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 froman orderfinal 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.AnIn 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