Senate File 89 - Introduced SENATE FILE 89 BY ZAUN A BILL FOR An Act relating to the grounds for termination of parental 1 rights. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1670XS (2) 87 pf/nh
S.F. 89 Section 1. Section 600A.8, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 12. a. The parent is palpably unfit to 3 be a party to the parent-child relationship as determined by a 4 consistent pattern of specific conduct or specific conditions 5 directly relating to the parent-child relationship which are 6 determined by the court to be of a duration or nature that 7 renders the parent unable, for the reasonably foreseeable 8 future, to provide the appropriate care and support for the 9 ongoing physical, mental, or emotional needs of the child. 10 b. In making a determination that a parent is palpably 11 unfit, the court may consider any specific conduct or specific 12 conditions directly relating to the parent-child relationship 13 that the court deems significant in rendering the parent 14 unable to provide the appropriate care and support for the 15 ongoing physical, mental, or emotional needs of the child. 16 Such conduct or conditions may include but are not limited to 17 the parent’s history relating to a substance-related disorder 18 as defined in section 125.2 that results in the parent being 19 a danger to self or others as evidenced by prior acts; the 20 parent’s history of domestic abuse assault pursuant to section 21 708.2A; the parent’s history of imprisonment for a felony 22 offense including any crime against a child; or the parent’s 23 current imprisonment from which the parent is unlikely to be 24 released in five years or less. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill provides an additional ground for termination of 29 parental rights. The bill provides that under Code chapter 30 600A, the court may order the termination of parental rights if 31 the court finds the parent to be palpably unfit as determined 32 by a consistent pattern of specific conduct or specific 33 conditions directly relating to the parent-child relationship 34 which are determined by the court to be of a duration or nature 35 -1- LSB 1670XS (2) 87 pf/nh 1/ 2
S.F. 89 that renders the parent unable, for the reasonably foreseeable 1 future, to provide the appropriate care and support for the 2 ongoing physical, mental, or emotional needs of the child. The 3 bill provides that in making a determination that a parent is 4 palpably unfit, the court may consider any specific conduct 5 or specific conditions directly relating to the parent-child 6 relationship that the court deems significant in rendering the 7 parent unable to provide the appropriate care and support for 8 the ongoing physical, mental, or emotional needs of the child. 9 Such conduct or conditions may include but are not limited to 10 the parent’s history relating to a substance-related disorder 11 as defined in Code section 125.2 that results in the parent 12 being a danger to self or others as evidenced by prior acts; 13 the parent’s history of domestic abuse assault pursuant to 14 Code section 708.2A; the parent’s history of imprisonment for 15 a felony offense including any crime against a child; or the 16 parent’s current imprisonment from which the parent is unlikely 17 to be released in five years or less. 18 -2- LSB 1670XS (2) 87 pf/nh 2/ 2