Text: HSB00153 Text: HSB00155 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 232.158A LEGAL RISK PLACEMENT.
1 2 1. The department of human services shall provide a
1 3 procedure for the legal risk placement of a child, who is to
1 4 be placed for adoption in Iowa under the interstate compact on
1 5 the placement of children, with the prospective adoptive
1 6 parent prior to termination of parental rights of the
1 7 biological parents of the child.
1 8 2. Prior to the legal risk placement of a child with a
1 9 prospective adoptive parent in Iowa, the prospective adoptive
1 10 parent shall agree, in writing, to all of the following:
1 11 a. To accept that the child may be returned to the home of
1 12 the biological parent if parental rights are not terminated in
1 13 accordance with the laws applicable to the placement.
1 14 b. To work toward the return of the child to the
1 15 biological parent if attempts to terminate the parental rights
1 16 of the biological parent are unsuccessful.
1 17 c. To observe the rights of the biological parent.
1 18 d. To take no independent action to terminate the rights
1 19 of the biological parent of the child or petition the court
1 20 for adoption of the child, without consent of the department
1 21 of human services.
1 22 e. To provide support and medical and other care to the
1 23 child pending termination of parental rights of the biological
1 24 parent.
1 25 f. That the department of human services is not liable for
1 26 the failure of a legal risk placement.
1 27 3. The department of human services shall aggressively
1 28 pursue termination of parental rights of the biological parent
1 29 of a child who is placed in a legal risk placement.
1 30 4. The department of human services shall inform the
1 31 prospective adoptive parent of any progress or problems in
1 32 terminating the parental rights of the biological parents.
1 33 5. The department of human services shall develop a form
1 34 to be used by prospective adoptive parents in entering a legal
1 35 risk placement.
2 1 6. For the purposes of this section, "legal risk
2 2 placement" means an adoption in which the child to be adopted
2 3 is placed with the prospective adoptive parent prior to the
2 4 termination of parental rights of the biological parent and
2 5 the prospective adoptive parent assumes the risk, documented
2 6 in a written agreement, that if parental rights are not
2 7 terminated the child will be returned to the biological
2 8 parent.
2 9 EXPLANATION
2 10 This bill provides that in the case of an interstate
2 11 adoption, a child may be placed in the home of a prospective
2 12 adoptive parent under a legal risk placement prior to
2 13 termination of the parental rights of the biological parent of
2 14 the child. Under a legal risk placement, the prospective
2 15 adoptive parent must agree, in writing, to accept that the
2 16 child may be returned to the home of the biological parent; to
2 17 work toward the return of the child to the biological parent
2 18 if attempts to terminate the parental rights of the biological
2 19 parent are unsuccessful; to observe the rights of the
2 20 biological parent; to take no independent action to terminate
2 21 the rights of the biological parent of the child or petition
2 22 the court for adoption of the child, without consent of the
2 23 department of human services; and to provide support and
2 24 medical and other care to the child pending termination of
2 25 parental rights of the biological parent. Under a legal risk
2 26 placement, the department of human services is directed to
2 27 aggressively pursue termination of parental rights of the
2 28 biological parent of a child who is placed in a legal risk
2 29 placement and is to inform the prospective adoptive parent of
2 30 any progress or problems in terminating the parental rights of
2 31 the biological parent.
2 32 LSB 2285HC 79
2 33 pf/pj/5
Text: HSB00153 Text: HSB00155 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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