H.F. 264 Section 1. Section 598.10, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. Notwithstanding subsection 1, the 3 court shall not award visitation or temporary custody to a 4 party who is the biological parent of a child if the other 5 biological parent of the child has filed a termination of 6 parental rights petition based on the grounds specified in 7 section 600A.8, subsection 11, during the pendency of the 8 action. 9 Sec. 2. NEW SECTION . 598.41E Custody and visitation —— 10 sexual abuse —— pendency of termination of parental rights 11 action. 12 Notwithstanding section 598.41, custody and visitation shall 13 not be awarded to a party who is the biological parent of a 14 child if the other biological parent of the child has filed a 15 termination of parental rights petition based on the grounds 16 specified in section 600A.8, subsection 11, during the pendency 17 of the action. 18 Sec. 3. Section 600A.5, subsection 3, paragraph c, Code 19 2015, is amended to read as follows: 20 c. A plain statement of the facts and grounds in section 21 600A.8 which indicate that the parent-child relationship should 22 be terminated. If the grounds stated are those specified 23 in section 600A.8, subsection 11, relating to sexual abuse 24 perpetrated by the biological parent of the child, the 25 petitioner may also petition the court for a temporary order 26 and an injunction prohibiting the individual for whom the 27 petitioner is seeking termination of parental rights from 28 visiting or contacting the child alleging facts sufficient to 29 demonstrate that such prohibition is in the best interest of 30 the child. 31 Sec. 4. Section 600A.6, subsection 1, Code 2015, is amended 32 to read as follows: 33 1. a. A termination of parental rights under this chapter 34 shall, unless provided otherwise in this section , be ordered 35 -1- LSB 1138YH (8) 86 pf/nh 1/ 4

H.F. 264 only after notice has been served on all necessary parties and 1 these parties have been given an opportunity to be heard before 2 the juvenile court except that notice need not be served on the 3 petitioner or on any necessary party who is the spouse of the 4 petitioner. 5 b. (1) “Necessary party” means any person whose name, 6 residence, and domicile are required to be included on the 7 petition under section 600A.5, subsection 3 , paragraphs “a” 8 and “b” , and any putative father who files a declaration of 9 paternity in accordance with section 144.12A , or any unknown 10 putative father, if any , except a biological parent who has 11 been convicted of having sexually abused the other biological 12 parent while not cohabiting with that parent as husband and 13 wife, thereby producing the birth of the child who is the 14 subject of the termination proceedings . 15 (2) “Necessary party” does not include an individual 16 who may be the biological parent of a child conceived as a 17 result of sexual abuse perpetrated by the individual, if the 18 other biological parent of the child attaches an affidavit 19 to the petition filed under section 600A.5 attesting that 20 such individual has been convicted of sexual abuse or that 21 other clear and convincing evidence exists that the sexual 22 abuse occurred, or attesting that including the individual 23 as a necessary party would threaten the safety of the other 24 biological parent or the child. 25 Sec. 5. Section 600A.7, Code 2015, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 4. The grounds specified in section 28 600A.8, subsection 11, relating to conception of the child 29 as the result of sexual abuse may be proven by evidence of 30 a conviction of sexual abuse or other clear and convincing 31 evidence that the individual who is the biological parent of 32 the child committed, during the possible time of conception, 33 sexual abuse against the other biological parent of the child. 34 Sec. 6. Section 600A.8, Code 2015, is amended by adding the 35 -2- LSB 1138YH (8) 86 pf/nh 2/ 4

H.F. 264 following new subsection: 1 NEW SUBSECTION . 11. A biological parent of the child who is 2 the subject of the termination of parental rights perpetrated 3 sexual abuse against the other biological parent of the child 4 and the child was conceived as a result of the sexual abuse. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the termination of parental rights of 9 and the awarding of visitation and custody to a biological 10 parent whose parentage is the result of the biological parent’s 11 perpetration of sexual abuse on the other biological parent, 12 resulting in the conception of the child. 13 Under Code chapter 598, the bill provides that the court 14 shall not award either temporary or permanent visitation or 15 custody to a party who is the biological parent of a child 16 if the other biological parent of the child has filed a 17 termination of parental rights petition based on the grounds 18 that the conception of the child is the result of sexual abuse 19 perpetrated by the biological parent against the biological 20 parent filing the petition, during the pendency of the 21 termination of parental rights action. 22 Under Code chapter 600A, the bill provides that in a 23 termination of parental rights action, one of the grounds for 24 termination is that a biological parent of the child who is 25 the subject of the termination of parental rights perpetrated 26 sexual abuse against the other biological parent of the 27 child and the child was conceived as a result of the sexual 28 abuse. Under the bill, in the petition for termination of 29 an individual’s parental rights based on sexual abuse that 30 resulted in the conception of a child, the petitioner may 31 request a temporary order and injunction prohibiting that 32 individual from visiting or contacting the child. 33 The bill also provides that a “necessary party” who is 34 required to be served notice of a termination of parental 35 -3- LSB 1138YH (8) 86 pf/nh 3/ 4

H.F. 264 rights proceeding does not include an individual who may be the 1 biological parent of a child conceived as a result of sexual 2 abuse perpetrated by the individual, if the other biological 3 parent of the child attaches an affidavit to the petition 4 filed under Code section 600A.5 attesting that such individual 5 has been convicted of sexual abuse or that other clear and 6 convincing evidence exists that the sexual abuse occurred, or 7 attesting that including the individual as a necessary party 8 would threaten the safety of the other biological parent or the 9 child. 10 The bill provides that in the hearing on termination of 11 parental rights, the grounds relating to conception of the 12 child as the result of sexual abuse may be proven by evidence 13 of a conviction of sexual abuse or other clear and convincing 14 evidence that the individual who is the biological parent of 15 the child committed, during the possible time of conception, 16 sexual abuse against the other biological parent of the child. 17 -4- LSB 1138YH (8) 86 pf/nh 4/ 4