House File 134 - Introduced HOUSE FILE 134 BY FRY A BILL FOR An Act relating to the required provision of informed consent 1 by both parents prior to the provision of nonemergency 2 medical services to a minor child under a custody decree. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2045YH (4) 86 pf/nh

H.F. 134 Section 1. Section 598.1, subsections 3 and 5, Code 2015, 1 are amended to read as follows: 2 3. “Joint custody” or “joint legal custody” means an award 3 of legal custody of a minor child to both parents jointly 4 under which both parents have legal custodial rights and 5 responsibilities toward the child and under which neither 6 parent has legal custodial rights superior to those of the 7 other parent. Rights and responsibilities of joint legal 8 custody include but are not limited to equal participation 9 in decisions affecting the child’s legal status, medical 10 care, education, extracurricular activities, and religious 11 instruction. Such equal participation shall include that both 12 parents are required to provide informed consent prior to the 13 provision to a minor child of nonemergency medical services for 14 which informed consent of a parent is otherwise required, if 15 ordered in the custody decree. 16 5. “Legal custody” or “custody” means an award of the 17 rights of legal custody of a minor child to a parent under 18 which a parent has legal custodial rights and responsibilities 19 toward the child. Rights and responsibilities of legal custody 20 include but are not limited to decision making affecting the 21 child’s legal status, medical care, education, extracurricular 22 activities, and religious instruction. Such decision making 23 shall include that both parents are required to provide 24 informed consent prior to the provision to a minor child of 25 nonemergency medical services for which informed consent of a 26 parent is otherwise required, if ordered in the custody decree. 27 Sec. 2. Section 598.41, subsection 1, paragraph e, Code 28 2015, is amended to read as follows: 29 e. Unless otherwise ordered by the court in the custody 30 decree, both parents shall have legal access to information 31 concerning the child, including but not limited to medical, 32 educational and law enforcement records. The custody decree 33 shall also address whether both parents are required to provide 34 informed consent prior to the provision to a minor child of 35 -1- LSB 2045YH (4) 86 pf/nh 1/ 2

H.F. 134 nonemergency medical services for which informed consent of a 1 parent is otherwise required. 2 Sec. 3. Section 598.41, subsection 5, paragraph b, Code 3 2015, is amended to read as follows: 4 b. If joint physical care is not awarded under paragraph 5 “a” , and only one joint custodial parent is awarded physical 6 care, the parent responsible for providing physical care 7 shall support the other parent’s relationship with the child. 8 Physical care awarded to one parent does not affect the other 9 parent’s rights and responsibilities as a joint legal custodian 10 of the child. Rights and responsibilities as joint legal 11 custodian of the child include but are not limited to equal 12 participation in decisions affecting the child’s legal status, 13 medical care, education, extracurricular activities, and 14 religious instruction. Such equal participation shall include 15 that both parents are required to provide informed consent 16 prior to the provision to the minor child of nonemergency 17 medical services for which informed consent of a parent is 18 otherwise required, if provided in the custody decree. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill provides that as part of a custody decree the 23 court is to address whether both parents who are awarded legal 24 custody are required to provide informed consent prior to the 25 provision to a minor child of nonemergency medical services 26 for which informed consent of a parent is otherwise required. 27 The bill makes conforming changes in the definitions of “joint 28 legal custody” or “joint custody” and “legal custody” or 29 “custody” under Code chapter 598 (dissolution of marriage and 30 domestic relations). 31 -2- LSB 2045YH (4) 86 pf/nh 2/ 2