House File 335 - Introduced
HOUSE FILE
BY DANDEKAR, HEATON, SWAIM,
PETERSEN, ROBERTS, FOEGE,
and SMITH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to child=placing agency contracts and
2 establishing a cause of action.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2243HH 81
5 pf/pj/5
PAG LIN
1 1 Section 1. NEW SECTION. 238.44A CONTRACTS FOR ADOPTIVE
1 2 SERVICES == REQUIRED INFORMATION.
1 3 1. A child=placing agency licensed to place children for
1 4 adoption shall include in any contract with an applicant for
1 5 adoptive services, a statement that if a child is placed with
1 6 a prospective adoptive family prior to finalization of the
1 7 adoption and the child is subsequently removed from such
1 8 placement, the child=placing agency is required to provide the
1 9 applicant with the reasons for removal of the child.
1 10 2. If a child=placing agency, other than the department of
1 11 human services, does not comply with subsection 1 by not
1 12 including the required information in the contract or by not
1 13 providing an applicant with the reasons for removal of a
1 14 child, in addition to any rights of appeal otherwise provided
1 15 the applicant, the noncompliance constitutes a cause of action
1 16 for the applicant against the child=placing agency for
1 17 recovery of all fees and costs previously paid by the
1 18 applicant, and reasonable court costs and attorney fees.
1 19 Sec. 2. Section 600.8, Code 2005, is amended by adding the
1 20 following new subsection:
1 21 NEW SUBSECTION. 13. a. If an agency removes a minor
1 22 person to be adopted from a prospective adoption petitioner's
1 23 home following a placement of the minor person in the
1 24 petitioner's home, the agency shall provide the prospective
1 25 adoption petitioner with the reasons for the removal.
1 26 b. If an agency, other than the department of human
1 27 services, does not comply with the requirement pursuant to
1 28 paragraph "a" to provide the reasons for removal, the
1 29 noncompliance constitutes a cause of action for the
1 30 prospective adoption petitioner against the agency for
1 31 recovery of all fees and costs previously paid by the
1 32 petitioner, and reasonable court costs and attorney fees.
1 33 Sec. 3. NEW SECTION. 600A.4A REQUIREMENTS FOR REMOVAL OF
1 34 CHILD PLACED WITH PERSON INTENDING TO ADOPT CHILD PRIOR TO
1 35 PARENTAL RIGHTS TERMINATION.
2 1 1. If an agency places a child with a person who intends
2 2 to adopt the child, prior to the granting of a petition for
2 3 termination of parental rights, but subsequently removes the
2 4 child, the agency shall provide the person with the reasons
2 5 for the removal.
2 6 2. If an agency, other than the department of human
2 7 services, does not comply with the requirement pursuant to
2 8 subsection 1 to provide the reasons for the removal, the
2 9 noncompliance constitutes a cause of action for the person who
2 10 intends to adopt the child against the agency for recovery of
2 11 all fees and costs previously paid by the person, and
2 12 reasonable court costs and attorney fees.
2 13 EXPLANATION
2 14 This bill requires a licensed child=placing agency that
2 15 provides adoption services to include in any contract for
2 16 services with an applicant, a statement that if a child is
2 17 placed with an approved adoptive family prior to finalization
2 18 of the adoption and the child is subsequently removed from
2 19 such placement, the child=placing agency is required to
2 20 provide the applicant with the reasons for removal of the
2 21 child. If the child=placing agency, other than the department
2 22 of human services, does not include the required information
2 23 in the contract or does not provide an applicant with the
2 24 reasons for removal of a child, in addition to any rights of
2 25 appeal otherwise provided the applicant, the noncompliance
2 26 constitutes a cause of action for the applicant against the
2 27 child=placing agency for recovery of all fees and costs
2 28 previously paid by the applicant, and reasonable court costs
2 29 and attorney fees.
2 30 The bill also includes similar language in the adoption
2 31 Code chapter and the termination of parental rights Code
2 32 chapter to require provision of the reasons for removal of a
2 33 child from the home of the person seeking adoption of the
2 34 child, and providing for a cause of action based on lack of
2 35 compliance with the requirement.
3 1 LSB 2243HH 81
3 2 pf:nh/pj/5