S.F. 99 Section 1. Section 600A.8, Code 2015, is amended to read as 1 follows: 2 600A.8 Grounds for termination. 3 The juvenile court shall base its findings and order under 4 section 600A.9 on clear and convincing proof. The following 5 shall be, either separately or jointly, grounds for ordering 6 termination of parental rights: 7 1. A parent has signed a release of custody pursuant to 8 section 600A.4 and the release has not been revoked. 9 2. A parent has petitioned for the parent’s termination of 10 parental rights pursuant to section 600A.5 . 11 3. The parent has abandoned the child. For the purposes of 12 this subsection , a parent is deemed to have abandoned a child 13 as follows: 14 a. (1) If the child is less than six months of age 15 when the termination hearing is held, a parent is deemed to 16 have abandoned the child unless the parent does all of the 17 following: 18 (a) Demonstrates a willingness to assume custody of the 19 child rather than merely objecting to the termination of 20 parental rights. 21 (b) Takes prompt action to establish a parental 22 relationship with the child. 23 (c) Demonstrates, through actions, a commitment to the 24 child. 25 (2) In determining whether the requirements of this 26 paragraph “a” are met, the court may consider all of the 27 following: 28 (a) The fitness and ability of the parent in personally 29 assuming custody of the child, including a personal and 30 financial commitment which is timely demonstrated. 31 (b) Whether efforts made by the parent in personally 32 assuming custody of the child are substantial enough to evince 33 a settled purpose to personally assume all parental duties. 34 (c) With regard to a putative father, whether the putative 35 -1- LSB 1969XS (4) 86 pf/nh 1/ 7

S.F. 99 father publicly acknowledged paternity or held himself out to 1 be the father of the child during the six continuing months 2 immediately prior to the termination proceeding. 3 (d) With regard to a putative father, whether the putative 4 father paid a fair and reasonable sum, in accordance with the 5 putative father’s means, for medical, hospital, and nursing 6 expenses incurred in connection with the mother’s pregnancy or 7 with the birth of the child, or whether the putative father 8 demonstrated emotional support as evidenced by the putative 9 father’s conduct toward the mother. 10 (e) Any measures taken by the parent to establish legal 11 responsibility for the child. 12 (f) Any other factors evincing a commitment to the child. 13 b. If the child is six months of age or older when the 14 termination hearing is held, a parent is deemed to have 15 abandoned the child unless the parent maintains substantial and 16 continuous or repeated contact with the child as demonstrated 17 by contribution toward support of the child of a reasonable 18 amount, according to the parent’s means, and as demonstrated 19 by any of the following: 20 (1) Visiting the child at least monthly when physically and 21 financially able to do so and when not prevented from doing so 22 by the person having lawful custody of the child. 23 (2) Regular communication with the child or with the person 24 having the care or custody of the child, when physically and 25 financially unable to visit the child or when prevented from 26 visiting the child by the person having lawful custody of the 27 child. 28 (3) Openly living with the child for a period of six 29 months within the one-year period immediately preceding the 30 termination of parental rights hearing and during that period 31 openly holding himself or herself out to be the parent of the 32 child. 33 c. The subjective intent of the parent, whether expressed 34 or otherwise, unsupported by evidence of acts specified in 35 -2- LSB 1969XS (4) 86 pf/nh 2/ 7

S.F. 99 paragraph “a” or “b” manifesting such intent, does not preclude 1 a determination that the parent has abandoned the child. In 2 making a determination, the court shall not require a showing 3 of diligent efforts by any person to encourage the parent to 4 perform the acts specified in paragraph “a” or “b” . In making 5 a determination regarding a putative father, the court may 6 consider the conduct of the putative father toward the child’s 7 mother during the pregnancy. Demonstration of a commitment to 8 the child is not met by the putative father marrying the mother 9 of the child after adoption of the child. 10 4. A parent has been ordered to contribute to the support 11 of the child or financially aid in the child’s birth and has 12 failed to do so without good cause. 13 5. A parent does not object to the termination after having 14 been given proper notice and the opportunity to object. 15 6. A parent does not object to the termination although 16 every reasonable effort has been made to identify, locate and 17 give notice to that parent as required in section 600A.6 . 18 7. An adoptive parent requests termination of parental 19 rights and the parent-child relationship based upon a showing 20 that the adoption was fraudulently induced in accordance with 21 the procedures set out in section 600A.9, subsection 3 . 22 8. Both of the following circumstances apply to a parent: 23 a. The parent has been determined to be a person with a 24 substance-related disorder as defined in section 125.2 and 25 the The parent has committed been convicted of a second or 26 subsequent domestic abuse assault pursuant to section 708.2A . 27 b. 9. The parent has abducted the child, has improperly 28 removed the child from the physical custody of the person 29 entitled to custody without the consent of that person, or has 30 improperly retained the child after a visit or other temporary 31 relinquishment of physical custody. 32 9. 10. The parent has been imprisoned for a crime against 33 the child, the child’s sibling, or another child in the 34 household, or the has been convicted of a felony offense 35 -3- LSB 1969XS (4) 86 pf/nh 3/ 7

