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Senate File 2345

Partial Bill History

Bill Text

PAG LIN
  1  1                                         SENATE FILE 2345
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO JUVENILE JUSTICE SYSTEM PROVISIONS INVOLVING
  1  5    FOSTER CARE, TERMINATION OF PARENTAL RIGHTS, AND ADOPTION
  1  6    PREPLACEMENT INVESTIGATIONS.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 232.2, subsection 4, Code Supplement
  1 11 1997, is amended by adding the following new paragraph:
  1 12    NEW PARAGRAPH.  h.  If reasonable efforts to place a child
  1 13 for adoption or with a guardian are made concurrently with
  1 14 reasonable efforts as defined in section 232.102, the
  1 15 concurrent goals and timelines may be identified.  Concurrent
  1 16 case permanency plan goals for reunification, and for adoption
  1 17 or for other permanent out-of-home placement of a child shall
  1 18 not be considered inconsistent in that the goals reflect
  1 19 divergent possible outcomes for a child in an out-of-home
  1 20 placement.
  1 21    Sec. 2.  Section 232.2, subsection 21, unnumbered paragraph
  1 22 1, Code Supplement 1997, is amended to read as follows:
  1 23    "Guardian" means a person who is not the parent of a child,
  1 24 but who has been appointed by a court or juvenile court having
  1 25 jurisdiction over the child, to have a permanent self-
  1 26 sustaining relationship with the child and to make important
  1 27 decisions which have a permanent effect on the life and
  1 28 development of that child and to promote the general welfare
  1 29 of that child.  A guardian may be a court or a juvenile court.
  1 30 Guardian does not mean conservator, as defined in section
  1 31 633.3, although a person who is appointed to be a guardian may
  1 32 also be appointed to be a conservator.
  1 33    Sec. 3.  Section 232.2, subsection 21, Code Supplement
  1 34 1997, is amended by adding the following new paragraph:
  1 35    NEW PARAGRAPH.  f.  To make other decisions involving
  2  1 protection, education, and care and control of the child.
  2  2    Sec. 4.  Section 232.78, subsection 1, Code 1997, is
  2  3 amended by adding the following new paragraph:
  2  4    NEW PARAGRAPH.  d.  The application for the order includes
  2  5 a statement of the facts to support the findings specified in
  2  6 paragraphs "a", "b", and "c".
  2  7    Sec. 5.  Section 232.78, Code 1997, is amended by adding
  2  8 the following new subsection:
  2  9    NEW SUBSECTION.  1A.  The person making the application for
  2 10 an order shall assert facts showing there is reasonable cause
  2 11 to believe that the child cannot either be returned to the
  2 12 place where the child was residing or placed with the parent
  2 13 who does not have physical care of the child.
  2 14    Sec. 6.  Section 232.78, subsection 5, Code 1997, is
  2 15 amended to read as follows:
  2 16    5.  Any person who may file a petition under this chapter
  2 17 may apply for, or the court on its own motion may issue, an
  2 18 order for temporary removal under this section.  An
  2 19 appropriate person designated by the court shall confer with a
  2 20 person seeking the removal order, shall make every reasonable
  2 21 effort to inform the parent or other person legally
  2 22 responsible for the child's care of the application, and shall
  2 23 make such inquiries as will aid the court in disposing of such
  2 24 application.  The person designated by the court shall file
  2 25 with the court a complete written report providing all details
  2 26 of the designee's conference with the person seeking the
  2 27 removal order, the designee's efforts to inform the parents or
  2 28 other person legally responsible for the child's care of the
  2 29 application, any inquiries made by the designee to aid the
  2 30 court in disposing of the application, and all information the
  2 31 designee communicated to the court.  The report shall be filed
  2 32 within five days of the date of the removal order.  If the
  2 33 court does not designate an appropriate person who performs
  2 34 the required duties, notwithstanding section 234.39 or any
  2 35 other provision of law, the child's parent shall not be
  3  1 responsible for paying the cost of care and services for the
  3  2 duration of the removal order.  Any order entered under this
  3  3 section authorizing temporary removal of a child shall include
  3  4 a statement informing the child's parent that the consequences
  3  5 of a permanent removal may include termination of the parent's
  3  6 rights with respect to the child.
