House File 482
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 75)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to appeals filed in child in need of assistance
2 and termination of parental rights proceedings.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1210HV 80
5 rh/pj/5
PAG LIN
1 1 Section 1. Section 232.133, subsection 2, Code 2003, is
1 2 amended to read as follows:
1 3 2. Except for appeals from an order final orders entered
1 4 in child in need of assistance proceedings or final orders
1 5 entered pursuant to section 232.117, appellate procedures
1 6 shall be governed by the same provisions applicable to appeals
1 7 from the district court. The supreme court may prescribe
1 8 rules to expedite the resolution of appeals from final orders
1 9 entered in child in need of assistance proceedings or final
1 10 orders entered pursuant to section 232.117.
1 11 Sec. 2. Section 602.4102, subsection 4, Code 2003, is
1 12 amended to read as follows:
1 13 4. A party to an appeal decided by the court of appeals
1 14 may, as a matter of right, file an application with the
1 15 supreme court for further review.
1 16 a. An application for further review in an appeal from a
1 17 child in need of assistance or termination of parental rights
1 18 proceeding shall not be granted by the supreme court unless
1 19 filed within ten days following the filing of the decision of
1 20 the court of appeals.
1 21 b. An In all other cases, an application for further
1 22 review shall not be granted by the supreme court unless the
1 23 application was filed within twenty days following the filing
1 24 of the decision of the court of appeals.
1 25 4A. The court of appeals shall extend the time for filing
1 26 of an application if the court of appeals determines that a
1 27 failure to timely file an application was due to the failure
1 28 of the clerk of the court of appeals to notify the prospective
1 29 applicant of the filing of the decision. If an application
1 30 for further review is not acted upon by the supreme court
1 31 within thirty days after the application was filed, the
1 32 application is deemed denied, the supreme court loses
1 33 jurisdiction, and the decision of the court of appeals is
1 34 conclusive.
1 35 EXPLANATION
2 1 This bill provides that the supreme court may prescribe
2 2 rules to expedite the time frame for appeals from final orders
2 3 entered in child in need of assistance proceedings and
2 4 termination of parental rights.
2 5 The bill further provides that an application for further
2 6 review to the Iowa supreme court in an appeal from a child in
2 7 need of assistance or termination of parental rights
2 8 proceeding must be filed within 10 days following the filing
2 9 of the decision of the Iowa court of appeals.
2 10 LSB 1210HV 80
2 11 rh/pj/5