House
Study
Bill
163
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
the
transfer
of
jurisdiction
from
the
1
juvenile
court
to
the
district
court
related
to
a
child
in
2
need
of
assistance
case.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
_____
Section
1.
NEW
SECTION
.
232.103A
Transfer
of
jurisdiction
1
related
to
child
in
need
of
assistance
case
——
bridge
order.
2
1.
The
juvenile
court
may
close
a
child
in
need
of
3
assistance
case
by
transferring
jurisdiction
over
the
child’s
4
custody
to
the
district
court
determining
issues
of
legal
5
custody,
physical
care,
and
visitation
through
a
bridge
order,
6
if
all
of
the
following
criteria
are
met:
7
a.
The
child
has
been
adjudicated
a
child
in
need
8
of
assistance
in
an
active
juvenile
court
case,
and
a
9
dispositional
order
in
that
case
is
in
place.
10
b.
Paternity
of
the
child
has
been
legally
established.
11
c.
The
child
is
safely
unified
with
a
parent.
12
d.
There
is
not
a
current
district
court
order
for
custody
13
in
place.
14
e.
The
juvenile
court
has
determined
that
the
child
in
need
15
of
assistance
case
can
safely
close
once
there
is
a
custody
and
16
visitation
order
in
place.
17
f.
A
parent
qualified
for
a
court
appointed
attorney
in
the
18
juvenile
court
case.
19
2.
Any
party
to
a
child
in
need
of
assistance
proceeding
20
in
juvenile
court
may
petition
for
a
bridge
order
when
the
21
criteria
specified
in
subsection
1
are
met.
Such
petition
22
shall
be
set
for
hearing
no
less
than
thirty
days
nor
more
than
23
ninety
days
from
the
filing
date
of
the
petition.
The
juvenile
24
court,
on
its
own
motion,
may
set
a
hearing
on
the
issue
of
a
25
bridge
order
if
such
hearing
is
set
no
less
than
thirty
days
26
from
the
date
of
notice
to
the
parties.
27
3.
The
juvenile
court
shall
designate
the
petitioner
and
28
respondent
for
the
purposes
of
the
bridge
order.
A
bridge
29
order
shall
only
address
matters
of
custody
and
visitation.
30
All
other
matters,
including
child
support,
shall
be
filed
by
31
separate
petition
and
shall
be
subject
to
existing
applicable
32
statutory
provisions.
33
4.
Upon
transferring
jurisdiction
from
the
juvenile
court
34
to
the
district
court,
the
clerk
of
court
shall
docket
the
35
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_____
case.
Filing
fees
and
other
court
costs
shall
not
be
assessed
1
against
the
parties.
2
5.
The
district
court
shall
take
judicial
notice
of
the
3
juvenile
file
in
any
hearing
related
to
the
case.
Records
4
contained
in
the
district
court
case
file
that
were
copied
or
5
transferred
from
the
juvenile
court
file
concerning
the
case
6
shall
be
subject
to
section
232.147
and
other
confidentiality
7
provisions
of
this
chapter
for
cases
not
involving
juvenile
8
delinquency.
9
6.
Following
the
issuance
of
a
bridge
order,
a
party
10
may
file
a
motion
for
modification
of
the
bridge
order.
If
11
the
motion
for
modification
is
filed
within
one
year
of
12
the
filing
date
of
the
bridge
order,
the
party
requesting
13
modification
shall
not
be
required
to
show
a
substantial
change
14
of
circumstances.
If
a
motion
for
modification
is
filed
15
within
one
year
of
the
filing
date
of
the
bridge
order,
filing
16
fees
and
other
court
costs
shall
not
be
assessed
against
the
17
parties.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
provides
for
the
closing
of
a
child
in
need
of
22
assistance
(CINA)
case
by
transferring
jurisdiction
from
the
23
juvenile
court
to
the
district
court
determining
issues
of
24
legal
custody,
physical
care,
and
visitation
through
a
bridge
25
order.
In
order
to
utilize
a
bridge
order,
the
case
must
meet
26
all
of
the
following
criteria:
the
child
has
been
adjudicated
27
a
CINA
in
an
active
juvenile
court
case,
and
the
dispositional
28
order
is
in
place;
paternity
of
the
child
has
been
legally
29
established;
the
child
is
safely
unified
with
a
parent;
there
30
is
not
a
current
district
court
order
for
custody
in
place;
the
31
juvenile
court
has
determined
that
the
CINA
case
can
safely
32
close
once
there
is
a
custody
and
visitation
order
in
place;
33
and
a
parent
qualified
for
a
court
appointed
attorney
in
the
34
juvenile
case.
35
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Under
the
bill,
any
party
to
a
child
in
need
of
assistance
1
proceeding
in
juvenile
court
may
petition
for
a
bridge
order
2
when
the
criteria
specified
in
the
bill
are
met.
Such
a
3
petition
is
to
be
set
for
hearing
no
less
than
30
days
nor
4
more
than
90
days
from
the
filing
date
of
the
petition.
The
5
juvenile
court,
on
its
own
motion,
may
set
a
hearing
on
the
6
issue
of
a
bridge
order
if
such
hearing
is
set
no
less
than
30
7
days
from
the
date
of
notice
to
the
parties.
8
The
bill
provides
that
the
juvenile
court
must
designate
9
the
petitioner
and
respondent
for
the
purposes
of
the
bridge
10
order
and
that
the
bridge
order
shall
only
address
matters
of
11
custody
and
visitation,
with
all
other
matters,
including
child
12
support,
required
to
be
filed
by
separate
petition
subject
to
13
existing
statutory
provisions.
The
bill
provides
for
docketing
14
of
the
case
and
that
filing
fees
and
other
court
costs
shall
15
not
be
assessed
against
the
parties.
16
The
bill
provides
that
the
district
court
shall
take
17
judicial
notice
of
the
juvenile
file
in
any
hearing
related
to
18
the
case.
Records
contained
in
the
district
court
case
file
19
that
were
copied
or
transferred
from
the
juvenile
court
file
20
concerning
the
case
are
subject
to
existing
confidentiality
21
provisions
under
Code
chapter
232
(juvenile
justice)
not
22
involving
juvenile
delinquency.
The
bill
provides
that
23
after
a
bridge
order
is
filed
a
party
may
file
a
motion
for
24
modification
and
if
the
motion
is
filed
within
one
year
of
25
the
filing
date
of
the
bridge
order,
the
party
requesting
26
modification
shall
not
be
required
to
show
a
substantial
change
27
of
circumstances
and
filing
fees
and
other
court
costs
are
not
28
to
be
assessed
against
the
parties.
29
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