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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