Senate File 525 S-3096 Amend Senate File 525 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 232.2, subsection 39, Code 2021, is 4 amended to read as follows: 5 39. “Parent” means a biological or adoptive mother or father 6 of a child; or a father whose paternity has been established by 7 operation of law due to the individual’s marriage to the mother 8 at the time of conception, birth, or at any time during the 9 period between conception and birth of the child, by order of a 10 court of competent jurisdiction, by affidavit filed pursuant 11 to section 252A.3A, by a statement made in court and concurred 12 with by the mother of the child admitting paternity, or by 13 administrative order when authorized by state law. “Parent” 14 does not include a mother or father whose parental rights 15 have been terminated or a father whose paternity has been 16 disestablished pursuant to section 232.96A or section 600B.41A . 17 Sec. 2. Section 232.84, subsection 2, Code 2021, is amended 18 to read as follows: 19 2. Within thirty days after the entry of an order under 20 this chapter transferring custody of a child to an agency 21 for placement, the agency department shall exercise due 22 diligence in identifying and providing notice to the child’s 23 grandparents, aunts, uncles, adult siblings, parents of the 24 child’s siblings, and adult relatives suggested by the child’s 25 parents, subject to exceptions due to the presence of family or 26 domestic violence. 27 Sec. 3. NEW SECTION . 232.96A Disestablishment of paternity 28 —— child in need of assistance proceeding. 29 1. For the purposes of this section: 30 a. “Established father” means a person whose paternity of a 31 child has been legally established as a parent. 32 b. “Disestablished father” means a person whose paternity of 33 a child has been disestablished pursuant to this section. 34 2. Upon a motion filed by a child subject to a child in 35 -1- SF525.1664 (1) 89 dg/rh 1/ 10 #1.

need of assistance proceeding, the mother of the child, the 1 established father of the child, or the legal representative 2 of any of these persons, a court with jurisdiction over the 3 child in need of assistance proceeding shall enter an order 4 disestablishing the established father’s paternity of the child 5 if all of the following conditions are met: 6 a. The child has been adjudicated as a child in need of 7 assistance in an active juvenile court case. 8 b. A guardian ad litem has been appointed for the child. 9 c. If paternity was established pursuant to section 252A.3A, 10 the motion asserts the signed affidavit was based on fraud, 11 duress, or material mistake of fact. 12 d. Notice of the motion is served on both parents of the 13 child in accordance with the rules of civil procedure. 14 e. If enforcement services are being provided by the child 15 support recovery unit pursuant to chapter 252B, notice of 16 the motion is served on the child support recovery unit in 17 accordance with the rules of civil procedure. 18 f. The results of a blood or genetic test is on record in 19 the child in need of assistance proceeding and concludes that 20 the established father is not the child’s biological father. 21 3. An order disestablishing paternity under subsection 22 2 shall include all of the provisions provided in 600B.41A, 23 subsection 4. 24 4. Upon entry of an order disestablishing paternity under 25 subsection 2, the clerk of court shall send a copy of the order 26 to the disestablished father at the disestablished father’s 27 last known address and to the clerk of the district court. 28 5. Upon request by the child support recovery unit or a 29 disestablished father and without the need for a prior court 30 order, the clerk of court shall disclose to the child support 31 recovery unit a copy of an order entered under subsection 2. 32 6. All costs of testing, fees for a child’s guardian ad 33 litem, and court costs shall be paid by the person moving to 34 disestablish paternity pursuant to subsection 2. 35 -2- SF525.1664 (1) 89 dg/rh 2/ 10

