House File 119 S-3109 Amend House File 119, as passed by the House, as 1 follows: 2 1. Page 1, by striking lines 1 through 11 and 3 inserting: 4 < Sec. ___. Section 232.37, subsections 1 and 2, 5 Code 2013, are amended to read as follows: 6 1. After a petition has been filed the court shall 7 set a time for an adjudicatory hearing and unless the 8 parties persons named in subsection 2 voluntarily 9 appear, shall issue a summons requiring the child to 10 appear before the court at a time and place stated and 11 requiring the person who has custody or control of the 12 child to appear before the court and to bring the child 13 with the person at that time. The summons shall attach 14 a copy of the petition and shall give notification of 15 the right to counsel provided for in section 232.11 . 16 2. Notice of the pendency of the case shall be 17 served upon the known parents, guardians or legal 18 custodians of a child if these persons are not 19 summoned to appear as provided in subsection 1 , and the 20 department . Notice shall also be served upon the child 21 and upon the child’s guardian ad litem, if any. The 22 notice shall attach a copy of the petition and shall 23 give notification of the right to counsel provided for 24 in section 232.11 . > 25 2. Page 1, line 22, after < subsection 2 > by 26 inserting < , unless the department is represented by 27 the attorney general > 28 3. Page 2, line 11, by striking < of human services > 29 4. Page 2, line 23, after < petition > by inserting 30 < , unless the department has intervened as a party, in 31 which case the attorney general shall represent the 32 interests of the state and the county attorney shall 33 represent the interests of the county > 34 5. Page 3, line 3, after < attorney > by inserting < , 35 unless the department has intervened as a party, > 36 6. Page 3, line 9, after < attorney > by inserting < , 37 unless the department has intervened as a party, > 38 7. Page 3, after line 11 by inserting: 39 < 5. The county attorney shall comply with the 40 requirements of chapter 232B and the federal Indian 41 Child Welfare Act, Pub. L. No. 95-608, when either 42 chapter 232B or the federal Indian Child Welfare Act, 43 is determined to be applicable in any proceeding under 44 this division. > 45 8. Page 3, line 21, by striking < 2011 > and 46 inserting < 2013 > 47 9. Page 4, lines 10 and 11, by striking < other than 48 the department of human services, > 49 10. Page 4, line 32, after < petition > by inserting 50 -1- HF119.1399 (4) 85 jm/rj 1/ 2 #1. #2. #3. #4. #5. #6. #7. #8. #9.
< , unless the department has intervened as a party, in 1 which case the attorney general shall represent the 2 interests of the state and the county attorney shall 3 represent the interests of the county > 4 11. Page 5, line 14, after < 232.90 > by inserting 5 < , unless the department has intervened as a party, in 6 which case the attorney general shall represent the 7 interests of the state and the county attorney shall 8 represent the interests of the county > 9 12. Title page, line 1, after < attorney > by 10 inserting < and attorney general > 11 ______________________________ COMMITTEE ON JUDICIARY ROBERT M. HOGG, CHAIRPERSON -2- HF119.1399 (4) 85 jm/rj 2/ 2 #11. #12.