House
File
400
-
Enrolled
House
File
400
AN
ACT
RELATING
TO
THE
VACATION
OF
CERTAIN
TERMINATION
OF
PARENTAL
RIGHTS
ORDERS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
600A.9,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
a.
If
an
order
is
issued
under
subsection
1
,
paragraph
“b”
of
this
section
,
the
juvenile
court
shall
retain
jurisdiction
to
change
a
guardian
or
custodian
and
to
allow
a
terminated
parent
or
any
putative
biological
parent
to
request
vacation
or
appeal
of
the
termination
order
which
request
must
be
made
within
thirty
days
of
issuance
of
the
granting
of
the
order.
The
period
for
request
by
a
terminated
parent
or
by
a
putative
biological
parent
for
vacation
or
appeal
shall
not
be
waived
or
extended
and
a
vacation
or
appeal
shall
not
be
granted
after
the
expiration
of
this
period.
The
juvenile
court
shall
grant
the
vacation
request
only
if
it
is
in
the
best
interest
of
the
child.
The
supreme
court
shall
prescribe
rules
to
establish
a
period
of
thirty
days,
which
shall
not
be
waived
or
extended,
in
which
a
terminated
or
putative
biological
parent
may
request
a
vacation
or
appeal
of
a
termination
order.
House
File
400,
p.
2
b.
If
an
order
is
issued
under
subsection
1,
paragraph
“b”
,
to
terminate
the
parental
rights
of
a
biological
parent
who
indicated
in
the
parent’s
petition
for
termination
of
parental
rights
the
grounds
for
termination
specified
in
section
600A.8,
subsection
1,
but
an
order
to
terminate
the
parental
rights
of
any
other
putative
biological
parent
is
not
issued
by
the
court
pursuant
to
subsection
1,
paragraph
“b”
,
nor
has
the
other
putative
biological
parent
consented
to
the
adoption
in
lieu
of
termination
of
the
parent’s
parental
rights,
thereby
prohibiting
the
filing
of
an
adoption
petition
pursuant
to
section
600.3,
subsection
2,
the
court
shall
allow
the
parent
for
whom
the
court
issued
an
order
terminating
parental
rights
to
request
a
vacation
of
the
order
within
thirty
days
of
issuance
of
the
granting
of
the
order.
The
period
for
request
by
a
terminated
parent
for
vacation
shall
not
be
waived
or
extended
and
a
vacation
shall
not
be
granted
after
the
expiration
of
this
period.
The
juvenile
court
shall
grant
the
vacation
request
only
if
it
is
in
the
best
interest
of
the
child.
The
supreme
court
shall
prescribe
rules
to
establish
a
period
of
thirty
days,
which
shall
not
be
waived
or
extended,
in
which
a
terminated
parent
may
request
a
vacation
of
a
termination
order
under
this
paragraph
“b”
.
______________________________
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
400,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor