House File 2116 - Introduced HOUSE FILE BY STRUYK Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for termination of the parental rights of a 2 child's parent who has been convicted of certain offenses 3 against a minor. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5255YH 81 6 jp/je/5 PAG LIN 1 1 Section 1. Section 232.111, subsection 2, paragraph a, 1 2 Code 2005, is amended by adding the following new 1 3 subparagraph: 1 4 NEW SUBPARAGRAPH. (7) The parent has been convicted of an 1 5 offense described in section 232.116, subsection 1, paragraph 1 6 "o" and the other conditions under that paragraph "o" are met. 1 7 The county attorney shall file the petition immediately upon 1 8 the parent's conviction for such offense. 1 9 Paragraph "b" is not applicable to this subparagraph. 1 10 Sec. 2. Section 232.116, subsection 1, Code 2005, is 1 11 amended by adding the following new paragraph: 1 12 NEW PARAGRAPH. o. The court finds that all of the 1 13 following conditions exist: 1 14 (1) The parent is divorced from or was never married to 1 15 the child's other parent. 1 16 (2) The parent will be required to register as a sex 1 17 offender under section 692A.2 upon the date of the offender's 1 18 placement on probation or release from confinement for an 1 19 offense that subjects the parent to the residency restrictions 1 20 under section 692A.2A. 1 21 (3) The offense was committed on or after the date the 1 22 child was born. 1 23 In considering whether to terminate the rights of a parent 1 24 under this paragraph "o", in addition to the considerations 1 25 under subsection 2, the court shall give consideration to the 1 26 preference of the child and the preference of the child's 1 27 other parent, if applicable. 1 28 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 1 29 3, shall not apply to this Act. 1 30 EXPLANATION 1 31 This bill provides for termination of the parental rights 1 32 of a child's parent who has been convicted of certain offenses 1 33 against a minor. The bill is applicable to a parent if the 1 34 parent is divorced from or was never married to the child's 1 35 other parent. 2 1 Code section 232.111, relating to the filing of a petition 2 2 for termination of parental rights with the juvenile court, is 2 3 amended to apply a new requirement for the county attorney to 2 4 immediately file such a petition when a parent has been 2 5 convicted of a criminal offense against a minor or an offense 2 6 involving a minor, as provided in Code section 232.116, 2 7 subsection 1, paragraph "o", that is part of the bill. The 2 8 bill provides that existing exceptions to requirements for the 2 9 county attorney to file such a petition are not applicable to 2 10 the new requirement. 2 11 Code section 232.116, relating to the grounds for 2 12 termination of parental rights, is amended to provide new 2 13 grounds. The parent must have been divorced from or never 2 14 married to the child's other parent. The parent must meet the 2 15 requirements for mandatory registration as a sex offender 2 16 under Code section 692A.2. The mandatory registration 2 17 condition is applicable due to the parent's conviction for a 2 18 criminal offense against a minor, or an offense involving a 2 19 minor that is an aggravated offense, sexually violent offense, 2 20 or other relevant offense, and the offense is subject to the 2 21 residency restrictions under Code section 692A.2A. Finally, 2 22 the offense must have occurred on or after the date the child 2 23 was born. The residency restrictions under Code section 2 24 692A.2A provide that a conviction for certain offenses 2 25 involving a minor triggers a prohibition against the offender 2 26 residing within 2,000 feet of the real property comprising a 2 27 public or nonpublic elementary or secondary school or a child 2 28 care facility. 2 29 The bill requires the court, in considering whether to 2 30 terminate the rights of a parent under the new grounds, in 2 31 addition to the considerations under existing law, to give 2 32 consideration to the preference of the child and the 2 33 preference of the child's other parent, if applicable. 2 34 Existing law for termination of parental rights under Code 2 35 section 232.116 requires the court to give primary 3 1 consideration to the child's safety, to the best placement for 3 2 furthering the long=term nurturing and growth of the child, 3 3 and to the physical, mental, and emotional condition and needs 3 4 of the child, and lists other elements that may be considered 3 5 by the court. 3 6 The bill ties the offense requiring the filing of a 3 7 petition to terminate parental rights to the various criminal 3 8 offenses against a person that trigger the mandate for a 3 9 convicted offender to register as a sex offender upon the date 3 10 of the offender's placement on probation or release from 3 11 confinement. 3 12 The bill may include a state mandate as defined in Code 3 13 section 25B.3. The bill makes inapplicable Code section 3 14 25B.2, subsection 3, which would relieve a political 3 15 subdivision from complying with a state mandate if funding for 3 16 the cost of the state mandate is not provided or specified. 3 17 Therefore, political subdivisions are required to comply with 3 18 any state mandate included in the bill. 3 19 LSB 5255YH 81 3 20 jp:rj/je/5.1