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
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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
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