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