  3  7    Sec. 7.  Section 232.91, Code Supplement 1997, is amended
  3  8 by adding the following new subsection:
  3  9    NEW SUBSECTION.  3.  Any person who is entitled under
  3 10 section 232.88 to receive notice of a hearing concerning a
  3 11 child shall be given the opportunity to be heard in any other
  3 12 review or hearing involving the child.
  3 13    Sec. 8.  Section 232.95, subsection 2, paragraph a,
  3 14 unnumbered paragraph 2, Code 1997, is amended to read as
  3 15 follows:
  3 16    If removal is ordered, the order shall, in addition,
  3 17 contain a statement that removal from the home is the result
  3 18 of a determination that continuation therein in the home would
  3 19 be contrary to the welfare of the child, and that reasonable
  3 20 efforts have been made to prevent or eliminate the need for
  3 21 removal of the child from the child's home.  The order shall
  3 22 also include a statement informing the child's parent that the
  3 23 consequences of a permanent removal may include termination of
  3 24 the parent's rights with respect to the child.
  3 25    Sec. 9.  Section 232.96, subsection 10, Code 1997, is
  3 26 amended to read as follows:
  3 27    10.  If the court enters an order adjudicating the child to
  3 28 be a child in need of assistance, the court, if it has not
  3 29 previously done so, may issue an order authorizing temporary
  3 30 removal of the child from the child's home as set forth in
  3 31 section 232.95, subsection 2, paragraph "a", pending a final
  3 32 order of disposition.  The order shall include a statement
  3 33 informing the child's parent that the consequences of a
  3 34 permanent removal may include termination of the parent's
  3 35 rights with respect to the child.
  4  1    Sec. 10.  Section 232.99, Code 1997, is amended by adding
  4  2 the following new subsection:
  4  3    NEW SUBSECTION.  2A.  In the initial dispositional hearing,
  4  4 any hearing held under section 232.103, and any dispositional
  4  5 review or permanency hearing, the court shall inquire of the
  4  6 parties as to the sufficiency of the services being provided
  4  7 and whether additional services are needed to facilitate the
  4  8 safe return of the child to the child's home.  If the court
  4  9 determines such services are needed, the court shall order the
  4 10 services to be provided.  The court shall advise the parties
  4 11 that failure to identify a deficiency in services or to
  4 12 request additional services may preclude the party from
  4 13 challenging the sufficiency of the services in a termination
  4 14 of parent-child relationship proceeding.
  4 15    Sec. 11.  Section 232.102, subsection 1, paragraph a, Code
  4 16 Supplement 1997, is amended to read as follows:
  4 17    a.  A parent who does not have physical care of the child,
  4 18 other relative, or other suitable person.
  4 19    Sec. 12.  Section 232.102, subsection 5, unnumbered
  4 20 paragraph 2, Code Supplement 1997, is amended to read as
  4 21 follows:
  4 22    The order shall, in addition, contain a statement that
  4 23 removal from the home is the result of a determination that
  4 24 continuation therein in the home would be contrary to the
  4 25 welfare of the child, and that shall identify the reasonable
  4 26 efforts that have been made to prevent or eliminate the need
  4 27 for removal of the child from the child's home.
