Text: H08119 Text: H08121 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2388 as follows: 1 2 #1. Page 1, by inserting after line 13 the 1 3 following: 1 4 "Sec. . NEW SECTION. 232.6 JURISDICTION – 1 5 ADOPTIONS AND TERMINATIONS OF PARENTAL RIGHTS. 1 6 The court may exercise jurisdiction over adoption 1 7 and termination of parental rights proceedings under 1 8 chapters 600 and 600A." 1 9 #2. Page 1, by inserting after line 26 the 1 10 following: 1 11 "Sec. . Section 600.1, Code 1999, is amended to 1 12 read as follows: 1 13 600.1 CONSTRUCTION. 1 14 This chapter shall be construed liberally. The 1 15 best interest of the person to be adopted shall be the 1 16 paramount consideration in interpreting this chapter. 1 17 However, the interests of the adopting parents shall 1 18 be given due consideration in this interpretation. 1 19 However, in determining the best interest of the 1 20 person to be adopted and the interests of the adopting 1 21 parents, any evidence of interests relating to a 1 22 period of time during which the person to be adopted 1 23 is placed with prospective adoptive parents and during 1 24 which the placement is not in compliance with the law, 1 25 adoption procedures, or any action by the juvenile 1 26 court or court, shall not be considered in the 1 27 determination. 1 28 Sec. . Section 600.3, Code 1999, is amended to 1 29 read as follows: 1 30 600.3 COMMENCEMENT OF ADOPTION ACTION – 1 31 JURISDICTION – FORUM NON CONVENIENS. 1 32 1. An action for the adoption of any natural 1 33 person shall be commenced by the filing of an adoption 1 34 petition, as prescribed in section 600.5, in the 1 35 juvenile court or court of the county in which an 1 36 adult person to be adopted is domiciled or resides, or 1 37 in the juvenile court or court of the county in which 1 38 the guardian of a minor person to be adopted or the 1 39 petitioner is domiciled or resides. 1 40 2. An adoption petition shall not be filed until a 1 41 termination of parental rights has been accomplished 1 42 except in the following cases: 1 43 a. No termination of parental rights is required 1 44 if the person to be adopted is an adult. 1 45 b. If the stepparent of the child to be adopted is 1 46 the adoption petitioner, the parent-child relationship 1 47 between the child and the parent who is not the spouse 1 48 of the petitioner may be terminated as part of the 1 49 adoption proceeding by the filing of that parent's 1 50 consent to the adoption. 2 1 For the purposes of this subsection, a consent to 2 2 adopt recognized by the juvenile courts or courts of 2 3 another jurisdiction in the United States and obtained 2 4 from a resident of that jurisdiction shall be accepted 2 5 in this state in lieu of a termination of parental 2 6 rights proceeding. 2 7 Any adoption proceeding pending on or completed 2 8 prior to July 1, 1978, is hereby legalized and 2 9 validated to the extent that it is consistent with 2 10 this subsection. 2 11 3. If upon filing of the adoption petition or at 2 12 any later time in the adoption action the juvenile 2 13 court or court finds that in the interest of 2 14 substantial justice the adoption action should be 2 15 conducted in another juvenile court or court, it may 2 16 transfer, stay, or dismiss the adoption action on any 2 17 conditions that are just. 2 18 Sec. . Section 600.4, subsection 3, paragraph 2 19 c, Code 1999, is amended to read as follows: 2 20 c. Is unable to petition with the other spouse 2 21 because of the prolonged and unexplained absence, 2 22 unavailability, or incapacity of the other spouse, or 2 23 because of an unreasonable withholding of joinder by 2 24 the other spouse, as determined by the juvenile court 2 25 or court under section 600.5, subsection 7. 2 26 Sec. . Section 600.5, unnumbered paragraph 1, 2 27 Code 1999, is amended to read as follows: 2 28 An adoption petition shall be signed and verified 2 29 by the petitioner, shall be filed with the juvenile 2 30 court or court designated in section 600.3, and shall 2 31 state: 2 32 Sec. . Section 600.5, subsection 7, Code 1999, 2 33 is amended to read as follows: 2 34 7. A designation of the particular provision in 2 35 section 600.4 under which the petitioner is qualified 2 36 to adopt and, if under section 600.4, subsection 3, 2 37 paragraph "c", a request that the juvenile court or 2 38 court approve the petitioner's qualification to adopt. 2 39 Sec. . Section 600.7, subsection 1, unnumbered 2 40 paragraph 1, Code 1999, is amended to read as follows: 2 41 An adoption petition shall not be granted unless 2 42 the following persons consent to the adoption or 2 43 unless the juvenile court or court makes a 2 44 determination under subsection 4: 2 45 Sec. . Section 600.7, subsection 2, paragraphs 2 46 a and b, Code 1999, are amended to read as follows: 2 47 a. If by any minor person to be adopted who is 2 48 fourteen years of age or older, in the presence of the 2 49 juvenile court or court in which the adoption petition 2 50 is filed. 