7. Participation of the child support recovery unit created 1 in section 252B.2 in an action brought under this section shall 2 be limited as follows: 3 a. The unit shall only participate in actions if services 4 are being provided by the unit pursuant to chapter 252B. 5 b. When services are being provided by the unit under 6 chapter 252B, the unit may enter an administrative order for 7 blood and genetic tests pursuant to chapter 252F. 8 c. The unit is not responsible for or required to provide 9 for or assist in obtaining blood or genetic tests in any case 10 in which services are not being provided by the unit. 11 d. The unit is not responsible for the costs of blood or 12 genetic testing conducted pursuant to an action brought under 13 this section. 14 e. Pursuant to section 252B.7, subsection 4, an attorney 15 employed by the unit represents the state in any action 16 under this section. The unit’s attorney is not the legal 17 representative of the mother, the established father, or the 18 child in a child in need of assistance proceeding under this 19 subchapter. 20 Sec. 4. Section 232.102, subsection 1, Code 2021, is amended 21 by striking the subsection and inserting in lieu thereof the 22 following: 23 1. a. After a dispositional hearing, the court may enter an 24 order transferring the legal custody of the child to one of the 25 following for purposes of placement: 26 (1) A parent who does not have physical care of the child. 27 (2) Any other relative of the child. 28 (3) A person with whom the child had a significant, positive 29 relationship at the time of the removal. 30 (4) Any other suitable person. 31 (5) A child-placing agency or other suitable private 32 agency, facility, or institution which is licensed or otherwise 33 authorized by law to receive and provide care for the child. 34 (6) The department of human services. If the child is 35 -3- SF525.1664 (1) 89 dg/rh 3/ 10

placed in a juvenile shelter care home or with an individual 1 or agency as defined in section 237.1, the department shall 2 assign decision-making authority to the juvenile shelter care 3 home, individual, or agency for the purpose of applying the 4 reasonable and prudent parent standard during the child’s 5 placement. 6 b. A court shall not order placement of a child with a 7 nonrelative without a specific finding that placement with a 8 parent or any other relative of the child pursuant to paragraph 9 “a” , subparagraph (1) or (2), is inappropriate for placement of 10 the child and providing reasons for such a finding. 11 c. If the child is sixteen years of age or older, the 12 order shall specify the services needed to assist the child in 13 preparing for the transition from foster care to adulthood. If 14 the child has a case permanency plan, the court shall consider 15 the written transition plan of services and needs assessment 16 developed for the child’s case permanency plan. If the child 17 does not have a case permanency plan containing the transition 18 plan and needs assessment at the time the order is entered, 19 the written transition plan and needs assessment shall be 20 developed and submitted for the court’s consideration no later 21 than six months from the date of the transfer order. The 22 court shall modify the initial transfer order as necessary to 23 specify the services needed to assist the child in preparing 24 for the transition from foster care to adulthood. If the 25 transition plan identifies services or other support needed 26 to assist the child when the child becomes an adult and the 27 court deems it to be beneficial to the child, the court may 28 authorize the individual who is the child’s guardian ad litem 29 or court-appointed special advocate to continue a relationship 30 with and provide advice to the child for a period of time 31 beyond the child’s eighteenth birthday. 32 Sec. 5. NEW SECTION . 232.121 Reinstatement of parental 33 rights. 34 1. A child, the child’s guardian ad litem, the department, 35 -4- SF525.1664 (1) 89 dg/rh 4/ 10

or an agency or person to whom guardianship and custody of the 1 child has been transferred following termination of parental 2 rights of a parent under section 232.117, may petition the 3 juvenile court to reinstate the parental rights of the child’s 4 former parent if all of the following circumstances exist, 5 making the child an eligible child for purposes of this 6 section: 7 a. The child was previously found to be a child in need of 8 assistance under this chapter. 9 b. The child has not achieved the goals of the child’s case 10 permanency plan, and is not likely to do so. 11 c. The child does not have a permanent placement or a 12 planned permanent placement, is not subject to a permanent 13 guardianship, is not in an adoptive placement, is not likely 14 to be adopted within a reasonable period of time, and other 15 permanency options have been exhausted. 16 d. The child’s former parent’s parental rights were 17 terminated in a proceeding under this chapter, but the 18 termination of the parent-child relationship was not based on a 19 finding of sexual abuse, a near child fatality, a suspicious 20 child fatality, or an incident of egregious abuse or neglect 21 against a child as evidenced by the aggravated circumstances 22 specified pursuant to section 232.102, subsection 12, 23 paragraphs “d” through “g” . 24 e. Two years have passed since the final order of 25 termination of parental rights was entered. 26 f. The child is at least twelve years of age when the 27 petition is filed, or is younger than twelve years of age when 28 the petition is filed but is part of a sibling group including 29 a child for whom reinstatement is being sought and that child 30 meets the other conditions for reinstatement. 31 2. a. If a child meets the criteria of an eligible 32 child under subsection 1, the child’s guardian ad litem, 33 the department, or an agency or person to whom guardianship 34 and custody of the child has been transferred under section 35 -5- SF525.1664 (1) 89 dg/rh 5/ 10

