H.F. 302 Section 1. NEW SECTION . 598.41E Custody and visitation —— 1 restrictions —— sexual abuse. 2 1. Notwithstanding section 598.41, and except as otherwise 3 provided in subsection 2, custody and visitation shall not 4 be awarded to a party who is the biological parent of a 5 child if that party has been convicted of having sexually 6 abused the other biological parent or has been found by clear 7 and convincing evidence to have sexually abused the other 8 biological parent, resulting in the conception of the child. 9 2. Notwithstanding subsection 1, if a party who is the 10 biological parent of a child has been convicted of sexual abuse 11 of the other biological parent or has been found by clear 12 and convincing evidence to have sexually abused the other 13 biological parent, resulting in the conception of the child, 14 and the parties are married at the time of the conception, 15 during any subsequent dissolution proceedings, the conviction 16 or finding by clear and convincing evidence of sexual abuse 17 creates a rebuttable presumption that sole or joint custody of 18 the child or visitation by the perpetrator of the sexual abuse 19 is not in the best interest of the child. The court shall 20 provide findings that any custody or visitation arrangement 21 ordered by the court under this subsection adequately protects 22 the child and the victim of the sexual abuse. 23 Sec. 2. Section 600.7, Code 2013, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 5. The biological parent of a child who has 26 been convicted of having sexually abused the other biological 27 parent or has been found by clear and convincing evidence to 28 have sexually abused the other biological parent, resulting in 29 the conception of the child who is the subject of the adoption 30 proceedings, shall not be required to consent to the adoption. 31 Sec. 3. Section 600.11, subsection 2, paragraph a, 32 subparagraph (1), Code 2013, is amended to read as follows: 33 (1) A guardian, guardian ad litem if appointed for the 34 adoption proceedings, and custodian of, and a person in a 35 -1- LSB 1033YH (6) 85 pf/nh 1/ 5

H.F. 302 parent-child relationship with the person to be adopted. This 1 subparagraph does not require notice to be given to a person 2 whose parental rights have been terminated with regard to the 3 person to be adopted , including a biological parent whose 4 parental rights have been terminated based on the grounds 5 specified in section 600A.8, subsection 11, relating to sexual 6 abuse of the other biological parent . 7 Sec. 4. Section 600A.5, subsection 3, paragraph c, Code 8 2013, is amended to read as follows: 9 c. A plain statement of the facts and grounds in section 10 600A.8 which indicate that the parent-child relationship should 11 be terminated. If the grounds stated are those specified 12 in section 600A.8, subsection 11, relating to sexual abuse 13 perpetrated by the biological parent of the child, the 14 petitioner may also petition the court for a temporary order 15 and an injunction prohibiting the individual for whom the 16 petitioner is seeking termination of parental rights from 17 visiting or contacting the child alleging facts sufficient to 18 demonstrate that such prohibition is in the best interest of 19 the child. 20 Sec. 5. Section 600A.6, subsection 1, Code 2013, is amended 21 to read as follows: 22 1. a. A termination of parental rights under this chapter 23 shall, unless provided otherwise in this section , be ordered 24 only after notice has been served on all necessary parties and 25 these parties have been given an opportunity to be heard before 26 the juvenile court except that notice need not be served on the 27 petitioner or on any necessary party who is the spouse of the 28 petitioner. 29 b. (1) “Necessary party” means any person whose name, 30 residence, and domicile are required to be included on the 31 petition under section 600A.5, subsection 3 , paragraphs “a” 32 and “b” , and any putative father who files a declaration of 33 paternity in accordance with section 144.12A , or any unknown 34 putative father, if any , except a biological parent who has 35 -2- LSB 1033YH (6) 85 pf/nh 2/ 5

