Text: HF00566 Text: HF00568 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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