House File 406 - Introduced HOUSE FILE 406 BY DAWSON A BILL FOR An Act relating to the district court’s denial of a petition to 1 transfer Indian child custody proceedings to a tribe. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2268YH (1) 85 ad/nh

H.F. 406 Section 1. Section 232B.5, subsection 13, Code 2013, is 1 amended by adding the following new paragraphs: 2 NEW PARAGRAPH . e. The proceeding was at an advanced stage 3 when the petition to transfer was received and the petitioner 4 did not file the petition promptly after receiving notice of 5 the hearing. 6 NEW PARAGRAPH . f. The Indian child is over twelve years of 7 age and objects to the transfer. 8 EXPLANATION 9 The bill adds circumstances that qualify as good cause for 10 a district court to deny a petition to transfer Indian child 11 custody proceedings to a tribe. A circumstance qualifying as 12 good cause now includes when a child custody proceeding was at 13 an advanced stage when the petition to transfer was received 14 by the court and the petitioner failed to promptly file the 15 petition to transfer after receiving notice of the hearing and 16 also includes the objection of an Indian child over the age of 17 12 to the transfer of the proceeding. 18 -1- LSB 2268YH (1) 85 ad/nh 1/ 1