  4 28    Sec. 13.  Section 232.102, subsection 7, Code Supplement
  4 29 1997, is amended to read as follows:
  4 30    7.  In any order transferring custody to the department or
  4 31 an agency, or in orders pursuant to a custody order, the court
  4 32 shall specify the nature and category of disposition which
  4 33 will serve the best interests of the child, and shall
  4 34 prescribe the means by which the placement shall be monitored
  4 35 by the court.  If the court orders the transfer of the custody
  5  1 of the child to the department of human services or other
  5  2 agency for placement, the department or agency shall submit a
  5  3 case permanency plan to the court and shall make every
  5  4 reasonable effort to return the child to the child's home as
  5  5 quickly as possible consistent with the best interest of the
  5  6 child.  When the child is not returned to the child's home and
  5  7 if the child has been previously placed in a licensed foster
  5  8 care facility, the department or agency shall consider placing
  5  9 the child in the same licensed foster care facility.  If the
  5 10 court orders the transfer of custody to a parent who does not
  5 11 have physical care of the child, other relative, or other
  5 12 suitable person, the court may direct the department or other
  5 13 agency to provide services to the child's parent, guardian, or
  5 14 custodian in order to enable them to resume custody of the
  5 15 child.  If the court orders the transfer of custody to the
  5 16 department of human services or to another agency for
  5 17 placement in foster group care, the department or agency shall
  5 18 make every reasonable effort to place the child within Iowa,
  5 19 in the least restrictive, most family-like, and most
  5 20 appropriate setting available, and in close proximity to the
  5 21 parents' home, consistent with the child's best interests and
  5 22 special needs, and shall consider the placement's proximity to
  5 23 the school in which the child is enrolled at the time of
  5 24 placement.
  5 25    Sec. 14.  Section 232.102, Code Supplement 1997, is amended
  5 26 by adding the following new subsection:
  5 27    NEW SUBSECTION.  7A.  Any order transferring custody to the
  5 28 department or an agency shall include a statement informing
  5 29 the child's parent that the consequences of a permanent
  5 30 removal may include the termination of the parent's rights
  5 31 with respect to the child.
  5 32    Sec. 15.  Section 232.102, subsection 8, paragraph c, Code
  5 33 Supplement 1997, is amended to read as follows:
  5 34    c.  For purposes of this subsection, a hearing held
  5 35 pursuant to section 232.103 or 232.104 satisfies the
  6  1 requirements for initial dispositional review or subsequent
  6  2 dispositional review permanency hearing.
  6  3    Sec. 16.  Section 232.102, subsection 9, paragraph a,
  6  4 unnumbered paragraph 1, Code Supplement 1997, is amended to
  6  5 read as follows:
  6  6    As used in this section, "reasonable efforts" means the
  6  7 efforts made to prevent preserve and unify a family prior to
  6  8 the out-of-home placement of a child in foster care or to
  6  9 eliminate the need for removal of a the child from or make it
  6 10 possible for the child to safely return to the child's
  6 11 family's home.  A child's health and safety shall be the
  6 12 paramount concern in making reasonable efforts.  Reasonable
  6 13 efforts may include intensive family preservation services or
  6 14 family-centered services, if the child's safety in the home
  6 15 can be maintained during the time the services are provided.
  6 16 In determining whether reasonable efforts have been made, the
  6 17 court shall consider both of the following:
  6 18    Sec. 17.  Section 232.102, Code Supplement 1997, is amended
  6 19 by adding the following new subsections:
  6 20    NEW SUBSECTION.  10.  The performance of reasonable efforts
  6 21 to place a child for adoption or with a guardian may be made
  6 22 concurrently with making reasonable efforts as defined in this
  6 23 section.
  6 24    NEW SUBSECTION.  11.  If the court determines aggravated
  6 25 circumstances exist, with written findings of fact based upon
  6 26 evidence in the record, the court may waive the requirement
  6 27 for making reasonable efforts.  The existence of aggravated
  6 28 circumstances is indicated by any of the following:
  6 29    a.  The parent has abandoned the child.
  6 30    b.  The court finds the circumstances described in section
  6 31 232.116, subsection 1, paragraph "h", are applicable to the
  6 32 child.
  6 33    c.  The parent's parental rights have been terminated under
  6 34 section 232.116 with respect to another child who is a member
  6 35 of the same family, and there is clear and convincing evidence
  7  1 to show that the offer or receipt of services would not be
  7  2 likely within a reasonable period of time to correct the
  7  3 conditions which led to the child's removal.
