HSB 224 (LSB 2757YC (1) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to service of process relating to juvenile delinquency proceedings and termination of the parent-child relationship proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.37, subsection 4, Code 2019, is amended to read as follows:
   4.  Service of summons or notice shall be made personally by the sheriff by delivering a copy of the summons or notice to the person being served. If the court determines that personal service of a summons or notice is impracticable, the court may order service by certified mail addressed to the last known address, or by electronic mail or other electronic means with the consent of the party to be served. Service of summons or notice shall be made not less than five days before the time fixed for hearing. Service of summons, notice, subpoenas or other process, after an initial valid summons or notice, shall be made in accordance with the rules of the court governing such service in civil actions.
    Sec. 2.  Section 232.112, subsection 3, Code 2019, is amended to read as follows:
   3.  Notice under this section shall be served personally, or shall be sent by restricted certified mail, or sent by electronic mail or other electronic means with the consent of the party to be served, whichever is determined by the court to be the most effective means of notification. Such notice shall be made according to the rules of civil procedure relating to an original notice where not inconsistent with the provisions of this section. Notice by personal delivery shall be served not less than seven days prior to the hearing on termination of parental rights. Notice by restricted certified mail shall be sent not less than fourteen days prior to the hearing on termination of parental rights. A notice by restricted certified mail which is refused by the necessary party given notice shall be sufficient notice to the party under this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides an alternative to service of process relating to juvenile delinquency proceedings and termination of parental rights proceedings under Code chapter 232 (juvenile justice).
   The bill provides that in the context of providing service of a summons or notice to specified parties relating to a formal judicial proceeding to determine whether a child has committed a delinquent act, if the court determines that personal service of a summons or notice is impracticable, the court may, in addition to the current option of ordering service by certified mail addressed to the last known address of the party, provide service by electronic mail or other electronic means with the consent of the party to be served.
   In the context of termination of the parent-child relationship proceeding, the bill provides that the provision of notice to necessary parties, in addition to the current options of personal service and sending notice by restricted certified mail, shall include sending notice by electronic mail or other electronic means with the consent of the party to be served, whichever is determined by the court to be the most effective means of notification.