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