  7  4    d.  The parent has been convicted of the murder of another
  7  5 child of the parent.
  7  6    e.  The parent has been convicted of the voluntary
  7  7 manslaughter of another child of the parent.
  7  8    f.  The parent has been convicted of aiding or abetting,
  7  9 attempting, conspiring in, or soliciting the commission of the
  7 10 murder or voluntary manslaughter of another child of the
  7 11 parent.
  7 12    g.  The parent has been convicted of a felony assault which
  7 13 resulted in serious bodily injury of the child or of another
  7 14 child of the parent.
  7 15    Sec. 18.  Section 232.104, subsection 1, Code 1997, is
  7 16 amended to read as follows:
  7 17    1.  a.  If a child has been placed in foster care for a
  7 18 period of twelve months, or if the prior legal custodian of a
  7 19 child has abandoned efforts to regain custody of the child,
  7 20 the court shall, on its own motion, or upon application by any
  7 21 interested party, including the child's foster parent if the
  7 22 child has been placed with the foster parent for at least
  7 23 twelve months, hold a hearing to consider the issue of the
  7 24 establishment of permanency for the child.  The time for the
  7 25 initial permanency hearing for a child subject to out-of-home
  7 26 placement shall be the earlier of the following:
  7 27    (1)  For a temporary removal order entered under section
  7 28 232.78, 232.95, or 232.96, for a child who was removed without
  7 29 a court order under section 232.79, or for an order entered
  7 30 under section 232.102, for which the court has not waived
  7 31 reasonable efforts requirements, the permanency hearing shall
  7 32 be held within twelve months of the date the child was removed
  7 33 from the home.
  7 34    (2)  For an order entered under section 232.102, for which
  7 35 the court has waived reasonable efforts requirements under
  8  1 section 232.102, subsection 11, the permanency hearing shall
  8  2 be held within thirty days of the date the requirements were
  8  3 waived.
  8  4    b.  Such a The permanency hearing may be held concurrently
  8  5 with a hearing under section 232.103 to review, modify,
  8  6 substitute, vacate, or terminate a dispositional order.
  8  7    c.  Reasonable notice of a permanency hearing in a case of
  8  8 juvenile delinquency shall be provided pursuant to section
  8  9 232.37.  A permanency hearing shall be conducted in
  8 10 substantial conformance with the provisions of section 232.99.
  8 11 During the hearing the court shall consider the child's need
  8 12 for a secure and permanent placement in light of any
  8 13 permanency plan or evidence submitted to the court.  Upon
  8 14 completion of the hearing the court shall enter written
  8 15 findings and make a determination based upon the permanency
  8 16 plan which will best serve the child's individual interests at
  8 17 that time.
  8 18    Sec. 19.  Section 232.104, subsection 6, Code 1997, is
  8 19 amended to read as follows:
  8 20    6.  Following an initial permanency hearing and the entry
  8 21 of a permanency order which places a child in the custody or
  8 22 guardianship of another person or agency, the court shall
  8 23 retain jurisdiction and annually review the order to ascertain
  8 24 whether the best interest of the child is being served.  When
  8 25 such the order places the child in the custody of the
  8 26 department for the purpose of long-term foster care placement
  8 27 in a facility, the review shall be in a hearing that shall not
  8 28 be waived or continued beyond twelve months after the initial
  8 29 permanency hearing or the last permanency review hearing.  Any
  8 30 modification shall be accomplished through a hearing procedure
  8 31 following reasonable notice.  During the hearing, all relevant
  8 32 and material evidence shall be admitted and procedural due
  8 33 process shall be provided to all parties.
  8 34    Sec. 20.  Section 232.111, Code 1997, is amended by adding
  8 35 the following new subsection:
  9  1    NEW SUBSECTION.  1A.  a.  Unless any of the circumstances
  9  2 described in paragraph "b" exist, the county attorney shall
  9  3 file a petition for termination of the parent-child
  9  4 relationship and parental rights with respect to a child or if
  9  5 a petition has been filed, join in the petition, under any of
  9  6 the following circumstances:
  9  7    (1)  The child has been placed in foster care for fifteen
  9  8 months or more of the most recent twenty-two-month period.