S.F. 99 that is a sex offense against a minor as defined in section 1 692A.101. 2 11. The parent has been convicted of first degree murder in 3 the murder of the child’s other parent. 4 12. The parent has been convicted of a crime of sexual abuse 5 as defined in chapter 709. 6 13. The parent has been convicted of any other forcible 7 felony of such a nature as to indicate the unfitness of the 8 parent to provide adequate care and support to the extent 9 necessary for the child’s physical, mental, or emotional health 10 and development. 11 14. The parent has been imprisoned and it is unlikely that 12 the parent will be released from prison for a period of five or 13 more years. 14 10. The parent has been convicted of a felony offense 15 that is a sex offense against a minor as defined in section 16 692A.101 , the parent is divorced from or was never married 17 to the minor’s other parent, and the parent is serving a 18 minimum sentence of confinement of at least five years for that 19 offense. 20 15. The parent has neglected the child or is unfit to be a 21 parent. In determining whether the parent has neglected the 22 child or is unfit, the court shall consider whether the parent 23 has a consistent pattern of specific conduct or a specific 24 condition directly relating to the parent-child relationship 25 which is determined by the court to be of a duration or nature 26 that renders the parent unable, for the reasonably foreseeable 27 future, to provide the appropriate care and support for the 28 ongoing physical, mental, or emotional needs of the child. 29 The court shall consider at a minimum the following specific 30 conduct or conditions which may result in neglect or diminished 31 fitness as a parent: 32 a. A medically verifiable emotional illness, mental illness, 33 mental deficiency, or substance-related disorder as defined in 34 section 125.2. 35 -4- LSB 1969XS (4) 86 pf/nh 4/ 7

S.F. 99 b. Prior conviction of child endangerment or neglect of the 1 child, the child’s sibling, or another child in the household. 2 c. Repeated or continuous failure by the parent, although 3 physically and financially able, to provide the child with 4 adequate food, clothing, shelter, education, or other care 5 and support necessary for the child’s physical, mental, or 6 emotional health and development. 7 d. The termination of the parent’s parental rights to 8 another child. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the grounds for termination of parental 13 rights. 14 The bill amends the existing ground requiring that 15 the parent has both been determined to be a person with a 16 substance-related disorder as defined in Code section 125.2 and 17 has committed a second or subsequent domestic abuse assault, 18 to require only that the parent has been convicted of a second 19 or subsequent domestic abuse assault. The existence of a 20 substance-related disorder is later included in a ground 21 relating to the fitness of the parent. 22 The bill divides the existing ground which provides that 23 the parent has been imprisoned for a crime against the child, 24 the child’s sibling, or another child in the household, or the 25 parent has been imprisoned and it is unlikely that the parent 26 will be released from prison for a period of five or more years 27 into two separate grounds. 28 The bill amends the existing ground which requires that the 29 parent has been convicted of a felony offense that is a sex 30 offense against a minor, the parent is divorced from or was 31 never married to the minor’s other parent, and the parent is 32 serving a minimum sentence of confinement of at least five 33 years for that offense, by deleting the conditions that the 34 parent is divorced from or was never married to the minor’s 35 -5- LSB 1969XS (4) 86 pf/nh 5/ 7

S.F. 99 other parent and that the parent is serving a minimum sentence 1 of confinement of at least five years, and instead combining 2 the ground that the parent has been convicted of a felony 3 offense that is a sex offense against a minor with other 4 divisible grounds that relate to crimes against a child. 5 The bill adds the following new grounds for termination 6 of parental rights: the parent has been convicted of first 7 degree murder in the murder of the child’s other parent; the 8 parent has been convicted of a crime of sexual abuse as defined 9 in Code chapter 709; the parent has been convicted of any 10 other forcible felony of such a nature as to indicate the 11 unfitness of the parent to provide adequate care and support 12 to the extent necessary for the child’s physical, mental, or 13 emotional health and development; and the parent has neglected 14 the child or is unfit to be a parent. The bill provides that 15 in determining whether the parent has neglected the child or 16 is unfit, the court shall consider whether the parent has a 17 consistent pattern of specific conduct or a specific condition 18 directly relating to the parent-child relationship which is 19 determined by the court to be of a duration or nature that 20 renders the parent unable, for the reasonably foreseeable 21 future, to provide the appropriate care and support for the 22 ongoing physical, mental, or emotional needs of the child. 23 The bill specifies certain conduct or conditions that the 24 court shall consider in determining neglect or diminished 25 fitness as a parent. Such conduct and conditions include: 26 a medically-verifiable emotional illness, mental illness, 27 mental deficiency, or substance-related disorder as defined in 28 Code section 125.2; prior conviction of child endangerment or 29 neglect of the child, the child’s sibling, or another child in 30 the household repeated or continuous failure by the parent, 31 although physically and financially able, to provide the child 32 with adequate food, clothing, shelter, education, or other 33 care and support necessary for the child’s physical, mental, 34 or emotional health and development; or the termination of the 35 -6- LSB 1969XS (4) 86 pf/nh 6/ 7