Text: SF00141 Text: SF00143 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 600A.8, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3A. If the termination of parental rights 1 4 relates to a putative father and the putative father has 1 5 abandoned the child. For the purposes of this subsection, a 1 6 putative father is deemed to have abandoned a child as 1 7 follows: 1 8 a. If the child is less than six months of age when the 1 9 termination hearing is held, a putative father is deemed to 1 10 have abandoned the child unless the putative father does all 1 11 of the following: 1 12 (1) Demonstrates a willingness to assume full custody of 1 13 the child rather than merely objecting to the termination of 1 14 parental rights. 1 15 (2) Takes prompt action to establish a parental 1 16 relationship with the child. 1 17 (3) Demonstrates, through actions, a commitment to the 1 18 child. 1 19 b. (1) If the child is six months of age or older when 1 20 the termination hearing is held, a putative father is deemed 1 21 to have abandoned the child unless the putative father 1 22 maintains substantial and continuous or repeated contact with 1 23 the child as demonstrated by contribution toward support of 1 24 the child of a reasonable amount, according to the putative 1 25 father's means, and as demonstrated by any of the following: 1 26 (a) Visiting the child at least monthly when physically 1 27 and financially able to do so and when not prevented from 1 28 doing so by the person having lawful custody of the child. 1 29 (b) Regular communication with the child or with the 1 30 person having the care or custody of the child, when 1 31 physically and financially unable to visit the child or when 1 32 prevented from visiting the child by the person having lawful 1 33 custody of the child. 1 34 (2) The subjective intent of the putative father, whether 1 35 expressed or otherwise, unsupported by evidence of acts 2 1 specified in subparagraph (1) manifesting such intent, does 2 2 not preclude a determination that the putative father failed 2 3 to maintain substantial and continuous or repeated contact 2 4 with the child. In making a determination, the court shall 2 5 not require a showing of diligent efforts by any person to 2 6 encourage the putative father to perform the acts specified in 2 7 subparagraph (1). A putative father of a child who openly 2 8 lived with the child for a period of six months within the 2 9 one-year period immediately preceding the termination of 2 10 parental rights hearing and who during that period openly held 2 11 himself out to be the father of the child is deemed to have 2 12 maintained substantial and continuous contact with the child 2 13 for the purposes of this paragraph. 2 14 EXPLANATION 2 15 This bill establishes criteria for a determination that a 2 16 putative father has abandoned a child for the purposes of 2 17 establishing grounds for termination of the putative father's 2 18 parental rights. The criteria require the demonstration of 2 19 certain actions and intentions by a putative father, which 2 20 vary based upon the age of the child at the time of the 2 21 holding of a termination of parental rights hearing. 2 22 LSB 2130XS 77 2 23 pf/jj/8
Text: SF00141 Text: SF00143 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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