Senate File 525 S-3089 Amend Senate File 525 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 232.2, subsection 39, Code 2021, is 3 amended to read as follows: 4 39. “Parent” means a biological or adoptive mother or father 5 of a child; or a father whose paternity has been established 6 by operation of law due to the individual’s marriage to the 7 mother at the time of conception, birth, or at any time during 8 the period between conception and birth of the child, by order 9 of a court of competent jurisdiction, or by administrative 10 order when authorized by state law. “Parent” does not include a 11 mother or father whose parental rights have been terminated or 12 a father whose paternity has been disestablished pursuant to 13 section 232.96A or 600B.41A . > 14 2. Page 1, after line 16 by inserting: 15 < c. If a court makes a finding that no relative listed in 16 paragraph “a” would be appropriate for placement of the child, 17 the court shall order placement of the child with a person with 18 whom the child had a significant, positive relationship at the 19 time of the removal. 20 d. If a court finds there is no person with whom the child 21 had a significant, positive relationship at the time of the 22 removal with whom placement of the child would be appropriate, 23 then the court shall order placement of the child in a manner 24 that the court believes is in the child’s best interests. > 25 3. By striking page 1, line 26, through page 2, line 14, and 26 inserting: 27 < Sec. ___. NEW SECTION . 232.96A Disestablishment of 28 paternity —— child in need of assistance proceedings. 29 1. For the purposes of this section: 30 a. “Disestablished father” means a person whose paternity of 31 a child has been disestablished pursuant to this section. 32 b. “Established father” means a person whose paternity of a 33 child has been legally established by operation of law due to 34 the person’s marriage to the mother at the time of conception, 35 -1- SF525.1522 (4) 89 dg/rh 1/ 9 #1. #2. #3.

birth, or at any time during the period between conception 1 and birth of the child, by order of a court of competent 2 jurisdiction, or by administrative order. 3 2. Upon a motion filed by a child subject to a child in 4 need of assistance proceeding, the mother of the child, the 5 established father of the child, or the legal representative 6 of any of these persons, a court with jurisdiction over the 7 child in need of assistance proceeding shall enter an order 8 disestablishing the established father’s paternity of the child 9 if all of the following conditions are met: 10 a. The child has been adjudicated as a child in need of 11 assistance in an active juvenile court case. 12 b. A guardian ad litem has been appointed for the child. 13 c. If paternity was established pursuant to section 252A.3A, 14 the motion asserts the signed affidavit was based on fraud, 15 duress, or material mistake of fact. 16 d. Notice of the motion is served on both legally 17 established parents of the child in accordance with the rules 18 of civil procedure. 19 e. If enforcement services are being provided by the child 20 support recovery unit pursuant to chapter 252B, notice of 21 the motion is served on the child support recovery unit in 22 accordance with the rules of civil procedure. 23 f. The results of a blood or genetic test is on record in 24 the child in need of assistance proceeding and concludes that 25 the established father is not the child’s biological father. 26 3. An order disestablishing paternity under subsection 27 2 shall include all of the provisions provided in section 28 600B.41A, subsection 4. 29 4. Upon entry of an order disestablishing paternity under 30 subsection 2, the clerk of the juvenile court shall send a copy 31 of the order to the disestablished father at the disestablished 32 father’s last known address and to the clerk of the district 33 court. 34 5. Upon request by the child support recovery unit or a 35 -2- SF525.1522 (4) 89 dg/rh 2/ 9

disestablished father and without the need for a prior court 1 order, the clerk of the juvenile court shall disclose to the 2 child support recovery unit a copy of an order entered under 3 subsection 2. 4 6. All costs of testing, fees for a child’s guardian ad 5 litem, and court costs related to disestablishing paternity 6 shall be paid by the person moving to disestablish paternity 7 pursuant to subsection 2. 8 7. Participation of the child support recovery unit created 9 in section 252B.2 in an action brought under this section shall 10 be limited as follows: 11 a. The unit shall only participate in actions if services 12 are being provided by the unit pursuant to chapter 252B. 13 b. When services are being provided by the unit under 14 chapter 252B, the unit may enter an administrative order for 15 blood and genetic tests pursuant to chapter 252F. 16 c. The unit is not responsible for or required to provide 17 for or assist in obtaining blood or genetic tests in any case 18 in which services are not being provided by the unit. 19 d. The unit is not responsible for the costs of blood or 20 genetic testing conducted pursuant to an action brought under 21 this section. 22 e. Pursuant to section 252B.7, subsection 4, an attorney 23 employed by the unit represents the state in any action 24 under this section. The unit’s attorney is not the legal 25 representative of the mother, the established father, or the 26 child in a child in need of assistance proceeding under this 27 subchapter. 28 Sec. ___. NEW SECTION . 232.121 Reinstatement of parental 29 rights. 30 1. A child, the child’s guardian ad litem, the department, 31 or an agency or person to whom guardianship and custody of the 32 child has been transferred following termination of parental 33 rights of a parent under section 232.117, may petition the 34 juvenile court to reinstate the parental rights of the child’s 35 -3- SF525.1522 (4) 89 dg/rh 3/ 9

