S.F. 2224 Section 1. NEW SECTION . 598D.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Adult” means an individual who has attained eighteen 4 years of age or is an emancipated minor. 5 2. “Caretaking authority” means the right to live with and 6 care for a child on a day-to-day basis. “Caretaking authority” , 7 relative to a child, includes physical custody, parenting time, 8 right to access, and visitation. 9 3. “Child” means an unemancipated individual who has not 10 attained eighteen years of age, and who is not the subject of a 11 child in need of assistance action. 12 4. “Close and substantial relationship” means a relationship 13 in which a significant bond exists between a child and a 14 nonparent. 15 5. “Court” means the juvenile court or district court with 16 jurisdiction to make, enforce, or modify a decision regarding 17 custodial responsibility. 18 6. “Custodial responsibility” includes all powers and duties 19 relating to caretaking authority and decision-making authority 20 for a child. “Custodial responsibility” includes physical 21 custody, legal custody, parenting time, right to access, and 22 visitation. 23 7. “Decision-making authority” means the power to make 24 important decisions regarding a child, including decisions 25 regarding the child’s education, religious training, health 26 care, extracurricular activities, and travel. “Decision-making 27 authority” does not include the power to make decisions that 28 necessarily accompany a grant of caretaking authority. 29 8. “Family member” means a sibling, aunt, uncle, cousin, 30 stepparent, or grandparent of a child or an individual 31 recognized to be in a familial relationship with a child under 32 a law of this state other than this chapter. 33 9. “Nonparent” means an adult other than a parent of the 34 child. 35 -1- LSB 5744XS (3) 87 pf/rh 1/ 4

S.F. 2224 Sec. 2. NEW SECTION . 598D.2 Nonparent visitation. 1 1. a. If a parent of a child has previously voluntarily 2 relinquished custodial care of the child to an adult nonparent 3 for a period of six consecutive months or more during a period 4 of absence of the parent or as the result of impaired judgment 5 of a parent, and the nonparent has a close and substantial 6 relationship with the child, the nonparent shall have standing 7 to petition the court for visitation with the child if the 8 parent subsequently unreasonably denies the nonparent access 9 to the child. 10 b. Impaired judgment of a parent may be evidenced by any of 11 but not limited to the following: 12 (1) Neglect of the child. 13 (2) Abuse of the child. 14 (3) Violence toward the child. 15 (4) Indifference or absence of feeling toward the child. 16 (5) Demonstrated unwillingness and inability to promote the 17 emotional and physical well-being of the child. 18 (6) Drug abuse. 19 (7) A diagnosis of mental illness. 20 2. The court shall grant visitation if the court finds all 21 of the following by clear and convincing evidence: 22 a. That visitation is in the best interest of the child. 23 b. That the unreasonable denial of visitation by a parent 24 will cause undue mental, physical, or emotional harm to the 25 child. 26 c. That the relative benefit to the child of granting 27 visitation greatly outweighs any effect on the parent-child 28 relationship. 29 3. In determining the best interest of the child, the court 30 shall consider all of the following: 31 a. The geographical location of the nonparent’s residence 32 and the distance between the nonparent’s residence and the 33 child’s residence. 34 b. The child’s and parent’s available time, including but 35 -2- LSB 5744XS (3) 87 pf/rh 2/ 4

S.F. 2224 not limited to the parent’s employment schedule, the child’s 1 school schedule, the amount of time that will be available 2 for the child to spend with siblings, and the child’s and the 3 parent’s holiday and vacation schedules. 4 c. The age of the child, and if the child is fourteen years 5 of age or older, the wishes and concerns of the child regarding 6 visitation with the nonparent. 7 d. The health and safety of the child. 8 e. The mental and physical health of all parties. 9 f. Whether the nonparent previously has been convicted of 10 or pleaded guilty to any criminal offense involving any act 11 that resulted in a child being an abused child or a neglected 12 child; whether the nonparent previously has been convicted of 13 or pleaded guilty to a crime involving a victim who at the time 14 of the commission of the offense was a member of the family or 15 household that is the subject of the current proceeding; and 16 whether there is reason to believe that the nonparent has acted 17 in a manner resulting in a child having ever been found to be an 18 abused child or a neglected child. 19 g. The wishes and concerns of the child’s parent, as 20 expressed by the parent to the court. 21 h. Whether the relative benefit to the child of granting 22 access and visitation greatly outweighs any effect on the 23 parent-child relationship. 24 i. Any other factor in the best interest of the child. 25 4. Venue for any action to establish, enforce, or modify 26 visitation under this section shall be in the county where the 27 child resides. 28 5. Notice of any proceeding to establish, enforce, or 29 modify visitation under this section shall be personally served 30 upon the parent of the child whose interests are affected by a 31 proceeding brought pursuant to this section. 32 6. This section shall not apply if the child is the subject 33 of a proceeding under chapter 232. 34 EXPLANATION 35 -3- LSB 5744XS (3) 87 pf/rh 3/ 4

S.F. 2224 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill provides standing for certain nonparents to 3 petition for visitation of a child. 4 The bill provides that if a parent of a child has previously 5 voluntarily relinquished custodial care of the child to a 6 nonparent for a period of six consecutive months or more 7 during a period of absence of the parent or as the result of 8 impaired judgment of a parent, and the nonparent has a close 9 and substantial relationship with the child, the nonparent 10 shall have standing to petition the court for visitation with 11 the child if the parent subsequently unreasonably denies the 12 nonparent access to the child. Under the bill, the court shall 13 grant visitation if the court finds, by clear and convincing 14 evidence, that visitation is in the best interest of the 15 child; that the unreasonable denial of visitation by a parent 16 will cause undue mental, physical, or emotional harm to the 17 child; and that the relative benefit to the child of granting 18 visitation greatly outweighs any effect on the parent-child 19 relationship. 20 The bill provides definitions and specifies the factors 21 the court shall consider in determining the best interest of 22 the child, provides for venue, and provides for notice of the 23 parents of the child. 24 The bill does not apply if the child is the subject of a 25 proceeding under Code chapter 232 (juvenile justice). 26 -4- LSB 5744XS (3) 87 pf/rh 4/ 4