Senate File 2212 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 3122)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to determinations in child in need of assistance
  2    proceedings, and modifying circumstances for termination of
  3    parental rights.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5975SV 82
  6 jm/nh/5

PAG LIN



  1  1    Section 1.  Section 232.102, subsection 12, paragraph c,
  1  2 Code Supplement 2007, is amended to read as follows:
  1  3    c.  The parent's parental rights have been terminated under
  1  4 section 232.116 or terminated by an order of a court of
  1  5 competent jurisdiction in another state with respect to
  1  6 another child who is a member of the same family, and there is
  1  7 clear and convincing evidence to show that the offer or
  1  8 receipt of services would not be likely within a reasonable
  1  9 period of time to correct the conditions which led to the
  1 10 child's removal.
  1 11    Sec. 2.  Section 232.116, subsection 1, paragraph g,
  1 12 subparagraph (2), Code Supplement 2007, is amended to read as
  1 13 follows:
  1 14    (2)  The court has terminated parental rights pursuant to
  1 15 section 232.117 with respect to another child who is a member
  1 16 of the same family or a court of competent jurisdiction in
  1 17 another state has entered an order terminating parental rights
  1 18 with respect to another child who is a member of the same
  1 19 family.
  1 20                           EXPLANATION
  1 21    This bill modifies aggravated circumstance determinations
  1 22 in child in need of assistance proceedings and circumstances
  1 23 for termination of parental rights.
  1 24    Under the bill, in child in need of assistance proceedings,
  1 25 if the juvenile court finds that the parent's parental rights
  1 26 have been terminated by an order of a court of competent
  1 27 jurisdiction in another state with respect to another child
  1 28 who is a member of the same family, the court may waive the
  1 29 requirement that reasonable efforts be made to preserve the
  1 30 family.  Current law provides that if the court finds the
  1 31 parent's parental rights have been terminated under Iowa law
  1 32 with respect to another child who is a member of the same
  1 33 family, the court may waive the requirement that reasonable
  1 34 efforts be made to preserve the family.
  1 35    Currently, in termination of parental rights proceedings,
  2  1 the juvenile court may terminate the parental rights of a
  2  2 parent if certain circumstances exist, including that the
  2  3 parent's parental rights have been terminated under Iowa law.
  2  4 The bill provides that such termination could have occurred
  2  5 pursuant to an order of a court of competent jurisdiction in
  2  6 another state with respect to another child who is a member of
  2  7 the same family.
  2  8 LSB 5975SV 82
  2  9 jm/nh/5