House File 474 S-3144 Amend House File 474, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 1, by striking lines 5 through 25 and inserting: 3 < Sec. ___. Section 232.78, Code 2023, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 9. Notwithstanding any provision to the 6 contrary including priority in placement of a child under 7 subsection 8, if an ex parte order is requested from the 8 juvenile court under this section pursuant to section 233.2 9 for transfer of custody of a newborn infant, the department 10 shall request that custody be transferred to the department. 11 Upon receiving the order, the department shall take custody 12 of the newborn infant and proceed in accordance with chapter 13 233, including, if feasible, placing the newborn infant in a 14 prospective adoptive home. > 15 2. By striking page 5, line 22, through page 7, line 25, and 16 inserting: 17 < 3. a. As soon as possible after the individual on duty , 18 the adoption service provider, or the first responder assumes 19 physical custody of a newborn infant released under subsection 20 1 , and, if applicable, the adoption service provider or the 21 first responder transports the newborn infant to the nearest 22 institutional health facility under subsection 2, paragraph 23 “b” , the individual on duty, the adoption service provider, 24 or the first responder shall notify the department of human 25 services and the department shall take the actions necessary to 26 assume the care, control, and custody of the newborn infant. 27 b. The department shall immediately notify the juvenile 28 court and the county attorney of the department’s action and 29 the circumstances surrounding the action and request an ex 30 parte order from the juvenile court ordering, in accordance 31 with the requirements of section 232.78 , subsection 9, the 32 department to take custody of the newborn infant. 33 c. Upon receiving the order, the department shall take 34 custody of the newborn infant. After the department takes 35 -1- HF 474.1527 (1) 90 pf/rh 1/ 3 #1. #2.

custody of the newborn infant, notwithstanding any provision 1 to the contrary relating to priority in placement of the child 2 under section 232.78, the department shall, if feasible, 3 place the newborn infant in a prospective adoptive home. The 4 department shall maintain a list of prospective adoptive 5 homes that have completed placement investigations and have 6 been preapproved by the department or a certified adoption 7 investigator. 8 d. Within twenty-four hours of taking custody of the newborn 9 infant, the department shall notify the juvenile court and the 10 county attorney in writing of the department’s action and the 11 circumstances surrounding the action. 12 4. a. Upon being notified in writing by the department 13 under subsection 3 , the county attorney shall file a 14 petition alleging the newborn infant to be a child in need of 15 assistance in accordance with section 232.87 and a petition 16 for termination of parental rights with respect to the newborn 17 infant in accordance with section 232.111, subsection 2 , 18 paragraph “a” . A hearing on a child in need of assistance 19 petition filed pursuant to this subsection shall be held at 20 the earliest practicable time. A hearing on a termination of 21 parental rights petition filed pursuant to this subsection 22 shall be held no later than thirty days after the day the 23 physical custody of the newborn child was relinquished 24 in accordance with subsection 1 unless the juvenile court 25 continues the hearing beyond the thirty days for good cause 26 shown. 27 b. Notice of a petition filed pursuant to this subsection 28 shall be provided to any known parent and others in accordance 29 with the provisions of chapter 232 and shall be served upon any 30 putative father registered with the state registrar of vital 31 statistics pursuant to section 144.12A . In addition, prior to 32 holding a termination of parental rights hearing with respect 33 to the newborn infant, notice by publication shall be provided 34 as described in section 600A.6, subsection 5 . > 35 -2- HF 474.1527 (1) 90 pf/rh 2/ 3