Text: HF00171 Text: HF00173 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 1 2 HOUSE FILE 172 1 3 1 4 AN ACT 1 5 RELATING TO ADOPTION PROCEDURAL REQUIREMENTS INCLUDING 1 6 THOSE RELATED TO INVESTIGATIONS, REPORTS, AND COUNSELING. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 600.8, subsection 1, paragraph c, Code 1 11 1999, is amended by striking the paragraph and inserting in 1 12 lieu thereof the following: 1 13 c. A background information investigation and a report of 1 14 the investigation shall be made by the agency, the person 1 15 making an independent placement, or an investigator. The 1 16 background information investigation and report shall not 1 17 disclose the identity of the biological parents of the minor 1 18 person to be adopted. The report shall be completed and filed 1 19 with the court prior to the holding of the adoption hearing 1 20 prescribed in section 600.12. The report shall be in 1 21 substantial conformance with the prescribed medical and social 1 22 history forms designed by the department pursuant to section 1 23 600A.4, subsection 2, paragraph "f". A copy of the background 1 24 information investigation report shall be furnished to the 1 25 adoption petitioners within thirty days after the filing of 1 26 the adoption petition. Any person, including a juvenile 1 27 court, who has gained relevant background information 1 28 concerning a minor person subject to an adoption petition 1 29 shall, upon request, fully cooperate with the conducting of a 1 30 background information investigation by disclosing any 1 31 relevant background information, whether contained in sealed 1 32 records or not. 1 33 Sec. 2. Section 600.8, subsections 4, 5, and 6, Code 1999, 1 34 are amended to read as follows: 1 35 4. A postplacement investigationand a background2 1information investigationand thereports of these2 2investigationsreport of the investigation shall be completed 2 3 andthe reportsfiled with the court prior to the holding of 2 4 the adoption hearing prescribed in section 600.12. Upon the 2 5 filing of an adoption petition pursuant to section 600.5, the 2 6 court shall immediately appoint the department, an agency, or 2 7 an investigator to conduct and complete the postplacementand2 8background information investigations and reportsreport.In2 9addition to filing the background information report with the2 10court prior to the holding of the adoption hearing, the2 11department, agency, or investigator appointed to conduct the2 12background information investigation shall complete the2 13background information investigation and report and furnish a2 14copy to the adoption petitioner within thirty days after the2 15filing of the adoption petition.Any person, including a 2 16 juvenile court, who has gained relevant background information 2 17 concerning a minor person subject to an adoption petition 2 18 shall, upon request, fully co-operate with the conducting of 2 19 thebackground informationpostplacement investigationand2 20reportby disclosing any relevantbackgroundinformation 2 21 requested, whether contained in sealed records or not. 2 22 5. Any person conducting an investigation under 2 23subsectionssubsection 1, paragraph "c", subsection 3,andor 2 24 subsection 4 may, in the investigation or subsequent report, 2 25 include, utilize, or rely upon any reports, studies, or 2 26 examinations to the extent they are relevant. 2 27 6. Any person conducting an investigation under 2 28subsectionssubsection 1, paragraph "c", subsection 3,andor 2 29 subsection 4 may charge a fee which does not exceed the 2 30 reasonable cost of the services rendered and which is based on 2 31 a sliding scale schedule relating to the investigated person's 2 32 ability to pay. 2 33 Sec. 3. Section 600.9, subsection 2, paragraph e, Code 2 34 1999, is amended to read as follows: 2 35 e. Costs of the counseling provided to the biological 3 1 parents prior to the birth of the child, in accordance with3 2section 600A.4, subsection 2,to the biological parentsprior 3 3 to the release of custody, and any counseling provided to the 3 4 biological parents for not more than sixty days after the 3 5 birth of the child. 3 6 Sec. 4. Section 600.15, subsection 1, paragraph c, Code 3 7 1999, is amended by striking the paragraph and inserting in 3 8 lieu thereof the following: 3 9 c. Documentation demonstrating that a child has been 3 10 legally released or approved for adoption by the child's 3 11 country of origin shall be accepted as evidence that 3 12 termination of parental rights has been completed in that 3 13 country and shall be recognized in this state. 3 14 Sec. 5. Section 600.16, subsection 1, unnumbered paragraph 3 15 1, Code 1999, is amended to read as follows: 3 16 Any information compiled under section 600.8, subsection 1, 3 17 paragraph "c",subparagraphs (1) and (2),relating to medical 3 18 and developmental histories shall be made available at any 3 19 time by the clerk of court, the department, or any agency 3 20 which made the placement to: 3 21 Sec. 6. Section 600A.4, subsection 2, paragraph d, Code 3 22 1999, is amended to read as follows: 3 23 d. Shallbe preceded by the offering ofcontain written 3 24 acknowledgment of the biological parents that after the birth 3 25 of the child, three hours of counseling has been offered to 3 26 the biological parents by the agency, the person making an 3 27 independent placement, an investigator as defined in section 3 28 600.2, or other qualified counselor regarding the decision to 3 29 release custody and the alternatives available to the 3 30 biological parentsin disposition of the child. The release 3 31 of custody shall also contain written acknowledgment of the 3 32offering of counseling to the biological parent and of3 33 acceptance or refusal of the counseling. If accepted, the 3 34 counseling shall be provided after the birth of the child and 3 35 prior to the signing of a release of custody or the filing of 4 1 a petition for termination of parental rights as applicable. 4 2 Counseling shall be provided only by a person who is qualified 4 3 under rules adopted by the department of human services which 4 4 shall include a requirement that the person complete a minimum 4 5 number of hours of training in the area of adoption-related 4 6 counseling approved by the departmentor, in the alternative,4 7that the person has a minimum level of experience, as4 8determined by rule of the department, in the provision of4 9adoption-related counseling.TheIf counseling is accepted, 4 10 the counselor shall provide an affidavit, which shall be 4 11 attached to the release of custody, when practicable, 4 12 certifying that the counselor has provided the biological 4 13 parent with the requested counselingor that the biological4 14parent has refused counseling prior to the signing of the4 15release of custodyand documentation that the person is 4 16 qualified to provide the requested counseling as prescribed by 4 17 this paragraph. The requirements of this paragraph do not 4 18 apply to a release of custody which is executed for the 4 19 purposes of a stepparent adoption. 4 20 4 21 4 22 4 23 BRENT SIEGRIST 4 24 Speaker of the House 4 25 4 26 4 27 4 28 MARY E. KRAMER 4 29 President of the Senate 4 30 4 31 I hereby certify that this bill originated in the House and 4 32 is known as House File 172, Seventy-eighth General Assembly. 4 33 4 34 4 35 5 1 ELIZABETH ISAACSON 5 2 Chief Clerk of the House 5 3 Approved , 1999 5 4 5 5 5 6 5 7 THOMAS J. VILSACK 5 8 Governor
Text: HF00171 Text: HF00173 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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