House Study Bill 520 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to the time period during which a vacation or 1 appeal of a termination of parental rights order may be 2 requested. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5341YC (2) 86 pf/nh

H.F. _____ Section 1. Section 232.117, subsection 10, Code 2016, is 1 amended to read as follows: 2 10. If a termination of parental rights order is issued on 3 the grounds that the child is a newborn infant whose parent 4 has voluntarily released custody of the child under section 5 232.116, subsection 1 , paragraph “c” , the court shall retain 6 jurisdiction to change a guardian or custodian and to allow a 7 parent whose rights have been terminated to request vacation 8 or appeal of the termination order which . Any such request 9 must be made filed within thirty fifteen days of issuance of 10 the granting entry of the termination order. The period for 11 request for vacation or appeal by a parent whose rights have 12 been terminated shall not be waived or extended and a vacation 13 or appeal shall not be granted for a request made after the 14 expiration of this period. The court shall grant the vacation 15 request only if it is in the best interest of the child. The 16 supreme court shall prescribe rules to establish the period of 17 thirty days, which shall not be waived or extended, in which a 18 parent whose parental rights have been terminated may request a 19 vacation or appeal of such a termination order administer this 20 subsection . 21 Sec. 2. Section 600A.9, subsection 2, Code 2016, is amended 22 to read as follows: 23 2. If an order is issued under subsection 1 , paragraph “b” 24 of this section , the juvenile court shall retain jurisdiction 25 to change a guardian or custodian and to allow a terminated 26 parent or any putative biological parent to request vacation 27 or appeal of the termination order which . Any such request 28 must be made filed within thirty fifteen days of issuance 29 of the granting entry of the order. The period for request 30 by a terminated parent or by a putative biological parent 31 for vacation or appeal shall not be waived or extended and a 32 vacation or appeal shall not be granted after the expiration 33 of this period. The juvenile court shall grant the vacation 34 request only if it is in the best interest of the child. The 35 -1- LSB 5341YC (2) 86 pf/nh 1/ 2

H.F. _____ supreme court shall prescribe rules to establish a period of 1 thirty days, which shall not be waived or extended, in which a 2 terminated or putative biological parent may request a vacation 3 or appeal of a termination order administer this subsection . 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill reduces the time period during which a request for 8 vacation or appeal of a termination of parental rights order 9 must be filed from within 30 days to within 15 days of the entry 10 of the order under both Code chapter 232 (juvenile justice) and 11 Code chapter 600A (termination of parental rights). The bill 12 also directs the supreme court to prescribe rules to administer 13 the provision. 14 -2- LSB 5341YC (2) 86 pf/nh 2/ 2