former parent if all of the following circumstances exist, 1 making the child an eligible child for purposes of this 2 section: 3 a. The child was previously found to be a child in need of 4 assistance under this chapter. 5 b. The child has not achieved the goals of the child’s case 6 permanency plan, and is not likely to do so. 7 c. The child does not have a permanent placement or a 8 planned permanent placement, is not subject to a permanent 9 guardianship, is not in an adoptive placement, is not likely 10 to be adopted within a reasonable period of time, and other 11 permanency options have been exhausted. 12 d. The child’s former parent’s parental rights were 13 terminated in a proceeding under this chapter, but the 14 termination of the parent-child relationship was not based on a 15 finding of sexual abuse, a near child fatality, a suspicious 16 child fatality, or an incident of egregious abuse or neglect 17 against a child as evidenced by the aggravated circumstances 18 specified pursuant to section 232.102, subsection 12, 19 paragraphs “d” through “g” . 20 e. Two years have passed since the final order of 21 termination of parental rights was entered. 22 f. The child is at least twelve years of age when the 23 petition is filed, or is younger than twelve years of age when 24 the petition is filed but is part of a sibling group including 25 a child for whom reinstatement is being sought and that child 26 meets the other conditions for reinstatement. 27 2. a. If a child meets the criteria of an eligible 28 child under subsection 1, the child’s guardian ad litem, 29 the department, or an agency or person to whom guardianship 30 and custody of the child has been transferred under section 31 232.117, shall notify the child of the child’s right to 32 petition the court for the reinstatement. 33 b. If the former parent whose rights were previously 34 terminated contacts the child’s guardian ad litem, the 35 -4- SF525.1522 (4) 89 dg/rh 4/ 9

department, or the agency or other person to whom guardianship 1 and custody of the child has been transferred under section 2 232.117, and the child is eligible pursuant to subsection 1, 3 the guardian ad litem, department, agency, or other person 4 shall notify the eligible child of the child’s right to 5 petition the court for the reinstatement. 6 3. If a child seeking to petition for reinstatement of 7 parental rights under this section does not have a guardian 8 ad litem or attorney, the court shall appoint a guardian ad 9 litem and counsel for the child at no cost to the child. If a 10 guardian ad litem has previously been appointed for the child 11 in a proceeding under this chapter, the same person may serve 12 both as the child’s counsel and as guardian ad litem. However, 13 the court may appoint a separate guardian ad litem if the same 14 person cannot properly represent the legal interests of the 15 child as legal counsel and also represent the best interest of 16 the child as guardian ad litem. 17 4. The petition must be signed by the child unless good 18 cause is shown as to why the child is unable to do so. The 19 former parent for whom reinstatement of parental rights is 20 sought must consent in writing to the petition. 21 5. The court shall hold a threshold hearing to consider 22 the former parent’s apparent interest in the reinstatement of 23 parental rights. At a minimum, the threshold hearing shall 24 determine all of the following: 25 a. Whether the former parent has remedied the former 26 parent’s deficits as provided in the record of the prior 27 termination proceedings and prior termination order. 28 b. Whether the former parent has participated in an 29 assessment based on evidence-based criteria that supports the 30 reinstatement of the parent-child relationship as being in the 31 best interest of the child. 32 6. If, after a threshold hearing to consider the former 33 parent’s apparent fitness and interest in the reinstatement 34 of parental rights, the court finds by a preponderance of the 35 -5- SF525.1522 (4) 89 dg/rh 5/ 9