  9  9    (2)  A court has determined aggravated circumstances exist
  9 10 and has waived the requirement for making reasonable efforts
  9 11 under section 232.102 because the court has found the
  9 12 circumstances described in section 232.116, subsection 1,
  9 13 paragraph "h", are applicable to the child.
  9 14    (3)  The child is less than twelve months of age and has
  9 15 been judicially determined to meet the definition of
  9 16 abandonment of a child.
  9 17    (4)  The parent has been convicted of the murder or the
  9 18 voluntary manslaughter of another child of the parent.
  9 19    (5)  The parent has been convicted of aiding or abetting,
  9 20 attempting, conspiring in, or soliciting the commission of the
  9 21 murder or voluntary manslaughter of another child of the
  9 22 parent.
  9 23    (6)  The parent has been convicted of a felony assault
  9 24 which resulted in serious bodily injury of the child or of
  9 25 another child of the parent.
  9 26    b.  If any of the following conditions exist, the county
  9 27 attorney is not required to file a petition or join in an
  9 28 existing petition as provided in paragraph "a":
  9 29    (1)  At the option of the department or by order of the
  9 30 court, the child is being cared for by a relative.
  9 31    (2)  The department or a state agency has documented in the
  9 32 child's case permanency plan provided or available to the
  9 33 court a compelling reason for determining that filing the
  9 34 petition would not be in the best interest of the child.  A
  9 35 compelling reason shall include but is not limited to
 10  1 documentation in the child's case permanency plan indicating
 10  2 it is reasonably likely the completion of the services being
 10  3 received in accordance with the permanency plan will eliminate
 10  4 the need for removal of the child or make it possible for the
 10  5 child to safely return to the family's home within six months.
 10  6    (3)  The department has not provided the child's family,
 10  7 consistent with the time frames outlined in the child's case
 10  8 permanency plan, with those services the state deems necessary
 10  9 for the safe return of the child to the child's home, and the
 10 10 limited extension of time necessary to complete the services
 10 11 is clearly documented in the case permanency plan.
 10 12    Sec. 21.  Section 232.111, subsection 3, Code 1997, is
 10 13 amended by adding the following new paragraph after paragraph
 10 14 d and renumbering the subsequent paragraph:
 10 15    NEW PARAGRAPH.  e.  A complete list of the services which
 10 16 have been offered to preserve the family and a statement
 10 17 specifying the services provided to address the reasons stated
 10 18 in any order for removal or in any dispositional or permanency
 10 19 order which did not return the child to the child's home.
 10 20    Sec. 22.  Section 232.112, subsection 1, Code 1997, is
 10 21 amended to read as follows:
 10 22    1.  Persons listed in section 232.111, subsection 3, shall
 10 23 be necessary parties to a termination of parent-child
 10 24 relationship proceeding and are entitled to receive notice and
 10 25 an opportunity to be heard, except that notice may be
 10 26 dispensed with in the case of any such person whose name or
 10 27 whereabouts the court determines is unknown and cannot be
 10 28 ascertained by reasonably diligent search.  In addition to the
 10 29 persons who are necessary parties who may be parties under
 10 30 section 232.111, notice for any hearing under this division
 10 31 shall be provided to the child's foster parent, an individual
 10 32 providing preadoptive care for the child, or a relative
 10 33 providing care for the child.
 10 34    Sec. 23.  Section 232.116, subsection 2, unnumbered
 10 35 paragraph 1, Code 1997, is amended to read as follows:
 11  1    In considering whether to terminate the rights of a parent
 11  2 under this section, the court shall give primary consideration
 11  3 to the child's safety, to the best placement for furthering
 11  4 the long-term nurturing and growth of the child, and to the
 11  5 physical, mental, and emotional condition and needs of the
 11  6 child.  Such This consideration may include any of the
 11  7 following:
 11  8    Sec. 24.  Section 232.117, subsection 3, paragraph c, Code
 11  9 1997, is amended to read as follows:
 11 10    c.  A parent who does not have physical care of the child,
 11 11 other relative, or other suitable person.
