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House File 567

Partial Bill History

Bill Text

PAG LIN
  1  1                                             HOUSE FILE 567
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO ADOPTION INCLUDING PROVIDING FOR STANDBY ADOPTIONS
  1  5    AND PROVIDING FOR A LEGAL RISK WAIVER IN INTERSTATE ADOPTIONS.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  NEW SECTION.  232.158A  LEGAL RISK PLACEMENT.
  1 10    1.  Notwithstanding any provision of the interstate compact
  1 11 on the placement of children to the contrary, the department
  1 12 of human services shall permit the legal risk placement of a
  1 13 child under the interstate compact on the placement of
  1 14 children, if the prospective adoptive parent provides a legal
  1 15 risk statement, in writing, acknowledging all of the
  1 16 following:
  1 17    a.  That the placement is a legal risk placement.
  1 18    b.  That the court of the party state of the sending agency
  1 19 retains jurisdiction over the child for purposes of the
  1 20 termination of the parental rights of the biological parents.
  1 21    c.  That if termination of parental rights cannot be
  1 22 accomplished in accordance with applicable laws, the child
  1 23 shall be promptly returned to the party state of the sending
  1 24 agency to be returned to the child's biological parent or
  1 25 placed as deemed appropriate by a court of the party state of
  1 26 the sending agency.
  1 27    d.  That the prospective adoptive parent assumes full
  1 28 legal, financial, and other risks associated with the legal
  1 29 risk placement and that the prospective adoptive parent agrees
  1 30 to hold the department of human services harmless for any
  1 31 disruption or failure of the placement.
  1 32    e.  That the prospective adoptive parent shall provide
  1 33 support and medical and other appropriate care to the child
  1 34 pending the termination of parental rights of the biological
  1 35 parents and shall assume liability for all costs associated
  2  1 with the return of the child to the party state of the sending
  2  2 agency if the placement is disrupted or fails.
  2  3    2.  Any written legal risk statement utilized in
  2  4 establishing a legal risk placement shall, at a minimum, state
  2  5 all of the information required under subsection 1, shall be
  2  6 signed by any prospective adoptive parent, and shall be
  2  7 notarized.  The legal risk statement shall also contain the
  2  8 following notice printed in clearly legible type:  If
  2  9 termination of parental rights is not accomplished and return
  2 10 of the child to the biological parent is required, the
  2 11 prospective adoptive parents are encouraged to seek mental
  2 12 health counseling to address any resulting psychological or
  2 13 family problems.
  2 14    3.  For the purposes of this section, "legal risk
  2 15 placement" means the placement of a child, who is to be
  2 16 adopted, with a prospective adoptive parent prior to the
  2 17 termination of parental rights of the biological parents,
  2 18 under which the prospective adoptive parent assumes the risk
  2 19 that, if the parental rights of the biological parents are not
  2 20 terminated, the child shall be returned to the biological
  2 21 parents or placed as deemed appropriate by a court of the
  2 22 party state of the sending agency, and under which the
  2 23 prospective adoptive parent assumes other risks and
  2 24 liabilities specified in a written agreement.
  2 25    Sec. 2.  Section 600.3, subsection 2, Code 2001, is amended
  2 26 by adding the following new paragraph:
  2 27    NEW PARAGRAPH.  c.  A termination of parental rights order
  2 28 is not required prior to the filing of an adoption petition if
  2 29 the adoption is a standby adoption as defined in section
  2 30 600.14A.
  2 31    Sec. 3.  Section 600.6, Code 2001, is amended by adding the
  2 32 following new subsection:
  2 33    NEW SUBSECTION.  5.  In the case of a standby adoption as
  2 34 defined in section 600.14A, a form completed by the terminally
  2 35 ill parent consenting to termination of parental rights and
  3  1 adoption of the child by a person or persons specified in the
  3  2 consent form, effective at a future date when the terminally
  3  3 ill parent of the child has died or requests that a final
  3  4 adoption decree be issued.
  3  5    Sec. 4.  Section 600.13, subsection 1, Code 2001, is
  3  6 amended by adding the following new paragraph after paragraph
  3  7 b and relettering the subsequent paragraph:
  3  8    NEW PARAGRAPH.  bb.  Issue a standby adoption decree
  3  9 pursuant to section 600.14A.
  3 10    Sec. 5.  NEW SECTION.  600.14A  STANDBY ADOPTION.
  3 11    1.  As used in this section:
  3 12    a.  "Standby adoption" means an adoption in which a
  3 13 terminally ill parent consents to termination of parental
  3 14 rights and the issuance of a final adoption decree effective
  3 15 upon the occurrence of a future event, which is either the
  3 16 death of the terminally ill parent or the request of the
  3 17 parent for the issuance of a final adoption decree.
  3 18    b.  "Terminally ill parent" means an individual who has a
  3 19 medical prognosis by a licensed physician that the individual
  3 20 has an incurable and irreversible condition which will lead to
  3 21 death.
  3 22    2.  A terminally ill parent may consent to termination of
  3 23 parental rights and adoption of a child under a standby
  3 24 adoption if the other parent of the child is not living or the
  3 25 other parent has previously had the parent's parental rights
  3 26 terminated.
  3 27    3.  A person who meets the qualifications to file an
  3 28 adoption petition pursuant to section 600.4 may file a
  3 29 petition for standby adoption.  A standby adoption shall
  3 30 comply with the requirements of sections 600.7 through 600.12.
  3 31 However, the court may order that the completion of placement
  3 32 investigations and reports be expedited based on the
  3 33 circumstances of a particular case.  The court may waive the
  3 34 minimum residence period requirement pursuant to section
  3 35 600.10 to expedite the standby adoption if necessary.
  4  1    4.  If a consent to a standby adoption is attached to an
  4  2 adoption petition pursuant to section 600.6, the court
  4  3 determines that the requirements of this chapter relative to a
  4  4 standby adoption are met, and the court determines that the
  4  5 standby adoption is in the best interest of the child to be
  4  6 adopted, the court shall issue a standby adoption decree or a
  4  7 final adoption decree.  However, the terminally ill parent's
  4  8 parental rights shall not be terminated and the standby
  4  9 adoption shall not be finalized until the death of the
  4 10 terminally ill parent or the request of the terminally ill
  4 11 parent for issuance of the final adoption decree.
  4 12    5.  A standby adoption decree shall become final upon
  4 13 notice of the death of the terminally ill parent or upon the
  4 14 terminally ill parent's request that a final adoption decree
  4 15 be issued.  If the court determines at the time of the notice
  4 16 or request that the standby adoption is still in the best
  4 17 interest of the child, the court shall issue a final adoption
  4 18 decree.  
  4 19 
  4 20 
  4 21                                                             
  4 22                               BRENT SIEGRIST
  4 23                               Speaker of the House
  4 24 
  4 25 
  4 26                                                             
  4 27                               MARY E. KRAMER
  4 28                               President of the Senate
  4 29 
  4 30    I hereby certify that this bill originated in the House and
  4 31 is known as House File 567, Seventy-ninth General Assembly.
  4 32 
  4 33 
  4 34                                                             
  4 35                               MARGARET THOMSON
  5  1                               Chief Clerk of the House
  5  2 Approved                , 2001
  5  3 
  5  4 
  5  5                            
  5  6 THOMAS J. VILSACK
  5  7 Governor
     

Text: HF00566                           Text: HF00568
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