3 1 b. If by any other person, either in the presence 3 2 of the juvenile court or court in which the adoption 3 3 petition is filed or before a notary public. 3 4 Sec. . Section 600.7, subsections 3 and 4, Code 3 5 1999, are amended to read as follows: 3 6 3. A consent to the adoption may be withdrawn 3 7 prior to the issuance of an adoption decree under 3 8 section 600.13 by the filing of an affidavit of 3 9 consent withdrawal with the juvenile court or court. 3 10 Such affidavit shall be treated in the same manner as 3 11 an attached verified statement is treated under 3 12 subsection 4. 3 13 4. If any person required to consent under this 3 14 section refuses to or cannot be located to give 3 15 consent, the petitioner may attach to the petition a 3 16 verified statement of such refusal or lack of 3 17 location. The juvenile court or court shall then 3 18 determine, at the adoption hearing prescribed in 3 19 section 600.12, whether, in the best interests of the 3 20 person to be adopted and the petitioner, any 3 21 particular consent shall be unnecessary to the 3 22 granting of an adoption petition. 3 23 Sec. . Section 600.8, subsection 2, paragraph 3 24 a, Code 1999, is amended to read as follows: 3 25 a. A preplacement investigation and report of the 3 26 investigation shall be completed and the prospective 3 27 adoption petitioner approved for a placement by the 3 28 person making the investigation prior to any agency or 3 29 independent placement of a minor person in the 3 30 petitioner's home in anticipation of an ensuing 3 31 adoption. A report of a preplacement investigation 3 32 that has approved a prospective adoption petitioner 3 33 for a placement shall not authorize placement of a 3 34 minor person with that petitioner after one year from 3 35 the date of the report's issuance. However, if the 3 36 prospective adoption petitioner is a relative within 3 37 the fourth degree of consanguinity who has assumed 3 38 custody of a minor person to be adopted, a 3 39 preplacement investigation of this petitioner and a 3 40 report of the investigation may be completed at a time 3 41 established by the juvenile court or court or may be 3 42 waived as provided in subsection 12. 3 43 Sec. . Section 600.8, subsections 4, 7, 8, 9, 3 44 and 12, Code Supplement 1999, are amended to read as 3 45 follows: 3 46 4. A postplacement investigation and the report of 3 47 the investigation shall be completed and filed with 3 48 the court prior to the holding of the adoption hearing 3 49 prescribed in section 600.12. Upon the filing of an 3 50 adoption petition pursuant to section 600.5, the 4 1 juvenile court or court shall immediately appoint the 4 2 department, an agency, or an investigator to conduct 4 3 and complete the postplacement report. Any person, 4 4 including a juvenile court, who has gained relevant 4 5 background information concerning a minor person 4 6 subject to an adoption petition shall, upon request, 4 7 fully cooperate with the conducting of the 4 8 postplacement investigation by disclosing any relevant 4 9 information requested, whether contained in sealed 4 10 records or not. 4 11 7. Any investigation or report required under this 4 12 section shall not apply when the person to be adopted 4 13 is an adult or when the prospective adoption 4 14 petitioner or adoption petitioner is a stepparent of 4 15 the person to be adopted. However, in the case of a 4 16 stepparent adoption, the juvenile court or court, upon 4 17 the request of an interested person or on its own 4 18 motion stating the reasons therefor of record, may 4 19 order an investigation or report pursuant to this 4 20 section. 4 21 8. Any person designated to make an investigation 4 22 and report under this section may request an agency or 4 23 state agency, within or outside this state, to conduct 4 24 a portion of the investigation or the report, as may 4 25 be appropriate, and to file a supplemental report of 4 26 such investigation or report with the juvenile court 4 27 or court. In the case of the adoption of a minor 4 28 person by a person domiciled or residing in any other 4 29 jurisdiction of the United States, any investigation 4 30 or report required under this section which has been 4 31 conducted pursuant to the standards of that other 4 32 jurisdiction shall be recognized in this state. 