HSB 163 (LSB 2518YC (4) 86)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE)

A BILL FOR

An Act relating to the transfer of jurisdiction from the juvenile court to the district court related to a child in need of assistance case.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  232.103A  Transfer of jurisdiction related to child in need of assistance case —— bridge order.
   1.  The juvenile court may close a child in need of assistance case by transferring jurisdiction over the child’s custody to the district court determining issues of legal custody, physical care, and visitation through a bridge order, if all of the following criteria are met:
   a.  The child has been adjudicated a child in need of assistance in an active juvenile court case, and a dispositional order in that case is in place.
   b.  Paternity of the child has been legally established.
   c.  The child is safely unified with a parent.
   d.  There is not a current district court order for custody in place.
   e.  The juvenile court has determined that the child in need of assistance case can safely close once there is a custody and visitation order in place.
   f.  A parent qualified for a court appointed attorney in the juvenile court case.
   2.  Any party to a child in need of assistance proceeding in juvenile court may petition for a bridge order when the criteria specified in subsection 1 are met. Such petition shall be set for hearing no less than thirty days nor more than ninety days from the filing date of the petition. The juvenile court, on its own motion, may set a hearing on the issue of a bridge order if such hearing is set no less than thirty days from the date of notice to the parties.
   3.  The juvenile court shall designate the petitioner and respondent for the purposes of the bridge order. A bridge order shall only address matters of custody and visitation. All other matters, including child support, shall be filed by separate petition and shall be subject to existing applicable statutory provisions.
   4.  Upon transferring jurisdiction from the juvenile court to the district court, the clerk of court shall docket the case. Filing fees and other court costs shall not be assessed against the parties.
   5.  The district court shall take judicial notice of the juvenile file in any hearing related to the case. Records contained in the district court case file that were copied or transferred from the juvenile court file concerning the case shall be subject to section 232.147 and other confidentiality provisions of this chapter for cases not involving juvenile delinquency.
   6.  Following the issuance of a bridge order, a party may file a motion for modification of the bridge order. If the motion for modification is filed within one year of the filing date of the bridge order, the party requesting modification shall not be required to show a substantial change of circumstances. If a motion for modification is filed within one year of the filing date of the bridge order, filing fees and other court costs shall not be assessed against the parties.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides for the closing of a child in need of assistance (CINA) case by transferring jurisdiction from the juvenile court to the district court determining issues of legal custody, physical care, and visitation through a bridge order. In order to utilize a bridge order, the case must meet all of the following criteria: the child has been adjudicated a CINA in an active juvenile court case, and the dispositional order is in place; paternity of the child has been legally established; the child is safely unified with a parent; there is not a current district court order for custody in place; the juvenile court has determined that the CINA case can safely close once there is a custody and visitation order in place; and a parent qualified for a court appointed attorney in the juvenile case.
   Under the bill, any party to a child in need of assistance proceeding in juvenile court may petition for a bridge order when the criteria specified in the bill are met. Such a petition is to be set for hearing no less than 30 days nor more than 90 days from the filing date of the petition. The juvenile court, on its own motion, may set a hearing on the issue of a bridge order if such hearing is set no less than 30 days from the date of notice to the parties.
   The bill provides that the juvenile court must designate the petitioner and respondent for the purposes of the bridge order and that the bridge order shall only address matters of custody and visitation, with all other matters, including child support, required to be filed by separate petition subject to existing statutory provisions. The bill provides for docketing of the case and that filing fees and other court costs shall not be assessed against the parties. 
   The bill provides that the district court shall take judicial notice of the juvenile file in any hearing related to the case. Records contained in the district court case file that were copied or transferred from the juvenile court file concerning the case are subject to existing confidentiality provisions under Code chapter 232 (juvenile justice) not involving juvenile delinquency. The bill provides that after a bridge order is filed a party may file a motion for modification and if the motion is filed within one year of the filing date of the bridge order, the party requesting modification shall not be required to show a substantial change of circumstances and filing fees and other court costs are not to be assessed against the parties.