House File 719 - Introduced HOUSE FILE 719 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 544) A BILL FOR An Act relating to participation in conciliation related to a 1 dissolution of marriage. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2468HV (2) 88 pf/rh

H.F. 719 Section 1. Section 598.16, Code 2019, is amended to read as 1 follows: 2 598.16 Conciliation —— domestic relations divisions. 3 1. A majority of the judges in any judicial district, with 4 the cooperation of any county board of supervisors in the 5 district, may establish a domestic relations division of the 6 district court of the county where the board is located. The 7 division shall offer counseling and related services to persons 8 before the court. 9 2. Except as provided in subsection 7 , upon the application 10 of the petitioner in the petition or by the respondent in the 11 responsive pleading to the petition, or within twenty days of 12 appointment of an attorney appointed under section 598.12A , 13 the The court shall may on its own motion or upon the motion 14 of a party require the parties to participate in conciliation 15 efforts for a period of sixty days from or less following 16 the issuance of an order setting forth the conciliation 17 procedure and the conciliator. In making a determination under 18 this section, the court shall consider all relevant factors 19 including but not limited to whether a history of abuse or 20 violence exists. 21 3. At any time upon its own motion or upon the application 22 of a party the court may require the parties to participate 23 in conciliation efforts for sixty days or less following the 24 issuance of such an order. 25 4. 3. Every order for conciliation shall require the 26 conciliator to file a written report by a date certain which 27 shall state the conciliation procedures undertaken and such 28 other matters as may have been required by the court. The 29 report shall be a part of the record unless otherwise ordered 30 by the court. Such conciliation procedure may include but is 31 not limited to referrals to the domestic relations division 32 of the court, if established, public or private marriage 33 counselors, family service agencies, community health centers, 34 physicians and clergy. 35 -1- LSB 2468HV (2) 88 pf/rh 1/ 4

H.F. 719 5. 4. The costs of conciliation procedures shall be paid 1 in full or in part by the parties and taxed as court costs; 2 however, if the court determines that the parties will be 3 unable to pay the costs without prejudicing their financial 4 ability to provide themselves and any minor children with 5 economic necessities, the costs may be paid in full or in part 6 by the county. 7 6. 5. Persons providing counseling and other services 8 pursuant to this section are not court employees, but are 9 subject to court supervision. 10 7. Upon application, the court shall grant a waiver from 11 the requirements of this section if a party demonstrates that 12 a history of elder abuse, as defined in section 235F.1 , or 13 domestic abuse, as defined in section 236.2 , exists. 14 a. In determining whether a history of elder abuse exists, 15 the court’s consideration shall include but is not limited 16 to commencement of an action pursuant to section 235F.2 , the 17 issuance of a court order or consent agreement pursuant to 18 section 235F.6 , the issuance of an emergency order pursuant to 19 section 235F.7 , the holding of a party in contempt pursuant to 20 section 664A.7 , the response of a peace officer to the scene 21 of alleged elder abuse, or the arrest of a party following 22 response to a report of alleged elder abuse. 23 b. In determining whether a history of domestic abuse 24 exists, the court’s consideration shall include but is not 25 limited to commencement of an action pursuant to section 236.3 , 26 the issuance of a protective order against a party or the 27 issuance of a court order or consent agreement pursuant to 28 section 236.5 , the issuance of an emergency order pursuant to 29 section 236.6 , the holding of a party in contempt pursuant to 30 section 664A.7 , the response of a peace officer to the scene 31 of alleged domestic abuse or the arrest of a party following 32 response to a report of alleged domestic abuse, or a conviction 33 for domestic abuse assault pursuant to section 708.2A . 34 Sec. 2. Section 598.19, Code 2019, is amended to read as 35 -2- LSB 2468HV (2) 88 pf/rh 2/ 4

H.F. 719 follows: 1 598.19 Waiting period before decree. 2 No decree dissolving a marriage shall be granted in any 3 proceeding before ninety days shall have elapsed from the 4 day the original notice is served, or from the last day 5 of publication of notice, or from the date that waiver or 6 acceptance of original notice is filed or until after any 7 court-ordered conciliation is completed, whichever period 8 shall be longer. However, the court may in its discretion, on 9 written motion supported by affidavit setting forth grounds 10 of emergency or necessity and facts which satisfy the court 11 that immediate action is warranted or required to protect the 12 substantive rights or interests of any party or person who 13 might be affected by the decree, hold a hearing and grant a 14 decree dissolving the marriage prior to the expiration of the 15 applicable period, provided that requirements of notice have 16 been complied with. In such case the grounds of emergency or 17 necessity and the facts with respect thereto shall be recited 18 in the decree unless otherwise ordered by the court. The 19 court may enter an order finding the respondent in default and 20 waiving any court-ordered conciliation when the respondent has 21 failed to file an appearance within the time set forth in the 22 original notice. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill provides that the court, on its own motion or upon 27 the motion of a party, may require the parties to a dissolution 28 of marriage participate in conciliation efforts for a period 29 of 60 days or less following the issuance of an order setting 30 forth the conciliation procedure and the conciliator. Current 31 law requires the court to order the parties to participate in 32 conciliation upon the application of the petitioner in the 33 petition or by the respondent in the responsive pleading to 34 the petition, or within 20 days of appointment of an attorney. 35 -3- LSB 2468HV (2) 88 pf/rh 3/ 4

H.F. 719 The bill also eliminates the specific provisions requiring 1 the court to grant a waiver of mandatory participation in 2 conciliation based on a history of elder abuse or domestic 3 abuse since participation in conciliation is no longer 4 mandatory. Instead, the bill requires that the court, in 5 making its determination whether to require participation in 6 conciliation efforts, shall consider all relevant factors 7 including but not limited to whether a history of abuse or 8 violence exists. 9 -4- LSB 2468HV (2) 88 pf/rh 4/ 4