4 33 9. The department may investigate, on its own 4 34 initiative or on order of the juvenile court or court, 4 35 any placement made or adoption petition filed under 4 36 this chapter or chapter 600A and may report its 4 37 resulting recommendation to the juvenile court or 4 38 court. 4 39 12. Any investigation and report required under 4 40 subsection 1 of this section may be waived by the 4 41 juvenile court or court if the adoption petitioner is 4 42 related within the fourth degree of consanguinity to 4 43 the person to be adopted. 4 44 Sec. . Section 600.9, subsection 2, unnumbered 4 45 paragraph 1, Code Supplement 1999, is amended to read 4 46 as follows: 4 47 An adoption petitioner of a minor person shall file 4 48 with the juvenile court or court, prior to the 4 49 adoption hearing, a full accounting of all 4 50 disbursements of any thing of value paid or agreed to 5 1 be paid by or on behalf of the petitioner in 5 2 connection with the petitioned adoption. This 5 3 accounting shall be made by a report prescribed by the 5 4 juvenile court or court and shall be signed and 5 5 verified by the petitioner. Only expenses incurred in 5 6 connection with the following and any other expenses 5 7 approved by the juvenile court or court are allowable: 5 8 Sec. . Section 600.10, Code Supplement 1999, is 5 9 amended to read as follows: 5 10 600.10 MINIMUM RESIDENCE OF A MINOR CHILD. 5 11 The adoption of a minor person shall not be decreed 5 12 until that person has lived with the adoption 5 13 petitioner for a minimum residence period of one 5 14 hundred eighty days. However, the juvenile court or 5 15 court may waive this period if the adoption petitioner 5 16 is a stepparent or related to the minor person within 5 17 the fourth degree of consanguinity or may shorten this 5 18 period upon good cause shown when the juvenile court 5 19 or court is satisfied that the adoption petitioner and 5 20 the person to be adopted are suited to each other. 5 21 Sec. . Section 600.11, subsections 1 and 3, 5 22 Code 1999, are amended to read as follows: 5 23 1. The juvenile court or court shall set the time 5 24 and place of the adoption hearing prescribed in 5 25 section 600.12 upon application of the petitioner. 5 26 The juvenile court or court may continue the adoption 5 27 hearing if the notice prescribed in subsections 2 and 5 28 3 is given, except that such notice shall only be 5 29 given at least ten days prior to the date which has 5 30 been set for the continuation of the adoption hearing. 5 31 3. A notice of the adoption hearing shall state 5 32 the time, place, and purpose of the hearing and shall 5 33 be served in accordance with rule of civil procedure 5 34 56.1. Proof of the giving of notice shall be filed 5 35 with the juvenile court or court prior to the adoption 5 36 hearing. Acceptance of service by the party being 5 37 given notice shall satisfy the requirements of this 5 38 subsection. 5 39 Sec. . Section 600.12, subsections 2 and 3, 5 40 Code 1999, are amended to read as follows: 5 41 2. Only those persons notified under section 5 42 600.11 and their witnesses and legal counsel or 5 43 persons requested by the juvenile court or court to be 5 44 present shall be admitted to the court chambers while 5 45 an adoption hearing is being conducted. The adoption 5 46 petitioner and the person to be adopted shall be 5 47 present at the hearing, unless the presence of either 5 48 is excused by the juvenile court or court. 5 49 3. Any person admitted to the hearing shall be 5 50 heard and allowed to present evidence upon request and 6 1 according to the manner in which the juvenile court or 6 2 court conducts the hearing. 6 3 Sec. . Section 600.12A, subsections 1 and 2, 6 4 Code 1999, are amended to read as follows: 6 5 1. If the person to be adopted dies following the 6 6 filing of an adoption petition pursuant to section 6 7 600.3, but prior to issuance of a final adoption 6 8 decree pursuant to section 600.13, the juvenile court 6 9 or court may waive any investigations and reports 6 10 required pursuant to section 600.8 that remain 6 11 uncompleted, waive the minimum residence requirements 6 12 pursuant to section 600.10, proceed to the adoption 6 13 hearing, and issue a final adoption decree, unless any 6 14 person to whom notice is to be provided pursuant to 6 15 section 600.11 objects to the adoption. 6 16 2. If the person to be adopted dies following 6 17 termination of the parental rights of the person's 6 18 biological parents but prior to the filing of an 6 19 adoption petition, the person who was the guardian or 6 20 custodian of the person to be adopted prior to the 6 21 person's death or the person who was in a parent-child 6 22 relationship with the person to be adopted prior to 6 23 the person's death may file an adoption petition and 6 24 the juvenile court or court in the interest of justice 6 25 may waive any other procedures or requirements related 6 26 to the adoption, proceed to the adoption hearing, and 6 27 issue a final adoption decree, unless any person to 6 28 whom notice is to be provided pursuant to section 6 29 600.11 objects to the adoption. 