HF 318 (LSB 1406YH (11) 85)

HOUSE FILE 318

BY  ROGERS and WINDSCHITL

A BILL FOR

An Act relating to parental responsibilities including those related to custody and support and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 144.13, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  The state registrar shall include with the birth certificate application, a separate statement, to be attested to by any parent and submitted to the state registrar, that in accordance with section 252A.3, the parent is liable for support of the child. The statement shall also provide notification to a parent that failure to comply with section 252A.3 may subject the parent to a proceeding to compel support pursuant to section 252A.5 and that failure or refusal to provide support for the person’s child may be grounds for the crime of nonsupport pursuant to section 726.5. The signed attestation submitted to the state registrar under this subsection is considered a confidential record under chapter 22. The birth certificate application shall also include separate contact information for state agencies, including but not limited to the department of workforce development, that assist individuals in finding employment and a detachable checkoff for a parent who is unemployed to request assistance in finding employment.
    Sec. 2.  Section 144.13, subsection 3, Code 2013, is amended to read as follows:
   3.
  a.  If the mother was not married at the time of conception, birth, and at any time during the period between conception and birth, the
 
mother shall enter the name of the father shall not be entered on the certificate of birth, unless a determination of
 
subject to paternity has been made
 
being established pursuant to section 252A.3, in which case the name of the father as established shall be entered by the department. If
 
The mother may refuse to enter the name of the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate
 
only if the mother files an affidavit with the certificate of birth, under penalty of perjury, attesting that she does not know who the father is or attesting that she has made a good-faith effort to identify the father but was unable to do so as supported by evidence demonstrating the good-faith effort, or if good cause is shown.

If a mother files an affidavit or asserts good cause in refusing to enter the name of the father on the birth certificate, upon receipt of the birth certificate by the state registrar, the state registrar shall forward the affidavit or good cause claim and any supporting evidence to the department of human services for investigation. If the mother’s affidavit or good cause claim and the investigation of the supporting evidence satisfies the department of human services, the department of human services shall grant the exemption and notify the state registrar.
   b.  For the purposes of this subsection, “good cause” exists when the mother asserts and provides evidence to support any of the following claims in refusing to name the father on the birth certificate:
   (1)  That a history of domestic abuse as defined in section 236.2 exists.
   (2)  That a history of child abuse as defined in section 232.68 exists.
   (3)  That the child was conceived as a result of incest or sexual abuse.
   c.  Evidence supporting a good cause claim includes but is not limited to any of the following:
   (1)  A medical or law enforcement record indicating that the child was conceived as the result of incest or sexual abuse.
   (2)  Documentation of commencement of an action pursuant to section 236.3, the issuance of a protective order against the parent or the issuance of a court order or consent agreement pursuant to section 236.5, the issuance of an emergency order pursuant to section 236.6, the holding of a parent in contempt pursuant to section 664A.7, the response of a peace officer to the scene of alleged domestic abuse or the arrest of a parent following response to a report of alleged domestic abuse, or a conviction for domestic abuse assault pursuant to section 708.2A.
   (3)  Documentation of founded child abuse pursuant to section 232.71D.
   (4)  Sworn statements from individuals other than the mother that provide evidence supporting the good cause claim.
   d.  The department shall adopt rules pursuant to chapter 17A to specify the documentation necessary to demonstrate a good-faith effort by the mother in identifying the father of the child under this subsection. 
   e.  An affidavit or good cause claim with any supporting evidence submitted under this subsection is a confidential record under chapter 22.
   f.  A decision by the department under this subsection is final agency action and is subject to judicial review in accordance with chapter 17A.
    Sec. 3.  NEW SECTION.  217.25  Prerequisite for receipt of public assistance.
   The department of human services shall establish as a prerequisite for application for the family investment program pursuant to chapter 239B or the medical assistance program pursuant to chapter 249A that the entity receiving the application verify that any child who is included in the family unit has a completed birth certificate pursuant to section 144.13, unless an exemption was granted based on an affidavit filed or good cause shown pursuant to section 144.13. If the department determines that the birth certificate is not complete and an exemption was not granted, the department shall deny the application for assistance and inform the applicant of the denial. A decision by the department under this subsection is final agency action and is subject to judicial review in accordance with chapter 17A.
EXPLANATION
   This bill relates to custody and support of a child.
   The bill directs the state registrar to include with the birth certificate application, a separate statement, to be attested to by any parent and submitted to the state registrar, that in accordance with Code section 252A.3, the parent is liable for support of the child. The statement is also to provide notification to a parent that failure to comply with this provision may subject the parent to a proceeding to compel support and that failure or refusal to provide support for the person’s child may be grounds for the crime of nonsupport, which is a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. The signed attestation submitted to the state registrar is considered a confidential record. The birth certificate application is also to include separate contact information for state agencies, including but not limited to the department of workforce development, that assist individuals in finding employment and a detachable checkoff for a parent who is unemployed to request assistance in finding employment.
   The bill amends Code section 144.13 to require a mother who was not married at the time of the conception, birth, and at any time during the period between conception and birth to enter the name of the father on the certificate of birth, unless the mother files an affidavit, under penalty of perjury, attesting to not knowing who the father is or attesting that she has made a good-faith effort to identify the father but was unable to do so as supported by evidence demonstrating the good-faith effort, or if good cause is shown. The bill provides that if a mother files the affidavit or asserts good cause in refusing to enter the name of the father on the birth certificate, upon receipt of the birth certificate by the state registrar, the state registrar shall forward the claim and any supporting evidence to the department of human services (DHS) for investigation. If the mother’s claim and the investigation of the supporting evidence satisfies DHS, DHS is required to grant the exemption and notify the state registrar. The bill specifies what constitutes “good cause”, what constitutes evidence supporting a claim of “good cause”, and directs DHS to adopt rules to specify the documentation necessary for a good-faith effort claim. The affidavits, good cause claim, and supporting evidence are confidential records. The department’s decision is final agency action and subject to judicial review.
   The bill directs DHS to establish as a prerequisite for application for the family investment program or the medical assistance program that the entity receiving the application verifies that any child who is included in the family unit has a completed birth certificate pursuant to Code section 144.13, unless an exemption was granted based on the affidavit filed by the mother or for good cause. If DHS determines that the birth certificate is not complete and an exemption was not granted, the department shall deny the application for assistance and inform the applicant of the denial. The department’s decision is final agency action and subject to judicial review.