5 opening of the records. To facilitate the biological 8 6 parents in filing an affidavit, the department shall, 8 7 upon request of a biological parent, provide the 8 8 biological parent with an adoption information packet 8 9 containing an affidavit for completion and filing with 8 10 the juvenile court or court. 8 11 (2) If the adopted person who applies for 8 12 revelation of the biological parents' identity has a 8 13 sibling who is a minor and who has been adopted by the 8 14 same parents, the juvenile court or court may deny the 8 15 application on the grounds that revelation to the 8 16 applicant may also indirectly and harmfully permit the 8 17 same revelation to the applicant's minor sibling. 8 18 c. A biological sibling of an adopted person may 8 19 file or may request that the department file an 8 20 affidavit in the juvenile court or court in which the 8 21 adopted person's adoption records have been sealed 8 22 requesting that the juvenile court or court reveal or 8 23 not reveal the sibling's name to the adopted person. 8 24 The juvenile court or court shall consider any such 8 25 affidavit in determining whether there is good cause 8 26 to order opening of the records upon application for 8 27 revelation by the adopted person. However, the name 8 28 of the biological sibling shall not be revealed until 8 29 the biological sibling has attained majority. 8 30 Sec. . Section 600.16A, subsection 3, paragraph 8 31 b, unnumbered paragraph 3, Code 1997, is amended to 8 32 read as follows: 8 33 Notwithstanding the provisions of this subsection, 8 34 if the adult adopted person has a sibling who is a 8 35 minor and who has also been adopted by the same 8 36 parents, the department, the clerk of court, or the 8 37 agency which made the placement may deny the request 8 38 of either the adult adopted person or the biological 8 39 parent to open the adoption records and to reveal the 8 40 identities of the parties pending determination by the 8 41 juvenile court or court that there is good cause to 8 42 open the records pursuant to subsection 2. 8 43 Sec. . Section 600.16A, subsection 4, Code 8 44 1997, is amended to read as follows: 8 45 4. An adopted person whose adoption became final 8 46 prior to July 4, 1941, and whose adoption record was 8 47 not required to be sealed at the time when the 8 48 adoption record was completed, shall not be required 8 49 to show good cause for an order opening the adoption 8 50 record under this subsection, provided that the 9 1 juvenile court or court shall consider any affidavit 9 2 filed under this subsection. 9 3 Sec. . Section 600.18, unnumbered paragraph 1, 9 4 Code 1997, is amended to read as follows: 9 5 Any prospective adoptive parent desiring financial 9 6 assistance shall state this fact in the petition for 9 7 adoption. The department of human services shall 9 8 investigate the person petitioning for adoption and 9 9 the child and shall file with the juvenile court or 9 10 court a statement of whether the department will 9 11 provide assistance as provided in sections 600.17 to 9 12 600.22, the estimated amount, extent, and duration of 9 13 assistance, and any other information the juvenile 9 14 court or court may order."" 9 15 #4. Page 1, by inserting after line 47 the 9 16 following: 9 17 "Sec. . Section 602.8102, subsections 42 and 9 18 43, Code Supplement 1997, are amended to read as 9 19 follows: 9 20 42. Serve as clerk of the juvenile court and carry 9 21 out duties as provided in chapter 232 and article 7 of 9 22 this chapter. 9 23 43. Submit to the director of the division of 9 24 child and family services of the department of human 9 25 services a duplicate of the findings of thedistrict9 26 court related to adoptions as provided in section 9 27 235.3, subsection 7." 9 28 #5. Page 2, by inserting after line 2 the 9 29 following: 9 30 "# . Title page, line 2, by inserting after the 9 31 words "related to" the following: "jurisdiction,"." 9 32 9 33 9 34 9 35 O. GENE MADDOX 9 36 SF 2387.502 77 9 37 lh/jw/28
Text: S05622 Text: S05624 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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