House
File
2238
-
Introduced
HOUSE
FILE
2238
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
627)
A
BILL
FOR
An
Act
relating
to
termination
of
parental
rights
and
1
identification
information
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
2238
Section
1.
Section
232.2,
subsection
4,
paragraph
f,
1
subparagraph
(7),
Code
2011,
is
amended
to
read
as
follows:
2
(7)
Provision
for
the
department
or
a
designee
of
the
3
department
on
or
before
the
date
the
child
reaches
age
eighteen
4
or
upon
entry
of
an
order
under
this
chapter
for
termination
5
of
parental
rights
to
provide
to
the
child
or
the
child’s
6
guardian
a
certified
copy
of
the
child’s
birth
certificate
and
7
to
facilitate
securing
a
federal
social
security
card.
The
8
fee
for
the
certified
copy
that
is
otherwise
chargeable
under
9
section
144.13A
,
144.46
,
or
331.605
shall
be
waived
by
the
10
state
or
county
registrar.
11
Sec.
2.
Section
715A.8,
Code
2011,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
9.
A
person
whose
parental
rights
with
14
respect
to
a
child
have
been
terminated
under
section
232.117
15
who
at
any
time
fraudulently
uses
or
attempts
to
fraudulently
16
use
the
child’s
identification
information
with
the
intent
to
17
obtain
credit,
property,
services,
or
other
benefit,
commits
18
the
offense
of
identity
theft.
19
EXPLANATION
20
This
bill
relates
to
termination
of
parental
rights
and
21
identification
information
by
requiring
certain
identity
22
documents
to
be
provided
to
children
or
their
guardians
upon
23
entry
of
a
court
order
for
termination
of
parental
rights
and
24
establishing
an
identity
theft
crime
for
persons
whose
parental
25
rights
have
been
terminated.
26
The
identity
documents
requirement
is
inserted
as
part
of
27
the
definition
of
“case
permanency
plan”
in
Code
section
232.2,
28
that
is
required
by
federal
law
and
applicable
to
children
in
29
a
court-ordered
out-of-home
placement.
Under
current
law,
30
on
or
before
a
child
in
such
a
placement
reaches
age
18,
31
the
department
of
human
services
or
a
departmental
designee
32
is
required
to
provide
to
the
child
a
certified
copy
of
the
33
child’s
birth
certificate
and
to
facilitate
securing
a
federal
34
social
security
card.
35
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H.F.
2238
Code
section
715A.8,
relating
to
the
crime
of
identity
1
theft,
is
amended
to
provide
that
a
person
whose
parental
2
rights
with
respect
to
a
child
have
been
terminated
under
Code
3
section
232.117
who
at
any
time
fraudulently
uses
or
attempts
4
to
fraudulently
use
the
child’s
identification
information
5
with
the
intent
to
obtain
credit,
property,
services,
or
other
6
benefit,
commits
the
offense
of
identity
theft.
This
crime
7
is
an
unlawful
practice
under
Code
section
714.16,
relating
8
to
consumer
frauds,
and
may
be
punished
with
civil
penalties
9
ordered
by
the
court.
The
victim
of
the
identity
theft
may
10
also
bring
a
civil
action
under
Code
section
714.16B
for
11
damages,
recovery
of
costs,
and
punitive
damages.
12
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