evidence that the best interest of the child may be served by 1 the reinstatement of parental rights, the court shall order 2 that a hearing on the merits of the petition be held. 3 7. Before a hearing is held on the merits of the petition, 4 notice shall be provided to the child’s guardian ad litem, the 5 department, the agency or other person to whom guardianship 6 and custody of the child has been transferred under section 7 232.117, the child’s attorney, the child, the child’s former 8 parent whose parental rights are the subject of the petition, 9 any parent whose rights have not been terminated, the child’s 10 current foster parent, the child’s relative caregiver, and the 11 child’s tribe, if applicable. Notice shall be provided in the 12 same manner as in section 232.37. 13 8. The court shall conditionally grant the petition if the 14 court finds by clear and convincing evidence that the child has 15 not been adopted, has not achieved the goals of the child’s 16 case permanency plan, and is not imminently likely to achieve 17 such goals, and that reinstatement of parental rights is in the 18 child’s best interest. In determining whether reinstatement is 19 in the child’s best interest the court shall consider, but is 20 not limited to considering, all of the following: 21 a. Whether the former parent whose rights are to be 22 reinstated is a fit parent and has remedied the former parent’s 23 deficits as provided in the record of the prior termination 24 proceedings and prior termination order. 25 b. Whether the former parent whose rights are to be 26 reinstated understands the legal obligations, rights, and 27 consequences of the reinstatement of parental rights and is 28 willing and able to accept such obligations, rights, and 29 consequences. 30 c. The age and maturity of the child, and the ability of the 31 child to express the child’s preference. 32 d. Whether the reinstatement of parental rights will present 33 a risk to the child’s health, welfare, or safety. 34 e. Other material changes in circumstances, if any, that may 35 -6- SF525.1522 (4) 89 dg/rh 6/ 9

have occurred which warrant the granting of the petition. 1 9. In determining whether the child has or has not achieved 2 the goals of the child’s case permanency plan or whether the 3 child is imminently likely to achieve the goals of the child’s 4 case permanency plan, the department, or the agency or other 5 person to whom guardianship and custody of the child has been 6 transferred under section 232.117, shall provide the court, and 7 the court shall review, information related to any efforts to 8 achieve the goals of the case permanency plan including efforts 9 to achieve adoption or a permanent placement. 10 10. a. If the court conditionally grants the petition under 11 subsection 8, the case shall be continued for six months and a 12 temporary order of reinstatement entered. During this period, 13 the child shall be placed in the custody of the former parent. 14 The department or agency shall develop a case permanency plan 15 for the child reflecting reunification and shall provide 16 transition services to the family, as appropriate. 17 b. If the child must be removed from the former parent due 18 to allegations of abuse or neglect prior to the expiration 19 of the conditional six-month period, the court shall dismiss 20 the petition for reinstatement of parental rights if the court 21 finds the allegations have been proven by a preponderance of 22 the evidence. 23 11. At the end of the six-month period, the court shall hold 24 a hearing and order one of the following: 25 a. If the placement with the former parent has been 26 successful, the court shall enter a final order of 27 reinstatement of parental rights which shall restore all 28 rights, powers, privileges, immunities, duties, and obligations 29 of the parent as to the child, including those relating 30 to custody, control, and support of the child. The court 31 shall vacate the dispositional order in the child in need 32 of assistance proceeding and direct the clerk’s office to 33 provide a certified copy of the final order of reinstatement of 34 parental rights to the parent at no cost. 35 -7- SF525.1522 (4) 89 dg/rh 7/ 9

b. If the placement with the former parent has not been 1 successful, the court shall dismiss the petition and the 2 child’s case permanency plan shall remain in effect. 3 12. A proceeding to reinstate parental rights is a separate 4 action from the termination of parental rights proceeding 5 and does not vacate or otherwise affect the validity of the 6 original termination of parental rights order. An order 7 granted under this section reinstates the former parent’s 8 rights to the child. The reinstatement is a recognition that 9 the situation of the parent and child has changed since the 10 time of the termination of parental rights and reunification 11 is now appropriate. 12 13. A parent whose rights are reinstated under this 13 section shall not be liable for any child support owed to the 14 department or costs of other services provided to a child for 15 the time period from the date of termination of parental rights 16 to the date parental rights are reinstated. 17 14. This section shall apply to any eligible child who is 18 under the jurisdiction of the juvenile court at the time of the 19 hearing regardless of the date parental rights were terminated. 20 15. The state, the department, or an agency or other person 21 or an employee of such entities is not liable for civil damages 22 resulting from any act or omission in the provision of services 23 under this section unless the act or omission constitutes gross 24 negligence. This section does not create any duty and shall 25 not be construed to create a duty where none exists. This 26 section does not create a cause of action against the state, 27 the department, an agency, another person, or the employees of 28 such entities concerning the original termination. > 29 4. Title page, line 3, by striking < cases. > and inserting 30 < cases, the reinstatement of parental rights of a former parent 31 under certain circumstances, and the disestablishment of 32 paternity under certain circumstances. > 33 5. By renumbering as necessary. 34 -8- SF525.1522 (4) 89 dg/rh 8/ 9 #4.