232.117, shall notify the child of the child’s right to 1 petition the court for the reinstatement. 2 b. If the former parent whose rights were previously 3 terminated contacts the child’s guardian ad litem, the 4 department, or the agency or other person to whom guardianship 5 and custody of the child has been transferred under section 6 232.117, and the child is eligible pursuant to subsection 1, 7 the guardian ad litem, department, agency, or other person 8 shall notify the eligible child of the child’s right to 9 petition the court for the reinstatement. 10 3. If a child seeking to petition for reinstatement of 11 parental rights under this section does not have a guardian 12 ad litem or attorney, the court shall appoint a guardian ad 13 litem and counsel for the child at no cost to the child. If a 14 guardian ad litem has previously been appointed for the child 15 in a proceeding under this chapter, the same person may serve 16 both as the child’s counsel and as guardian ad litem. However, 17 the court may appoint a separate guardian ad litem if the same 18 person cannot properly represent the legal interests of the 19 child as legal counsel and also represent the best interest of 20 the child as guardian ad litem. 21 4. The petition must be signed by the child unless good 22 cause is shown as to why the child is unable to do so. The 23 former parent for whom reinstatement of parental rights is 24 sought must consent in writing to the petition. 25 5. The court shall hold a threshold hearing to consider 26 the former parent’s apparent interest in the reinstatement of 27 parental rights. At a minimum, the threshold hearing shall 28 determine all of the following: 29 a. Whether the former parent has remedied the former 30 parent’s deficits as provided in the record of the prior 31 termination proceedings and prior termination order. 32 b. Whether the former parent has participated in an 33 assessment based on evidence-based criteria that supports the 34 reinstatement of the parent-child relationship as being in the 35 -6- SF525.1664 (1) 89 dg/rh 6/ 10

best interest of the child. 1 6. If, after a threshold hearing to consider the former 2 parent’s apparent fitness and interest in the reinstatement 3 of parental rights, the court finds by a preponderance of the 4 evidence that the best interest of the child may be served by 5 the reinstatement of parental rights, the court shall order 6 that a hearing on the merits of the petition be held. 7 7. Before a hearing is held on the merits of the petition, 8 notice shall be provided to the child’s guardian ad litem, the 9 department, the agency or other person to whom guardianship 10 and custody of the child has been transferred under section 11 232.117, the child’s attorney, the child, the child’s former 12 parent whose parental rights are the subject of the petition, 13 any parent whose rights have not been terminated, the child’s 14 current foster parent, the child’s relative caregiver, and the 15 child’s tribe, if applicable. Notice shall be provided in the 16 same manner as in section 232.37. 17 8. The court shall conditionally grant the petition if the 18 court finds by clear and convincing evidence that the child has 19 not been adopted, has not achieved the goals of the child’s 20 case permanency plan, and is not imminently likely to achieve 21 such goals, and that reinstatement of parental rights is in the 22 child’s best interest. In determining whether reinstatement is 23 in the child’s best interest the court shall consider, but is 24 not limited to considering, all of the following: 25 a. Whether the former parent whose rights are to be 26 reinstated is a fit parent and has remedied the former parent’s 27 deficits as provided in the record of the prior termination 28 proceedings and prior termination order. 29 b. Whether the former parent whose rights are to be 30 reinstated understands the legal obligations, rights, and 31 consequences of the reinstatement of parental rights and is 32 willing and able to accept such obligations, rights, and 33 consequences. 34 c. The age and maturity of the child, and the ability of the 35 -7- SF525.1664 (1) 89 dg/rh 7/ 10