6 30 Sec. . Section 600.13, subsections 1, 2, 3, and 6 31 5, Code Supplement 1999, are amended to read as 6 32 follows: 6 33 1. At the conclusion of the adoption hearing, the 6 34 juvenile court or court shall do one of the following: 6 35 a. Issue a final adoption decree;. 6 36 b. Issue an interlocutory adoption decree; or,. 6 37 c. Dismiss the adoption petition if the 6 38 requirements of this Act have not been met or if 6 39 dismissal of the adoption petition is in the best 6 40 interest of the person whose adoption has been 6 41 petitioned. Upon dismissal, the juvenile court or 6 42 court shall determine who is to be guardian or 6 43 custodian of a minor child, including the adoption 6 44 petitioner if it is in the best interest of the minor 6 45 person whose adoption has been petitioned. 6 46 2. An interlocutory adoption decree automatically 6 47 becomes a final adoption decree at a date specified by 6 48 the juvenile court or court in the interlocutory 6 49 adoption decree, which date shall not be less than one 6 50 hundred eighty days nor more than three hundred sixty 7 1 days from the date the interlocutory decree is issued. 7 2 However, an interlocutory adoption decree may be 7 3 vacated prior to the date specified for it to become 7 4 final. Also, the juvenile court or court may provide 7 5 in the interlocutory adoption decree for further 7 6 observation, investigation, and report of the 7 7 conditions of and the relationships between the 7 8 adoption petitioner and the person petitioned to be 7 9 adopted. 7 10 3. If an interlocutory adoption decree is vacated 7 11 under subsection 2, it shall be void from the date of 7 12 issuance and the rights, duties, and liabilities of 7 13 all persons affected by it shall, unless they have 7 14 become vested, be governed accordingly. Upon vacation 7 15 of an interlocutory adoption decree, the juvenile 7 16 court or court shall proceed under the provisions of 7 17 subsection 1, paragraph "c". 7 18 5. An interlocutory or a final adoption decree 7 19 shall be entered with the clerk ofthecourt. Such 7 20 decree shall set forth any facts of the adoption 7 21 petition which have been proven to the satisfaction of 7 22 the juvenile court or court and any other facts 7 23 considered to be relevant by the juvenile court or 7 24 court and shall grant the adoption petition. If so 7 25 designated in the adoption decree, the name of the 7 26 adopted person shall be changed by issuance of that 7 27 decree. The clerk ofthecourt shall, within thirty 7 28 days of issuance, deliver one certified copy of any 7 29 adoption decree to the petitioner, one copy of any 7 30 adoption decree to the department and any agency or 7 31 person making an independent placement who placed a 7 32 minor person for adoption, and one certification of 7 33 adoption as prescribed in section 144.19 to the state 7 34 registrar of vital statistics. Upon receipt of the 7 35 certification, the state registrar shall prepare a new 7 36 birth certificate pursuant to section 144.23 and 7 37 deliver to the parents named in the decree and any 7 38 adult person adopted by the decree a copy of the new 7 39 birth certificate. The parents shall pay the fee 7 40 prescribed in section 144.46. If the person adopted 7 41 was born outside the state, the state registrar shall 7 42 forward the certification of adoption to the 7 43 appropriate agency in the state or foreign nation of 7 44 birth. A copy of any interlocutory adoption decree 7 45 vacation shall be delivered and another birth 7 46 certificate shall be prepared in the same manner as a 7 47 certification of adoption is delivered and the birth 7 48 certificate was originally prepared. 7 49 Sec. . Section 600.15, subsection 1, paragraphs 7 50 a and b, Code Supplement 1999, are amended to read as 8 1 follows: 8 2 a. A decree establishing a parent-child 8 3 relationship by adoption which is issued pursuant to 8 4 due process of law by a juvenile court or court of any 8 5 other jurisdiction in the United States shall be 8 6 recognized in this state. 8 7 b. A decree terminating a parent-child 8 8 relationship which is issued pursuant to due process 8 9 of law by a juvenile court or court of any other 8 10 jurisdiction in the United States shall be recognized 8 11 in this state. 