House
File
216
-
Enrolled
House
File
216
AN
ACT
RELATING
TO
PATERNITY
IN
CERTAIN
ACTIONS
BEFORE
THE
JUVENILE
COURT.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
232.2,
subsection
44,
Code
2023,
is
amended
to
read
as
follows:
44.
“Parent”
means
a
biological
or
adoptive
mother
or
father
of
a
child;
or
a
father
whose
paternity
has
been
established
by
one
of
the
methods
enumerated
in
section
252A.3,
subsection
10,
or
by
operation
of
law
due
to
the
individual’s
established
father’s
marriage
to
the
mother
at
the
time
of
conception,
birth,
or
at
any
time
during
the
period
between
conception
and
birth
of
the
child
,
by
order
of
a
court
of
competent
jurisdiction,
or
by
administrative
order
when
authorized
by
state
law
.
“Parent”
does
not
include
a
mother
or
father
whose
parental
rights
have
been
terminated
or
a
father
whose
paternity
has
been
overcome
pursuant
to
section
232.3A
.
Sec.
2.
NEW
SECTION
.
232.3A
Authority
relating
to
action
to
overcome
paternity
in
a
child
in
need
of
assistance
or
termination
of
parental
rights
proceeding.
1.
During
an
action
under
subchapter
III,
child
in
need
of
assistance
proceedings,
or
subchapter
IV,
termination
of
parent-child
relationship
proceedings
of
this
chapter,
the
court
may
on
its
own
motion
or
that
of
any
party,
require
the
child
and
established
father
of
the
child
to
submit
to
blood
or
genetic
testing
in
accordance
with
the
procedures
and
method
House
File
216,
p.
2
prescribed
under
section
600B.41
to
overcome
the
paternity
of
the
established
father.
2.
The
juvenile
court
may
enter
an
order
overcoming
paternity
of
an
established
father
pursuant
to
section
600B.41A
if
all
of
the
following
conditions
are
met:
a.
The
child
has
been
adjudicated
a
child
in
need
of
assistance
in
an
active
juvenile
court
case
and
a
dispositional
order
in
that
case
is
in
place.
b.
Paternity
of
the
child
has
been
legally
established,
including
by
one
of
the
methods
enumerated
in
section
252A.3,
subsection
10,
or
by
operation
of
law
due
to
the
established
father’s
marriage
to
the
mother
at
the
time
of
conception,
birth,
or
at
any
time
during
the
period
between
conception
and
the
birth
of
the
child.
c.
Pursuant
to
section
600B.41,
the
conclusion
of
the
expert
as
disclosed
by
the
evidence
based
upon
blood
or
genetic
testing
demonstrates
that
the
established
father
is
not
the
biological
father
of
the
child.
d.
The
established
father
agrees
that
the
established
father’s
paternity
should
be
overcome
or
the
established
father
objects
to
having
his
paternity
overcome
but
the
court
finds
that
it
is
in
the
best
interest
of
the
child
to
overcome
the
established
father’s
paternity.
3.
When
the
criteria
specified
in
subsection
2
are
met,
the
juvenile
court
shall
enter
an
order
overcoming
paternity,
and
shall
send
a
copy
of
the
order
to
the
clerk
of
the
district
court.
The
juvenile
court
shall
designate
the
petitioner
and
respondent
for
the
purposes
of
the
order.
4.
Upon
receipt
of
the
order
by
the
district
court,
the
clerk
of
the
district
court
shall
docket
the
case.
Filing
fees
and
other
court
costs
shall
not
be
assessed
against
the
parties.
5.
The
district
court
shall
take
judicial
notice
of
the
juvenile
file
in
any
hearing
related
to
the
case.
Records
contained
in
the
district
court
case
file
that
were
copied
or
transferred
from
the
juvenile
court
file
concerning
the
case
shall
be
subject
to
section
232.147
and
other
confidentiality
provisions
of
this
chapter
for
cases
not
involving
juvenile
delinquency,
and
shall
be
disclosed,
upon
request,
to
the
child
House
File
216,
p.
3
support
recovery
unit
without
a
court
order.
6.
If
paternity
testing
is
completed
and
the
established
father
is
not
excluded
as
the
biological
father
of
the
child,
the
juvenile
court
shall
find
the
established
father
to
be
the
biological
father
of
the
child
and
a
necessary
party
to
the
action.
7.
Nothing
in
this
section
shall
be
construed
to
require
appointment
of
counsel
for
the
parties
in
the
district
court
action.
Sec.
3.
