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
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