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
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1034SV
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pf/nh
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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
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LSB
1034SV
(2)
87
pf/nh
2/
2