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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 joint custody of
1 13 the child rather than merely objecting to the termination of
1 14 parental rights.
1 15 (2) Demonstrates, through actions, a commitment to the
1 16 child.
1 17 b. (1) If the child is six months of age or older when
1 18 the termination hearing is held, a putative father is deemed
1 19 to have abandoned the child unless the putative father
1 20 maintains substantial and continuous or repeated contact with
1 21 the child as demonstrated by contribution toward support of
1 22 the child of a reasonable amount as would be determined under
1 23 the uniform child support guidelines as established by the
1 24 supreme court, according to the putative father's means, and
1 25 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 2130SV 77
2 23 pf/jj/8
Text: SF00477 Text: SF00479 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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