HF 406 (LSB 2268YH (1) 85)

HOUSE FILE 406

BY  DAWSON

A BILL FOR

An Act relating to the district court’s denial of a petition to transfer Indian child custody proceedings to a tribe.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232B.5, subsection 13, Code 2013, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  e.  The proceeding was at an advanced stage when the petition to transfer was received and the petitioner did not file the petition promptly after receiving notice of the hearing.
   NEW PARAGRAPH.  f.  The Indian child is over twelve years of age and objects to the transfer.
EXPLANATION
   The bill adds circumstances that qualify as good cause for a district court to deny a petition to transfer Indian child custody proceedings to a tribe. A circumstance qualifying as good cause now includes when a child custody proceeding was at an advanced stage when the petition to transfer was received by the court and the petitioner failed to promptly file the petition to transfer after receiving notice of the hearing and also includes the objection of an Indian child over the age of 12 to the transfer of the proceeding.