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House Amendment 1281

Amendment Text

PAG LIN
  1  1    Amend House File 567 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  232.158A  LEGAL RISK
  1  5 PLACEMENT.
  1  6    1.  Notwithstanding any provision of the interstate
  1  7 compact on the placement of children to the contrary,
  1  8 the department of human services shall permit the
  1  9 legal risk placement of a child under the interstate
  1 10 compact on the placement of children, if the
  1 11 prospective adoptive parent provides a legal risk
  1 12 statement, in writing, acknowledging all of the
  1 13 following:
  1 14    a.  That the placement is a legal risk placement.
  1 15    b.  That the court of the party state of the
  1 16 sending agency retains jurisdiction over the child for
  1 17 purposes of the termination of the parental rights of
  1 18 the biological parents.
  1 19    c.  That if termination of parental rights cannot
  1 20 be accomplished in accordance with applicable laws,
  1 21 the child shall be promptly returned to the party
  1 22 state of the sending agency to be returned to the
  1 23 child's biological parent or placed as deemed
  1 24 appropriate by a court of the party state of the
  1 25 sending agency.
  1 26    d.  That the prospective adoptive parent assumes
  1 27 full legal, financial, and other risks associated with
  1 28 the legal risk placement and that the prospective
  1 29 adoptive parent agrees to hold the department of human
  1 30 services harmless for any disruption or failure of the
  1 31 placement.
  1 32    e.  That the prospective adoptive parent shall
  1 33 provide support and medical and other appropriate care
  1 34 to the child pending the termination of parental
  1 35 rights of the biological parents and shall assume
  1 36 liability for all costs associated with the return of
  1 37 the child to the party state of the sending agency if
  1 38 the placement is disrupted or fails.
  1 39    2.  Any written legal risk statement utilized in
  1 40 establishing a legal risk placement shall, at a
  1 41 minimum, state all of the information required under
  1 42 subsection 1, shall be signed by any prospective
  1 43 adoptive parent, and shall be notarized.  The legal
  1 44 risk statement shall also contain the following notice
  1 45 printed in clearly legible type:  If termination of
  1 46 parental rights is not accomplished and return of the
  1 47 child to the biological parent is required, the
  1 48 prospective adoptive parents are encouraged to seek
  1 49 mental health counseling to address any resulting
  1 50 psychological or family problems.
  2  1    3.  For the purposes of this section, "legal risk
  2  2 placement" means the placement of a child, who is to
  2  3 be adopted, with a prospective adoptive parent prior
  2  4 to the termination of parental rights of the
  2  5 biological parents, under which the prospective
  2  6 adoptive parent assumes the risk that, if the parental
  2  7 rights of the biological parents are not terminated,
  2  8 the child shall be returned to the biological parents
  2  9 or placed as deemed appropriate by a court of the
  2 10 party state of the sending agency, and under which the
  2 11 prospective adoptive parent assumes other risks and
  2 12 liabilities specified in a written agreement." 
  2 13 
  2 14 
  2 15                               
  2 16 CARROLL of Poweshiek 
  2 17 HF 567.702 79
  2 18 pf/cls
     

Text: H01280                            Text: H01282
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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