Text: HF00477 Text: HF00479 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 232.102, Code 1999, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 13. a. In addition to entry of an order
1 4 under this section transferring the custody of a child for
1 5 purposes of placement, the court may require a parent to have
1 6 no contact with the child and with the person responsible for
1 7 the care of the child, persons residing with that person, or
1 8 members of that person's immediate family, except as otherwise
1 9 authorized by the court, if any of the following circumstances
1 10 are applicable:
1 11 (1) The court has determined aggravated circumstances
1 12 exist such as those enumerated in subsection 12 and the court
1 13 has waived the requirement for making reasonable efforts as
1 14 provided in subsection 12.
1 15 (2) The court finds there is probable cause to believe
1 16 that the child's parent may attempt to have contact with the
1 17 child without the consent of the person responsible for the
1 18 care of the child or to interfere with the person responsible
1 19 for the care of the child, or to have contact with the child
1 20 that is not in accordance with the court order.
1 21 b. In addition, the court may order the parent to refrain
1 22 from harassing the child and the person responsible for the
1 23 care of the child, persons residing with that person, or
1 24 members of that person's immediate family.
1 25 c. A no-contact order entered pursuant to this subsection
1 26 shall prevail over any existing order awarding custody or
1 27 visitation rights, that may be in conflict with the no-contact
1 28 order.
1 29 d. The no-contact order shall contain the court's
1 30 directives prohibiting or restricting the parent from having
1 31 contact with the child and the person responsible for the care
1 32 of the child, persons residing with that person, or members of
1 33 that person's immediate family. The order may contain
1 34 authorization for the parent to have supervised visitation
1 35 with the child or for reasonable efforts to be made while
2 1 assuring the protection of the child's health and safety and
2 2 that of the person responsible for the care of the child,
2 3 persons residing with that person, or members of that person's
2 4 immediate family. The clerk of the juvenile court or other
2 5 person designated by the court shall provide a copy of this
2 6 order to the person responsible for the care of the child.
2 7 The order has force and effect until it is modified or
2 8 terminated by subsequent court action.
2 9 e. The clerk of the juvenile court shall also provide
2 10 notice and copies of the no-contact order to the applicable
2 11 law enforcement agencies and the twenty-four hour dispatcher
2 12 for the law enforcement agencies, in the manner provided for
2 13 protective orders under section 236.5. The clerk shall
2 14 provide notice and copies of modifications or vacations of
2 15 these orders in the same manner.
2 16 f. Violation of this no-contact order constitutes contempt
2 17 under chapter 665 and is punishable by summary contempt
2 18 proceedings. A hearing in a contempt proceeding brought
2 19 pursuant to this subsection shall be held not less than five
2 20 and not more than fifteen days after the issuance of a rule to
2 21 show cause, as set by the court. If held in contempt for
2 22 violation of a no-contact order, the person shall be confined
2 23 in the county jail for a minimum of seven days. A term of
2 24 confinement imposed pursuant to this paragraph shall be served
2 25 on consecutive days. No portion of the mandatory minimum term
2 26 of confinement imposed pursuant to this paragraph shall be
2 27 deferred or suspended. The court shall not impose a fine in
2 28 lieu of the minimum term of confinement, although a fine may
2 29 be imposed in addition to the minimum term of confinement.
2 30 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection
2 31 3, shall not apply to this Act.
2 32 EXPLANATION
2 33 This bill relates to child in need of assistance
2 34 dispositional orders for transfer of custody under Code
2 35 section 232.102 by authorizing entry of a no-contact order
3 1 under certain circumstances.
3 2 In addition to the transfer of custody order, the court is
3 3 authorized to issue a no-contact order if the court has
3 4 determined aggravated circumstances exist such as an imminent
3 5 danger to the life of the child or murder of another child of
3 6 the parent and the court has waived the requirement for making
3 7 reasonable efforts to eliminate the need for out-of-home
3 8 placement of the child. The no-contact order may also be
3 9 issued if there is probable cause to believe the parent may
3 10 have contact with the child without consent of the person
3 11 responsible for the care of the child or to interfere with the
3 12 person responsible for the care of the child, or to have
3 13 contact with the child that is not in accordance with the
3 14 court order.
3 15 The parent may also be ordered to refrain from harassment.
3 16 The no-contact order prevails over any conflicting child
3 17 custody and visitation orders. The no-contact order may
3 18 include a provision for supervised visitation or for
3 19 reasonable efforts to be made while assuring the protection of
3 20 the child and others protected by the order. The person
3 21 responsible for the care of the child and local law
3 22 enforcement agencies are to receive copies of the order.
3 23 Violations of the no-contact order constitute contempts
3 24 punishable by a summary contempt of court proceeding with a
3 25 minimum imprisonment in the county jail for seven days or
3 26 more. In addition, a fine may be imposed.
3 27 This bill may include a state mandate as defined in Code
3 28 section 25B.3. This bill makes inapplicable Code section
3 29 25B.2, subsection 3, which would relieve a political
3 30 subdivision from complying with a state mandate if funding for
3 31 the cost of the state mandate is not provided or specified.
3 32 Therefore, political subdivisions are required to comply with
3 33 any state mandate included in this bill.
3 34 LSB 2628HH 78
3 35 jp/jw/5
Text: HF00477 Text: HF00479 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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