 11 12    Sec. 25.  Section 232.117, subsection 4, Code 1997, is
 11 13 amended to read as follows:
 11 14    4.  If after a hearing the court does not order the
 11 15 termination of parental rights but finds that there is clear
 11 16 and convincing evidence that the child is a child in need of
 11 17 assistance, under section 232.2, subsection 6, due to the acts
 11 18 or omissions of one or both of the child's parents the court
 11 19 may adjudicate the child to be a child in need of assistance
 11 20 and may enter an order in accordance with the provisions of
 11 21 sections section 232.100, 232.101, or 232.102, or 232.104.
 11 22    Sec. 26.  Section 232.119, subsection 4, Code 1997, is
 11 23 amended to read as follows:
 11 24    4.  The exchange shall include a matching service for
 11 25 children registered or listed in the adoption photo-listing
 11 26 book and prospective adoptive families listed on the exchange.
 11 27 The department shall register a child with the national
 11 28 electronic exchange and electronic photolisting system if the
 11 29 child has not been placed for adoption after three months on
 11 30 the exchange established pursuant to this section.
 11 31    Sec. 27.  NEW SECTION.  232.120  PREADOPTIVE CARE –
 11 32 CONTINUED PLACEMENT.
 11 33    If a foster parent is providing preadoptive care to a child
 11 34 for whom a termination of parental rights petition has been
 11 35 filed, the placement of the child with that foster parent
 12  1 shall continue through the termination of parental rights
 12  2 proceeding unless the court orders otherwise based upon the
 12  3 best interests of the child.
 12  4    Sec. 28.  Section 232.189, unnumbered paragraph 1, Code
 12  5 1997, is amended to read as follows:
 12  6    Based upon a model reasonable efforts family court
 12  7 initiative, the director of human services and the chief
 12  8 justice of the supreme court or their designees shall jointly
 12  9 establish and implement a statewide protocol for reasonable
 12 10 efforts to prevent or eliminate the need for placement of a
 12 11 child outside the child's home, as defined in section 232.102.
 12 12 In addition, the director and the chief justice shall design
 12 13 and implement a system for judicial and departmental
 12 14 reasonable efforts education for deployment throughout the
 12 15 state.  The system for reasonable efforts education shall be
 12 16 developed in a manner which addresses the particular needs of
 12 17 rural areas and shall include but is not limited to all of the
 12 18 following topics:
 12 19    Sec. 29.  Section 237.8, subsection 2, paragraphs a and b,
 12 20 Code 1997, are amended to read as follows:
 12 21    a.  (1)  If a person is being considered for licensure
 12 22 under this chapter, or for employment involving direct
 12 23 responsibility for a child or with access to a child when the
 12 24 child is alone, by a licensee under this chapter, or if a
 12 25 person will reside in a facility utilized by a licensee, and
 12 26 if the person has been convicted of a crime or has a record of
 12 27 founded child abuse, the department and the licensee for an
 12 28 employee of the licensee shall perform an evaluation to
 12 29 determine whether the crime or founded child abuse warrants
 12 30 prohibition of licensure, employment, or residence in the
 12 31 facility.  The department shall conduct criminal and child
 12 32 abuse record checks in this state and may conduct these checks
 12 33 in other states.  The evaluation shall be performed in
 12 34 accordance with procedures adopted for this purpose by the
 12 35 department.
 13  1    (2)  An individual applying to be a foster parent licensee
 13  2 shall not be granted a license and an evaluation shall not be
 13  3 performed under this subsection if the individual has been
 13  4 convicted of any of the following felony offenses:
 13  5    (a)  Within the five-year period preceding the application
 13  6 date, a drug-related offense.
 13  7    (b)  Child endangerment or neglect or abandonment of a
 13  8 dependent person.
