Senate File 275 - Introduced SENATE FILE 275 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 189) A BILL FOR An Act relating to termination of parental rights proceedings 1 based upon safety or security concerns. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1034SV (2) 87 pf/nh
S.F. 275 Section 1. Section 600A.5, Code 2017, is amended to read as 1 follows: 2 600A.5 Petition for termination —— venue —— safety or 3 security concerns . 4 1. The following persons may petition a juvenile court for 5 termination of parental rights under this chapter if the child 6 of the parent-child relationship is born or expected to be born 7 within one hundred eighty days of the date of petition filing: 8 a. A parent or prospective parent of the parent-child 9 relationship. 10 b. A custodian or guardian of the child. 11 2. A petition for termination of parental rights shall be 12 filed , and venue shall lie, with the juvenile court in the 13 county in which the guardian or custodian of the child resides 14 or the child, the biological mother , or the pregnant woman is 15 domiciled. If a juvenile court has made an order pertaining 16 to a minor child under chapter 232, division III , and that 17 order is still in force, the termination proceedings shall be 18 conducted pursuant to the provisions of chapter 232, division 19 IV . 20 3. A petition for termination of parental rights shall 21 include the following: 22 a. The legal name, age and domicile, if any, of the child. 23 b. The names, residences, and domicile of any: 24 (1) Living parents of the child. 25 (2) Guardian of the child. 26 (3) Custodian of the child. 27 (4) Guardian ad litem of the child. 28 (5) Petitioner. 29 (6) Person standing in the place of the parents of the 30 child. 31 c. A plain statement of the facts and grounds in section 32 600A.8 which indicate that the parent-child relationship should 33 be terminated. 34 d. A plain statement explaining why the petitioner does not 35 -1- LSB 1034SV (2) 87 pf/nh 1/ 2
S.F. 275 know any of the information required under paragraphs “a” and 1 “b” of this subsection . 2 e. The signature and verification of the petitioner. 3 4. If the petitioner alleges and affirms in the verified 4 petition that the petitioner has a legitimate concern for the 5 safety or security of the child or petitioner, all of the 6 following shall apply: 7 a. Notwithstanding subsection 2, the petitioner may file 8 the petition in a county within the same judicial district but 9 other than those counties specified, and venue shall be in the 10 county in which the petition is filed. 11 b. The court shall keep confidential the residence and 12 domicile of the child and the petitioner disclosed in the 13 petition. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to a petition for termination of parental 18 rights. Current law provides that a petition for termination 19 of parental rights shall be filed with the juvenile court in 20 the county in which the guardian or custodian of the child 21 resides or the child, the biological mother, or the pregnant 22 woman is domiciled. The bill specifies that venue shall also 23 lie in such locations. 24 The bill also provides that if a petitioner alleges and 25 affirms in the verified petition that the petitioner has a 26 legitimate concern for the safety or security of the child or 27 the petitioner, the following apply: The petitioner may file 28 the petition in a county in the same judicial district but 29 other than those counties specified, and venue shall be in the 30 county where the petition is filed; and the court shall keep 31 confidential the residence and domicile of the child and the 32 petitioner disclosed in the petition. 33 -2- LSB 1034SV (2) 87 pf/nh 2/ 2