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