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Senate File 2387

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 600.8, subsection 1, paragraph c, Code
  1  2 1997, is amended by striking the paragraph and inserting in
  1  3 lieu thereof the following:
  1  4    c.  A background information investigation and a report of
  1  5 the investigation shall be made by the agency, the person
  1  6 making an independent placement, or an investigator.  The
  1  7 background information investigation and report shall not
  1  8 disclose the identity of the biological parents of the minor
  1  9 person to be adopted.  The report shall be completed and filed
  1 10 with the court prior to the holding of the adoption hearing
  1 11 prescribed in section 600.12.  The report shall be in
  1 12 substantial conformance with the prescribed medical and social
  1 13 history forms designed by the department pursuant to section
  1 14 600A.4, subsection 2, paragraph "f".  A copy of the background
  1 15 information investigation report shall be furnished to the
  1 16 adoption petitioners within thirty days after the filing of
  1 17 the adoption petition.  Any person, including a juvenile
  1 18 court, who has gained relevant background information
  1 19 concerning a minor person subject to an adoption petition
  1 20 shall, upon request, fully cooperate with the conducting of a
  1 21 background information investigation by disclosing any
  1 22 relevant background information, whether contained in sealed
  1 23 records or not.
  1 24    Sec. 2.  Section 600.8, subsection 4, Code 1997, is amended
  1 25 to read as follows:
  1 26    4.  A postplacement investigation and a background
  1 27 information investigation and the reports of these
  1 28 investigations report of the investigation shall be completed
  1 29 and the reports filed with the court prior to the holding of
  1 30 the adoption hearing prescribed in section 600.12.  Upon the
  1 31 filing of an adoption petition pursuant to section 600.5, the
  1 32 court shall immediately appoint the department, an agency, or
  1 33 an investigator to conduct and complete the postplacement and
  1 34 background information investigations and reports report.  In
  1 35 addition to filing the background information report with the
  2  1 court prior to the holding of the adoption hearing, the
  2  2 department, agency, or investigator appointed to conduct the
  2  3 background information investigation shall complete the
  2  4 background information investigation and report and furnish a
  2  5 copy to the adoption petitioner within thirty days after the
  2  6 filing of the adoption petition.  Any person, including a
  2  7 juvenile court, who has gained relevant background information
  2  8 concerning a minor person subject to an adoption petition
  2  9 shall, upon request, fully co-operate with the conducting of
  2 10 the background information postplacement investigation and
  2 11 report by disclosing any relevant background information
  2 12 requested, whether contained in sealed records or not.
  2 13    Sec. 3.  Section 600.9, subsection 2, paragraph e, Code
  2 14 1997, is amended to read as follows:
  2 15    e.  Costs of the counseling provided to the biological
  2 16 parents prior to the birth of the child, in accordance with
  2 17 section 600A.4, subsection 2, to the biological parents prior
  2 18 to the release of custody, and any counseling provided to the
  2 19 biological parents for not more than sixty days after the
  2 20 birth of the child.
  2 21    Sec. 4.  Section 600.16, subsection 1, unnumbered paragraph
  2 22 1, Code 1997, is amended to read as follows:
  2 23    Any information compiled under section 600.8, subsection 1,
  2 24 paragraph "c", subparagraphs (1) and (2), relating to medical
  2 25 and developmental histories shall be made available at any
  2 26 time by the clerk of court, the department, or any agency
  2 27 which made the placement to:
  2 28    Sec. 5.  Section 600A.4, subsection 2, paragraph d, Code
  2 29 1997, is amended to read as follows:
  2 30    d.  Shall be preceded by the offering of contain written
  2 31 acknowledgment of the biological parents that after the birth
  2 32 of the child, three hours of counseling has been offered to
  2 33 the biological parents by the agency, the person making an
  2 34 independent placement, an investigator as defined in section
  2 35 600.2, or other qualified counselor regarding the decision to
  3  1 release custody and the alternatives available to the
  3  2 biological parents in disposition of the child.  The release
  3  3 of custody shall also contain written acknowledgment of the
  3  4 offering of counseling to the biological parent and of
  3  5 acceptance or refusal of the counseling.  If refused, the
  3  6 biological parents shall be provided with written information
  3  7 regarding the rights and responsibilities associated with
  3  8 releasing custody and including the information that would
  3  9 have been provided to the biological parents if the biological
  3 10 parents had accepted the offer of counseling.  The written
  3 11 information provided shall be developed by the department, in
  3 12 the form of a checklist, to facilitate discussion between the
  3 13 biological parents and the agency or person making an
  3 14 independent placement.  The written information shall include
  3 15 but is not limited to information regarding adoption records
  3 16 and the release of information contained in adoption records;
  3 17 the permanency of the release of custody, termination of
  3 18 parental rights, and adoption; and an explanation of the legal
  3 19 proceedings and results of the legal proceedings as the
  3 20 proceedings affect the parties to a release of custody,
  3 21 termination of parental rights, and adoption.  If accepted,
  3 22 the counseling shall be provided after the birth of the child
  3 23 and prior to the signing of a release of custody or the filing
  3 24 of a petition for termination of parental rights as
  3 25 applicable.  Counseling shall be provided only by a person who
  3 26 is qualified under rules adopted by the department of human
  3 27 services which shall include a requirement that the person
  3 28 complete a minimum number of hours of training in the area of
  3 29 adoption-related counseling approved by the department or, in
  3 30 the alternative, that the person has a minimum level of
  3 31 experience, as determined by rule of the department, in the
  3 32 provision of adoption-related counseling.  The If counseling
  3 33 is accepted, the counselor shall provide an affidavit, which
  3 34 shall be attached to the release of custody, when practicable,
  3 35 certifying that the counselor has provided the biological
  4  1 parent with the requested counseling or that the biological
  4  2 parent has refused counseling prior to the signing of the
  4  3 release of custody and documentation that the person is
  4  4 qualified to provide the requested counseling as prescribed by
  4  5 this paragraph.  The requirements of this paragraph do not
  4  6 apply to a release of custody which is executed for the
  4  7 purposes of a stepparent adoption.  
  4  8                           EXPLANATION 
  4  9    This bill makes changes relating to adoption
  4 10 investigations, reports, and counseling.  The requirements of
  4 11 a postplacement investigation and a background information
  4 12 investigation, which were previously included in the same
  4 13 subsection, are rewritten separately.  The bill specifies the
  4 14 individuals who may perform a background information
  4 15 investigation and report, requires that the report be filed
  4 16 with the court prior to the adoption hearing, and requires
  4 17 that a copy of the report be provided to the adoption
  4 18 petitioner within 30 days after the filing of the adoption
  4 19 petition.  The language relating to the postplacement
  4 20 investigation and report of the investigation is rewritten to
  4 21 specify that the individual who completes the investigation
  4 22 and report is an investigator who is to be appointed by the
  4 23 court following the filing of an adoption petition.  The
  4 24 language pertaining to the offering of three hours of
  4 25 counseling prior to a decision to release custody is also
  4 26 rewritten and specifies by whom the counseling may be offered,
  4 27 requires written acknowledgment of the offering and the
  4 28 acceptance or refusal of counseling by the biological parents,
  4 29 and provides that, when practicable, the person who provides
  4 30 counseling is to provide an affidavit certifying that
  4 31 counseling was provided.  The language pertaining to the
  4 32 offering of counseling also includes a requirement that if the
  4 33 biological parents refuse the offer of counseling, certain
  4 34 information is to be provided to them, in writing.  
  4 35 LSB 3916SV 77
  5  1 pf/jl/8
     
Text: SF02386                           Text: SF02388
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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