House Journal: Page 827: Thursday, March 22, 2001
14 a. That the placement is a legal risk placement.
15 b. That the court of the party state of the
16 sending agency retains jurisdiction over the child for
17 purposes of the termination of the parental rights of
18 the biological parents.
19 c. That if termination of parental rights cannot
20 be accomplished in accordance with applicable laws,
21 the child shall be promptly returned to the party
22 state of the sending agency to be returned to the
23 child's biological parent or placed as deemed
24 appropriate by a court of the party state of the
25 sending agency.
26 d. That the prospective adoptive parent assumes
27 full legal, financial, and other risks associated with
28 the legal risk placement and that the prospective
29 adoptive parent agrees to hold the department of human
30 services harmless for any disruption or failure of the
31 placement.
32 e. That the prospective adoptive parent shall
33 provide support and medical and other appropriate care
34 to the child pending the termination of parental
35 rights of the biological parents and shall assume
36 liability for all costs associated with the return of
37 the child to the party state of the sending agency if
38 the placement is disrupted or fails.
39 2. Any written legal risk statement utilized in
40 establishing a legal risk placement shall, at a
41 minimum, state all of the information required under
42 subsection 1, shall be signed by any prospective
43 adoptive parent, and shall be notarized. The legal
44 risk statement shall also contain the following notice
45 printed in clearly legible type: If termination of
46 parental rights is not accomplished and return of the
47 child to the biological parent is required, the
48 prospective adoptive parents are encouraged to seek
49 mental health counseling to address any resulting
50 psychological or family problems.
Page 2
1 3. For the purposes of this section, "legal risk
2 placement" means the placement of a child, who is to
3 be adopted, with a prospective adoptive parent prior
4 to the termination of parental rights of the
5 biological parents, under which the prospective
6 adoptive parent assumes the risk that, if the parental
7 rights of the biological parents are not terminated,
8 the child shall be returned to the biological parents
9 or placed as deemed appropriate by a court of the
10 party state of the sending agency, and under which the
11 prospective adoptive parent assumes other risks and
12 liabilities specified in a written agreement."
© 2001 Cornell College and
League of Women Voters of Iowa
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