child to express the child’s preference. 1 d. Whether the reinstatement of parental rights will present 2 a risk to the child’s health, welfare, or safety. 3 e. Other material changes in circumstances, if any, that may 4 have occurred which warrant the granting of the petition. 5 9. In determining whether the child has or has not achieved 6 the goals of the child’s case permanency plan or whether the 7 child is imminently likely to achieve the goals of the child’s 8 case permanency plan, the department, or the agency or other 9 person to whom guardianship and custody of the child has been 10 transferred under section 232.117, shall provide the court, and 11 the court shall review, information related to any efforts to 12 achieve the goals of the case permanency plan including efforts 13 to achieve adoption or a permanent placement. 14 10. a. If the court conditionally grants the petition under 15 subsection 8, the case shall be continued for six months and a 16 temporary order of reinstatement entered. During this period, 17 the child shall be placed in the custody of the former parent. 18 The department or agency shall develop a case permanency plan 19 for the child reflecting reunification and shall provide 20 transition services to the family, as appropriate. 21 b. If the child must be removed from the former parent due 22 to allegations of abuse or neglect prior to the expiration 23 of the conditional six-month period, the court shall dismiss 24 the petition for reinstatement of parental rights if the court 25 finds the allegations have been proven by a preponderance of 26 the evidence. 27 11. At the end of the six-month period, the court shall hold 28 a hearing and order one of the following: 29 a. If the placement with the former parent has been 30 successful, the court shall enter a final order of 31 reinstatement of parental rights which shall restore all 32 rights, powers, privileges, immunities, duties, and obligations 33 of the parent as to the child, including those relating 34 to custody, control, and support of the child. The court 35 -8- SF525.1664 (1) 89 dg/rh 8/ 10

shall vacate the dispositional order in the child in need 1 of assistance proceeding and direct the clerk’s office to 2 provide a certified copy of the final order of reinstatement of 3 parental rights to the parent at no cost. 4 b. If the placement with the former parent has not been 5 successful, the court shall dismiss the petition and the 6 child’s case permanency plan shall remain in effect. 7 12. A proceeding to reinstate parental rights is a separate 8 action from the termination of parental rights proceeding 9 and does not vacate or otherwise affect the validity of the 10 original termination of parental rights order. An order 11 granted under this section reinstates the former parent’s 12 rights to the child. The reinstatement is a recognition that 13 the situation of the parent and child has changed since the 14 time of the termination of parental rights and reunification 15 is now appropriate. 16 13. A parent whose rights are reinstated under this 17 section shall not be liable for any child support owed to the 18 department or costs of other services provided to a child for 19 the time period from the date of termination of parental rights 20 to the date parental rights are reinstated. 21 14. This section shall apply to any eligible child who is 22 under the jurisdiction of the juvenile court at the time of the 23 hearing regardless of the date parental rights were terminated. 24 15. The state, the department, or an agency or other person 25 or an employee of such entities is not liable for civil damages 26 resulting from any act or omission in the provision of services 27 under this section unless the act or omission constitutes gross 28 negligence. This section does not create any duty and shall 29 not be construed to create a duty where none exists. This 30 section does not create a cause of action against the state, 31 the department, an agency, another person, or the employees of 32 such entities concerning the original termination. > 33 2. Title page, by striking lines 1 through 3 and inserting 34 < An Act relating to child welfare including the transfer of 35 -9- SF525.1664 (1) 89 dg/rh 9/ 10