8 12 Sec. . Section 600.16A, subsection 2, 8 13 paragraphs b and c, Code 1999, are amended to read as 8 14 follows: 8 15 b. The juvenile court or court, for good cause, 8 16 shall order the opening of the permanent adoption 8 17 record of the juvenile court or court for the adopted 8 18 person who is an adult and reveal the names of either 8 19 or both of the biological parents following 8 20 consideration of both of the following: 8 21 (1) A biological parent may file an affidavit 8 22 requesting that the juvenile court or court reveal or 8 23 not reveal the parent's identity. The juvenile court 8 24 or court shall consider any such affidavit in 8 25 determining whether there is good cause to order 8 26 opening of the records. To facilitate the biological 8 27 parents in filing an affidavit, the department shall, 8 28 upon request of a biological parent, provide the 8 29 biological parent with an adoption information packet 8 30 containing an affidavit for completion and filing with 8 31 the juvenile court or court. 8 32 (2) If the adopted person who applies for 8 33 revelation of the biological parents' identity has a 8 34 sibling who is a minor and who has been adopted by the 8 35 same parents, the juvenile court or court may deny the 8 36 application on the grounds that revelation to the 8 37 applicant may also indirectly and harmfully permit the 8 38 same revelation to the applicant's minor sibling. 8 39 c. A biological sibling of an adopted person may 8 40 file or may request that the department file an 8 41 affidavit in the juvenile court or court in which the 8 42 adopted person's adoption records have been sealed 8 43 requesting that the juvenile court or court reveal or 8 44 not reveal the sibling's name to the adopted person. 8 45 The juvenile court or court shall consider any such 8 46 affidavit in determining whether there is good cause 8 47 to order opening of the records upon application for 8 48 revelation by the adopted person. However, the name 8 49 of the biological sibling shall not be revealed until 8 50 the biological sibling has attained majority. 9 1 Sec. . Section 600.16A, subsection 3, paragraph 9 2 b, unnumbered paragraph 3, Code 1999, is amended to 9 3 read as follows: 9 4 Notwithstanding the provisions of this subsection, 9 5 if the adult adopted person has a sibling who is a 9 6 minor and who has also been adopted by the same 9 7 parents, the department, the clerk of court, or the 9 8 agency which made the placement may deny the request 9 9 of either the adult adopted person or the biological 9 10 parent to open the adoption records and to reveal the 9 11 identities of the parties pending determination by the 9 12 juvenile court or court that there is good cause to 9 13 open the records pursuant to subsection 2. 9 14 Sec. . Section 600.16A, subsection 4, Code 9 15 1999, is amended to read as follows: 9 16 4. An adopted person whose adoption became final 9 17 prior to July 4, 1941, and whose adoption record was 9 18 not required to be sealed at the time when the 9 19 adoption record was completed, shall not be required 9 20 to show good cause for an order opening the adoption 9 21 record under this subsection, provided that the 9 22 juvenile court or court shall consider any affidavit 9 23 filed under this subsection. 9 24 Sec. . Section 600.18, unnumbered paragraph 1, 9 25 Code 1999, is amended to read as follows: 9 26 Any prospective adoptive parent desiring financial 9 27 assistance shall state this fact in the petition for 9 28 adoption. The department of human services shall 9 29 investigate the person petitioning for adoption and 9 30 the child and shall file with the juvenile court or 9 31 court a statement of whether the department will 9 32 provide assistance as provided in sections 600.17 to 9 33 600.22, the estimated amount, extent, and duration of 9 34 assistance, and any other information the juvenile 9 35 court or court may order. 9 36 Sec. . Section 602.8102, subsections 42 and 43, 9 37 Code Supplement 1999, are amended to read as follows: 9 38 42. Serve as clerk of the juvenile court and carry 9 39 out duties as provided in chapter 232 and article 7 of 9 40 this chapter. 9 41 43. Submit to the director of the division of 9 42 child and family services of the department of human 9 43 services a duplicate of the findings of thedistrict9 44 court related to adoptions as provided in section 9 45 235.3, subsection 7." 9 46 #3. Title page, line 1, by striking the word 9 47 "concurrent". 9 48 #4. Title page, line 3, by inserting after the 9 49 word "orders" the following: "and relating to 9 50 adoption and termination of parental rights 10 1 proceedings". 10 2 10 3 10 4 10 5 SHOULTZ of Black Hawk 10 6 HF 2388.301 78 10 7 pf/cf
Text: H08119 Text: H08121 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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