House File 2211

                                       HOUSE FILE       
                                       BY  STEVENS


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for grandparent or other relative visitation
  2    under certain circumstances with a child adjudicated as a
  3    child in need of assistance.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6191HH 80
  6 jp/gg/14

PAG LIN

  1  1    Section 1.  Section 232.102, Code Supplement 2003, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  13.  Unless prohibited by the court order
  1  4 transferring custody of the child for placement or other court
  1  5 order or the department or agency that received the custody
  1  6 transfer finds that allowing the visitation would not be in
  1  7 the child's best interest, the department or agency may
  1  8 authorize reasonable visitation with the child by the child's
  1  9 grandparent, great=grandparent, or other adult relative who
  1 10 has established a substantial relationship with the child.
  1 11 The visitation shall not be authorized for a grandparent or
  1 12 great=grandparent whose petition for visitation under section
  1 13 598.35 has been denied.  If visitation with the grandparent,
  1 14 great=grandparent, or other relative was authorized by court
  1 15 order prior to removal of the child, a visitation
  1 16 authorization under this subsection shall comply with the
  1 17 court order.
  1 18                           EXPLANATION
  1 19    This bill provides for grandparent or other relative
  1 20 visitation under certain circumstances with a child
  1 21 adjudicated as a child in need of assistance.
  1 22    The bill amends Code section 232.102, relating to
  1 23 disposition orders for children found to be in need of
  1 24 assistance.  The amendment allows the department of human
  1 25 services or private agency to which custody of the child has
  1 26 been transferred to allow the child's grandparent or other
  1 27 adult relative to have visitation.  The visitation may be
  1 28 prohibited by the court order for the child's removal and may
  1 29 not be allowed if the department or agency finds the
  1 30 visitation is not in the child's best interest.  In addition,
  1 31 authorizing the visitation is prohibited when the grandparent
  1 32 or great=grandparent has petitioned for visitation under Code
  1 33 section 598.35 and the petition has been denied.  If a court
  1 34 order entered prior to removal of the child authorized
  1 35 visitation by the child's grandparent, great=grandparent, or
  2  1 other relative, an authorization for visitation during the
  2  2 out=of=home placement must comply with that order.
  2  3 LSB 6191HH 80
  2  4 jp/gg/14