 13  9    (c)  Domestic abuse.
 13 10    (d)  A crime against a child, including but not limited to
 13 11 sexual exploitation of a minor.
 13 12    (e)  A forcible felony.
 13 13    b.  If Except as otherwise provided in paragraph "a", if
 13 14 the department determines that a person has committed a crime
 13 15 or has a record of founded child abuse and is licensed,
 13 16 employed by a licensee, or resides in a licensed facility the
 13 17 department shall notify the licensee that an evaluation will
 13 18 be conducted to determine whether prohibition of the person's
 13 19 licensure, employment, or residence is warranted.
 13 20    Sec. 30.  Section 600.8, subsection 2, paragraph b, Code
 13 21 1997, is amended to read as follows:
 13 22    b.  (1)  The person making the investigation shall not
 13 23 approve a prospective adoption petitioner pursuant to
 13 24 subsection 1, paragraph "a", subparagraph (3), and an
 13 25 evaluation shall not be performed under subparagraph (2), if
 13 26 the petitioner has been convicted of any of the following
 13 27 felony offenses:
 13 28    (a)  Within the five-year period preceding the petition
 13 29 date, a drug-related offense.
 13 30    (b)  Child endangerment or neglect or abandonment of a
 13 31 dependent person.
 13 32    (c)  Domestic abuse.
 13 33    (d)  A crime against a child, including but not limited to
 13 34 sexual exploitation of a minor.
 13 35    (e)  A forcible felony.
 14  1    (2)  The person making the investigation shall not approve
 14  2 a prospective adoption petitioner pursuant to subsection 1,
 14  3 paragraph "a", subparagraph (3), unless an evaluation has been
 14  4 made which considers the nature and seriousness of the crime
 14  5 or founded abuse in relation to the adoption, the time elapsed
 14  6 since the commission of the crime or founded abuse, the
 14  7 circumstances under which the crime or founded abuse was
 14  8 committed, the degree of rehabilitation, and the number of
 14  9 crimes or founded abuse committed by the person involved.
 14 10    Sec. 31.  Section 600.12A, if enacted by the 1998 Iowa
 14 11 Acts, Senate File 2338, is amended by adding the following new
 14 12 subsection:
 14 13    NEW SUBSECTION.  1A.  If the person to be adopted dies
 14 14 following termination of the parental rights of the person's
 14 15 biological parents but prior to the filing of an adoption
 14 16 petition, the person who was the guardian or custodian of the
 14 17 person to be adopted prior to the person's death or the person
 14 18 who was in a parent-child relationship with the person to be
 14 19 adopted prior to the person's death may file an adoption
 14 20 petition and the court in the interest of justice may waive
 14 21 any other procedures or requirements related to the adoption,
 14 22 proceed to the adoption hearing, and issue a final adoption
 14 23 decree, unless any person to whom notice is to be provided
 14 24 pursuant to section 600.11 objects to the adoption.
 14 25    Sec. 32.  PRESERVATION OF REASONABLE PARENTING.  Nothing in
 14 26 this Act is intended to disrupt the family unnecessarily or to
 14 27 intrude inappropriately into family life, to prohibit the use
 14 28 of reasonable methods of parental discipline, or to prescribe
 14 29 a particular method of parenting.  
 14 30 
 14 31 
 14 32                                                             
 14 33                               MARY E. KRAMER
 14 34                               President of the Senate
 14 35 
 15  1 
 15  2                                                             
 15  3                               RON J. CORBETT
 15  4                               Speaker of the House
 15  5 
 15  6    I hereby certify that this bill originated in the Senate and
 15  7 is known as Senate File 2345, Seventy-seventh General Assembly.
 15  8 
 15  9 
 15 10                                                             
 15 11                               MARY PAT GUNDERSON
 15 12                               Secretary of the Senate
 15 13 Approved                , 1998
 15 14 
 15 15 
 15 16                         
 15 17 TERRY E. BRANSTAD
 15 18 Governor
     

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