H.F. 302 been convicted of having sexually abused the other biological 1 parent while not cohabiting with that parent as husband and 2 wife, thereby producing the birth of the child who is the 3 subject of the termination proceedings . 4 (2) “Necessary party” does not include an individual who may 5 be the biological parent of a child conceived as a result of 6 sexual abuse perpetrated by the individual while the individual 7 was not cohabiting with the other parent as husband and wife, 8 if the individual has been convicted of sexual abuse or if 9 other clear and convincing evidence that the sexual abuse 10 occurred is attached to the petition filed under section 11 600A.5. An individual who is not a necessary party and is not 12 served notice under this subparagraph does not have standing to 13 appear and contest a petition for the termination of parental 14 rights, present evidence relevant to the issue of disposition, 15 or make alternative dispositional recommendations. 16 Sec. 6. Section 600A.7, Code 2013, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 4. The grounds specified in section 19 600A.8, subsection 11, relating to conception of the child 20 as the result of sexual abuse may be proven by evidence of 21 a conviction of sexual abuse or other clear and convincing 22 evidence that the individual who is the biological parent of 23 the child committed, during the possible time of conception, 24 sexual abuse against the other biological parent of the child. 25 Sec. 7. Section 600A.8, Code 2013, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 11. A biological parent of the child who is 28 the subject of the termination of parental rights perpetrated 29 sexual abuse against the other biological parent of the child 30 and the child was conceived as a result of the sexual abuse. 31 EXPLANATION 32 This bill relates to the parental rights of a biological 33 parent whose parentage is the result of the biological parent’s 34 perpetration of sexual abuse on the other biological parent, 35 -3- LSB 1033YH (6) 85 pf/nh 3/ 5

H.F. 302 resulting in the conception of the child. 1 The bill amends provisions in Code chapters 598 (dissolution 2 of marriage and domestic relations), 600 (adoption), and 600A 3 (termination of parental rights). 4 Under Code chapter 598, the bill provides that custody 5 and visitation shall not be awarded to a party who is the 6 biological parent of a child if that party has been convicted 7 of having sexually abused the other biological parent or has 8 been found by clear and convincing evidence to have sexually 9 abused the other biological parent, resulting in the conception 10 of the child. Alternatively, if the parties are married at the 11 time of the conception which is the result of sexual abuse for 12 which a biological parent has been convicted or the biological 13 parent has been found by clear and convincing evidence to have 14 sexually abused the other biological parent, during dissolution 15 proceedings, the conviction or finding by clear and convincing 16 evidence of sexual abuse creates a rebuttable presumption 17 that sole or joint custody of the child or visitation by the 18 perpetrator of the sexual abuse is not in the best interest 19 of the child. Additionally, the court is to provide findings 20 that any custody or visitation arrangement ordered by the court 21 adequately protects the child and the victim of the sexual 22 abuse. 23 Under Code chapter 600, the bill provides that a biological 24 parent of a child who has been convicted of having sexually 25 abused the other biological parent or has been found by clear 26 and convincing evidence to have sexually abused the other 27 biological parent, resulting in the conception of the child 28 who is the subject of the adoption proceedings, shall not be 29 required to consent to the adoption. If such person’s parental 30 rights have been terminated, the person is also not required to 31 be provided notice of the adoption hearing. 32 Under Code chapter 600A, the bill provides that in the 33 termination of parental rights, one of the grounds for 34 termination is that a biological parent of the child who is 35 -4- LSB 1033YH (6) 85 pf/nh 4/ 5

H.F. 302 the subject of the termination of parental rights perpetrated 1 sexual abuse against the other biological parent of the 2 child and the child was conceived as a result of the sexual 3 abuse. Under the bill, in the petition for termination of 4 an individual’s parental rights based on sexual abuse that 5 resulted in the conception of a child, the petitioner may 6 request a temporary order and injunction prohibiting that 7 individual from visiting or contacting the child. The bill 8 also provides that a “necessary party” who is required to be 9 served notice of a termination of parental rights proceeding 10 does not include an individual who may be the biological parent 11 of a child conceived as a result of sexual abuse perpetrated by 12 the individual while the individual was not cohabiting with the 13 other parent as husband and wife, if the individual has been 14 convicted of sexual abuse, or the sexual abuse is demonstrated 15 by other clear and convincing evidence. Such individual also 16 does not have standing to appear and contest a petition for the 17 termination of parental rights, present evidence relevant to 18 the issue of disposition, or make alternative dispositional 19 recommendations. The bill provides that in the hearing 20 on termination of parental rights, the grounds relating to 21 conception of the child as the result of sexual abuse may be 22 proven by evidence of a conviction of sexual abuse or other 23 clear and convincing evidence that the individual who is the 24 biological parent of the child committed, during the possible 25 time of conception, sexual abuse against the other biological 26 parent of the child. 27 -5- LSB 1033YH (6) 85 pf/nh 5/ 5