Section
232.103A,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Paternity
of
the
child
has
been
legally
established
by
one
of
the
methods
enumerated
in
section
252A.3,
subsection
10
,
including
or
by
operation
of
law
due
to
the
individual’s
established
father’s
marriage
to
the
mother
at
the
time
of
conception,
birth,
or
at
any
time
during
the
period
between
conception
and
birth
of
the
child
,
by
order
of
a
court
of
competent
jurisdiction,
or
by
administrative
order
when
authorized
by
state
law
.
Sec.
4.
Section
252A.6A,
subsection
2,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
If
the
prior
determination
of
paternity
is
based
on
an
affidavit
of
paternity
filed
pursuant
to
section
252A.3A
,
or
an
administrative
order
entered
pursuant
to
chapter
252F
has
been
legally
established
by
one
of
the
methods
enumerated
in
section
252A.3,
subsection
10
,
or
an
order
by
the
courts
of
this
state,
or
by
operation
of
law
when
the
mother
and
due
to
the
established
father
are
or
were
married
to
each
other
father’s
marriage
to
the
mother
at
the
time
of
conception,
birth,
or
at
any
time
during
the
period
between
conception
and
birth
of
the
child
,
the
provisions
of
section
600B.41A
are
applicable.
Sec.
5.
Section
252A.6A,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
If
Notwithstanding
paragraph
“a”
,
subparagraph
(1),
if
the
prior
determination
of
paternity
is
based
on
an
administrative
or
court
order
or
by
any
other
means,
pursuant
to
the
laws
of
another
state
or
foreign
country,
an
action
to
overcome
the
prior
determination
of
paternity
shall
be
filed
in
that
jurisdiction.
Unless
the
party
requests
and
is
granted
a
House
File
216,
p.
4
stay
of
an
action
to
establish
child
or
medical
support,
the
action
shall
proceed
as
otherwise
provided.
Sec.
6.
Section
252C.4,
subsection
7,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
If
the
prior
determination
of
paternity
is
based
on
an
affidavit
of
paternity
filed
pursuant
to
section
252A.3A
,
or
an
administrative
order
entered
pursuant
to
chapter
252F
has
been
legally
established
by
one
of
the
methods
enumerated
in
section
252A.3,
subsection
10
,
or
an
order
by
the
courts
of
this
state,
or
by
operation
of
law
when
the
mother
and
due
to
the
established
father
are
or
were
married
to
each
other
father’s
marriage
to
the
mother
at
the
time
of
conception,
birth,
or
at
any
time
during
the
period
between
conception
and
birth
of
the
child
,
the
provisions
of
section
600B.41A
are
applicable.
Sec.
7.
Section
252C.4,
subsection
7,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
If
Notwithstanding
paragraph
“a”
,
subparagraph
(1),
if
the
prior
determination
of
paternity
is
based
on
an
administrative
or
court
order
or
other
means,
pursuant
to
the
laws
of
another
state
or
foreign
country,
an
action
to
overcome
the
prior
determination
of
paternity
shall
be
filed
in
that
jurisdiction.
Unless
the
responsible
person
requests
and
is
granted
a
stay
of
an
action
initiated
under
this
chapter
to
establish
child
or
medical
support,
the
action
shall
proceed
as
otherwise
provided
by
this
chapter
.
Sec.
8.
Section
598.21E,
subsection
1,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
If
the
prior
determination
of
paternity
is
based
on
an
affidavit
of
paternity
filed
pursuant
to
section
252A.3A
,
or
a
court
or
administrative
order
entered
in
this
state
has
been
legally
established
by
one
of
the
methods
enumerated
in
section
252A.3,
subsection
10
,
or
by
operation
of
law
when
the
mother
and
due
to
the
established
father
are
or
were
married
to
each
other
father’s
marriage
to
the
mother
at
the
time
of
conception,
birth,
or
at
any
time
during
the
period
between
conception
and
birth
of
the
child
,
the
provisions
of
section
600B.41A
apply.
Sec.
9.
Section
598.21E,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
House
File
216,
p.
5
b.
If
Notwithstanding
paragraph
“a”
,
subparagraph
(1),
if
a
determination
of
paternity
is
based
on
an
administrative
or
court
order
or
other
means
pursuant
to
the
laws
of
another
state
or
foreign
country
as
defined
in
chapter
252K
,
any
action
to
overcome
the
prior
determination
of
paternity
shall
be
filed
in
that
jurisdiction.
Unless
a
stay
of
the
action
initiated
in
this
state
to
establish
child
or
medical
support
is
requested
and
granted
by
the
court,
pending
a
resolution
of
the
contested
paternity
issue
by
the
other
state
or
foreign
country
as
defined
in
chapter
252K
,
the
action
shall
proceed.
Sec.
10.
