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House Amendment 1453

Amendment Text

PAG LIN
  1  1    Amend House File 567, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 2, by inserting after line 16, the
  1  4 following:
  1  5    "Sec.    .  Section 600.3, subsection 2, Code 2001,
  1  6 is amended by adding the following new paragraph:
  1  7    NEW PARAGRAPH.  c.  A termination of parental
  1  8 rights order is not required prior to the filing of an
  1  9 adoption petition if the adoption is a standby
  1 10 adoption as defined in section 600.14A.
  1 11    Sec. 2.  Section 600.6, Code 2001, is amended by
  1 12 adding the following new subsection:
  1 13    NEW SUBSECTION.  5.  In the case of a standby
  1 14 adoption as defined in section 600.14A, a form
  1 15 completed by the terminally ill parent consenting to
  1 16 termination of parental rights and adoption of the
  1 17 child by a person or persons specified in the consent
  1 18 form, effective at a future date when the terminally
  1 19 ill parent of the child has died or requests that a
  1 20 final adoption decree be issued.
  1 21    Sec. 3.  Section 600.13, subsection 1, Code 2001,
  1 22 is amended by adding the following new paragraph after
  1 23 paragraph "b" and relettering the subsequent
  1 24 paragraph:
  1 25    NEW PARAGRAPH.  bb.  Issue a standby adoption
  1 26 decree pursuant to section 600.14A.
  1 27    Sec. 4.  NEW SECTION.  600.14A  STANDBY ADOPTION.
  1 28    1.  As used in this section:
  1 29    a.  "Standby adoption" means an adoption in which a
  1 30 terminally ill parent consents to termination of
  1 31 parental rights and the issuance of a final adoption
  1 32 decree effective upon the occurrence of a future
  1 33 event, which is either the death of the terminally ill
  1 34 parent or the request of the parent for the issuance
  1 35 of a final adoption decree.
  1 36    b.  "Terminally ill parent" means an individual who
  1 37 has a medical prognosis by a licensed physician that
  1 38 the individual has an incurable and irreversible
  1 39 condition which will lead to death.
  1 40    2.  A terminally ill parent may consent to
  1 41 termination of parental rights and adoption of a child
  1 42 under a standby adoption if the other parent of the
  1 43 child is not living or the other parent has previously
  1 44 had the parent's parental rights terminated.
  1 45    3.  A person who meets the qualifications to file
  1 46 an adoption petition pursuant to section 600.4 may
  1 47 file a petition for standby adoption.  A standby
  1 48 adoption shall comply with the requirements of
  1 49 sections 600.7 through 600.12.  However, the court may
  1 50 order that the completion of placement investigations
  2  1 and reports be expedited based on the circumstances of
  2  2 a particular case.  The court may waive the minimum
  2  3 residence period requirement pursuant to section
  2  4 600.10 to expedite the standby adoption if necessary.
  2  5    4.  If a consent to a standby adoption is attached
  2  6 to an adoption petition pursuant to section 600.6, the
  2  7 court determines that the requirements of this chapter
  2  8 relative to a standby adoption are met, and the court
  2  9 determines that the standby adoption is in the best
  2 10 interest of the child to be adopted, the court shall
  2 11 issue a standby adoption decree or a final adoption
  2 12 decree.  However, the terminally ill parent's parental
  2 13 rights shall not be terminated and the standby
  2 14 adoption shall not be finalized until the death of the
  2 15 terminally ill parent or the request of the terminally
  2 16 ill parent for issuance of the final adoption decree.
  2 17    5.  A standby adoption decree shall become final
  2 18 upon notice of the death of the terminally ill parent
  2 19 or upon the terminally ill parent's request that a
  2 20 final adoption decree be issued.  If the court
  2 21 determines at the time of the notice or request that
  2 22 the standby adoption is still in the best interest of
  2 23 the child, the court shall issue a final adoption
  2 24 decree."
  2 25    #2.  Title page, line 1, by inserting after the
  2 26 word "Act" the following:  "relating to adoption
  2 27 including providing for standby adoptions and".
  2 28    #3.  By renumbering as necessary.  
  2 29 HF 567S
  2 30 pf/cc/26
     

Text: H01452                            Text: H01454
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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