Senate File 264 - Introduced



                                     SENATE FILE       
                                     BY  COMMITTEE ON HUMAN RESOURCES

                                     (SUCCESSOR TO SF 33)


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

                                      A BILL FOR

  1 An Act relating to grandparent and great=grandparent visitation.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1741SV 82
  4 pf/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  600C.1  GRANDPARENT AND
  1  2 GREAT=GRANDPARENT VISITATION.
  1  3    1.  The grandparent or great=grandparent of a minor child
  1  4 may petition the court for grandchild or great=grandchild
  1  5 visitation.
  1  6    2.  The court shall consider a fit parent's objections to
  1  7 granting visitation under this section.  A rebuttable
  1  8 presumption arises that a fit parent's decision to deny
  1  9 visitation to a grandparent or great=grandparent is in the
  1 10 best interest of a minor child.
  1 11    3.  The court may grant visitation to the grandparent or
  1 12 great=grandparent if the court finds all of the following by
  1 13 clear and convincing evidence:
  1 14    a.  The grandparent or great=grandparent has established a
  1 15 substantial relationship with the child prior to the filing of
  1 16 the petition.
  1 17    b.  The parent who is being asked to temporarily relinquish
  1 18 care, custody, and control of the child to provide visitation
  1 19 meets any of the following conditions:
  1 20    (1)  Is unfit to make the decision regarding visitation.
  1 21    (2)  Is a fit parent, but the parent's decision to deny
  1 22 visitation poses substantial harm or potential substantial
  1 23 harm to the child beyond the harm derived from the loss of the
  1 24 helpful, beneficial influence of the grandparent or
  1 25 great=grandparent.
  1 26    c.  It is in the best interest of the child to grant such
  1 27 visitation.
  1 28    4.  For the purposes of this section, "court" means the
  1 29 district court or the juvenile court if that court currently
  1 30 has jurisdiction over the child in a pending action.  If an
  1 31 action is not pending, the district court has jurisdiction.
  1 32    Sec. 2.  Section 600.11, subsection 2, paragraph e, Code
  1 33 2007, is amended to read as follows:
  1 34    e.  A person who has been granted visitation rights with
  1 35 the child to be adopted pursuant to section 598.35 600C.1.
  2  1    Sec. 3.  Section 598.35, Code 2007, is repealed.
  2  2 SF 264
  2  3 pf:rj/cc/26