Section
600B.41A,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Paternity
which
is
legally
established
may
be
overcome
as
provided
in
this
section
if
subsequent
blood
or
genetic
testing
indicates
that
the
previously
established
father
of
a
child
is
not
the
biological
father
of
the
child.
Unless
otherwise
provided
in
this
section
,
this
section
applies
to
the
overcoming
of
paternity
which
has
been
established
according
to
any
of
the
means
provided
by
one
of
the
methods
enumerated
in
section
252A.3,
subsection
10
,
or
by
operation
of
law
when
due
to
the
established
father
and
father’s
marriage
to
the
mother
of
the
child
are
or
were
married
to
each
other,
or
as
determined
by
a
court
of
this
state
under
any
other
applicable
chapter
at
the
time
of
conception,
birth,
or
at
any
time
during
the
period
between
conception
and
birth
of
the
child
.
Sec.
11.
Section
600B.41A,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3A.
Establishment
of
paternity
may
be
overcome
under
this
section
by
a
juvenile
court
pursuant
to
section
232.3A
if
all
of
the
following
conditions
are
met:
a.
Paternity
of
a
child
is
contested
during
an
active
child
in
need
of
assistance
proceeding
and
the
child
is
under
the
jurisdiction
of
the
juvenile
court
at
the
time
an
order
overcoming
paternity
is
entered.
b.
A
guardian
ad
litem
is
appointed
for
the
child.
c.
Notice
of
the
action
to
overcome
paternity
is
served
on
any
parent
of
the
child
in
accordance
with
chapter
232
and
if
enforcement
services
are
being
provided
by
the
child
support
recovery
unit
pursuant
to
chapter
252B,
notice
shall
also
be
House
File
216,
p.
6
served
on
the
child
support
recovery
unit.
d.
Blood
or
genetic
testing
is
conducted
in
accordance
with
sections
232.3A
and
600B.41.
(1)
Unless
otherwise
specified
pursuant
to
subsection
2
or
9,
blood
or
genetic
testing
shall
be
conducted
in
an
action
to
overcome
the
establishment
of
paternity
in
the
child
in
need
of
assistance
proceeding.
(2)
Unless
otherwise
specified
in
this
section,
section
600B.41
applies
to
blood
or
genetic
testing
conducted
as
the
result
of
an
action
brought
to
overcome
paternity.
(3)
The
juvenile
court
may
order
additional
testing
to
be
conducted
by
the
expert
or
an
independent
expert
in
order
to
confirm
a
test
upon
which
an
expert
concludes
that
the
established
father
is
not
the
biological
father
of
the
child.
e.
The
juvenile
court
finds
all
of
the
following,
as
applicable:
(1)
That
the
conclusion
of
the
expert
as
disclosed
by
the
evidence
based
upon
blood
or
genetic
testing
demonstrates
that
the
established
father
is
not
the
biological
father
of
the
child.
(2)
If
paternity
was
established
pursuant
to
section
252A.3A,
the
signed
affidavit
was
based
on
fraud,
duress,
or
material
mistake
of
fact.
(3)
The
established
father
agrees
that
his
paternity
should
be
overcome
or
the
juvenile
court
finds
it
is
in
the
best
interest
of
the
child
that
the
established
father’s
paternity
be
overcome
despite
the
established
father’s
objection.
Sec.
12.
Section
600B.41A,
subsection
4,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
If
the
court
finds
that
the
establishment
of
paternity
is
overcome,
in
accordance
with
all
of
the
conditions
prescribed
under
subsection
3
or
3A
,
the
court
shall
enter
an
order
which
provides
all
of
the
following:
Sec.
13.
Section
602.6306,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
District
associate
judges
also
have
jurisdiction
in
civil
actions
for
money
judgment
where
the
amount
in
controversy
does
not
exceed
ten
thousand
dollars;
jurisdiction
over
involuntary
commitment,
treatment,
or
hospitalization
House
File
216,
p.
7
proceedings
under
chapters
125
and
229
;
jurisdiction
of
indictable
misdemeanors,
class
“D”
felony
violations,
and
other
felony
arraignments;
jurisdiction
to
enter
a
temporary
or
emergency
order
of
protection
under
chapter
235F
or
236
,
and
to
make
court
appointments
and
set
hearings
in
criminal
matters;
jurisdiction
to
enter
orders
in
probate
which
do
not
require
notice
and
hearing
and
to
set
hearings
in
actions
under
chapter
633
or
633A
;
and
the
jurisdiction
provided
in
section
232.3A,
600.41A,
or
602.7101
when
designated
as
a
judge
of
the
juvenile
court.
While
presiding
in
these
subject
matters
a
district
associate
judge
shall
employ
district
judges’
practice
and
procedure.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
216,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor