House Study Bill 42 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to the rights to involvement of certain 1 individuals in child in need of assistance and termination 2 of parental rights proceedings under the juvenile justice 3 code. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1537YC (5) 86 pf/rj
H.F. _____ Section 1. Section 232.87, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6. For the purposes of the judicial 3 proceedings under this division III, part 4, including the 4 filing of the petition and the contents of the petition under 5 this section, if the biological father of a child has not been 6 otherwise legally determined, an individual named as a parent 7 on the child’s certificate of birth pursuant to section 144.13, 8 subsection 2, shall be deemed a parent of the child. 9 Sec. 2. Section 232.111, subsection 4, paragraph b, 10 subparagraph (1), Code 2015, is amended to read as follows: 11 (1) Living parents of the child. If the biological father 12 of a child has not been otherwise legally determined, the 13 living parent of the child shall include an individual named 14 as a parent on the child’s certificate of birth pursuant to 15 section 144.13, subsection 2. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill provides that for the purposes of child in need of 20 assistance judicial proceedings, including the filing of the 21 petition and the contents of the petition alleging a child to 22 be a child in need of assistance, if the biological father of a 23 child has not been otherwise legally determined, an individual 24 named as a parent on the child’s certificate of birth based on 25 the fact that the mother was married to that individual at the 26 time of conception, birth, or at any time during the period 27 between conception and birth of the child, that individual is 28 deemed to be a parent of the child. 29 The bill also provides that for the purposes of a termination 30 of parental rights proceeding under Code chapter 232 (juvenile 31 justice), if the biological father of a child has not been 32 otherwise legally determined, an individual named as a parent 33 on the child’s certificate of birth based on the fact that 34 the mother was married to that individual at the time of 35 -1- LSB 1537YC (5) 86 pf/rj 1/ 2
H.F. _____ conception, birth, or at any time during the period between 1 conception and birth of the child, that individual is to be 2 included as a living parent of the child for the purposes of 3 the content of the petition and is thereby a necessary party to 4 the proceedings and entitled to notice and an opportunity to be 5 heard. 6 -2- LSB 1537YC (5) 86 pf/rj 2/ 2