HF 15 (LSB 1043YH (3) 87)

HOUSE FILE 15

BY  WESSEL-KROESCHELL

A BILL FOR

An Act relating to the provision of an expedited process in a dissolution of marriage proceeding to determine the temporary custody of a minor child with chronic or complex medical needs. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.10, subsection 1, paragraph a, Code 2017, is amended to read as follows:
   a.  (1)  The court may order either party to pay the clerk a sum of money for the separate support and maintenance of the other party and the children and to enable such party to prosecute or defend the action.
   (2)  The court may on its own motion and shall upon application of either party or an attorney or guardian ad litem appointed under section 598.12 determine the temporary custody of any minor child whose welfare may be affected by the filing of the petition for dissolution.
   (3)  Upon application of either party or an attorney or guardian ad litem appointed under section 598.12, the court shall hold a hearing and rule on the application to determine the temporary custody of any minor child within thirty days of filing of the application, if the application asserts the minor child, due to a chronic condition, disability, or complex medical condition, requires consistent medical care, monitoring, or supervision to maintain the minor child’s health status or to prevent life-threatening complications or deterioration of the minor child’s health status, necessitating an expedited hearing and ruling.
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 that in determining the temporary custody of a minor child, upon application of either party to a dissolution of marriage proceeding or an attorney or guardian ad litem appointed to represent the legal interests of the minor child of the parties to such a proceeding, the court shall hold a hearing and rule on the application to determine the temporary custody of any minor child within 30 days of filing of the application, if the application asserts that the minor child, due to a chronic condition, disability, or complex medical condition, requires consistent medical care, monitoring, or supervision to maintain the minor child’s health status or to prevent life-threatening complications or deterioration of health status, necessitating an expedited hearing and ruling.