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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