Senate File 471 - Introduced SENATE FILE 471 BY ZAUN A BILL FOR An Act relating to the termination of parental rights of 1 an incarcerated parent under child in need of assistance 2 proceedings. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2297XS (4) 88 hb/rh

S.F. 471 Section 1. Section 232.116, subsection 3, Code 2019, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . f. (1) The absence of a parent is due to 3 the parent’s incarceration in a jail or correctional facility 4 and all of the following apply: 5 (a) A relative has legal custody of the child. 6 (b) The child is over ten years of age and objects to the 7 termination. 8 (c) There is clear and convincing evidence that the 9 termination would be detrimental to the child due to the 10 closeness of the parent-child relationship. 11 (d) The child was removed from the child’s home due to the 12 parent’s incarceration. 13 (e) The incarcerated parent is participating in substance 14 abuse or mental health treatment services and parenting 15 classes. 16 (f) There is clear and convincing evidence that the parent 17 continues to exhibit the ability and willingness to respond to 18 additional services. 19 (g) There is clear and convincing evidence that the parent 20 exhibits the ability and willingness to participate in planning 21 for the child to return home within twelve months following the 22 parent’s release from the jail or correctional facility. 23 (2) The court shall take into consideration all barriers 24 accessing services for a parent incarcerated in jail or a 25 correctional facility including but not limited to all of the 26 following: 27 (a) The lack of appropriate areas in the jail or 28 correctional facility for the parent to have visitation with 29 the child. 30 (b) The lack of the parent’s ability to participate in video 31 conference or telephone calls with the child. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 2297XS (4) 88 hb/rh 1/ 2

S.F. 471 This bill relates to the termination of parental rights 1 of an incarcerated parent under child in need of assistance 2 proceedings. 3 The bill provides that the court need not terminate the 4 relationship between a parent and child due to the absence of a 5 parent if a court finds that the absence of the parent is due to 6 the parent’s incarceration in a jail or a correctional facility 7 and a relative has legal custody of the child, the child is 8 over 10 years of age and objects to the termination, there 9 is clear and convincing evidence that the termination would 10 be detrimental to the child at the time due to the closeness 11 of the parent-child relationship, the child was removed from 12 the home due to the parent’s incarceration, the incarcerated 13 parent is participating in substance abuse or mental health 14 treatment services and parenting classes offered in the 15 jail or correctional facility, there is clear and convincing 16 evidence that the parent continues to exhibit the ability and 17 willingness to respond to additional services, and there is 18 clear and convincing evidence that the parent exhibits the 19 ability and willingness to participate in planning for the 20 child to return home within 12 months following the parent’s 21 release from the jail or correctional facility. 22 The bill requires the court to take into consideration all 23 barriers accessing services for a parent who is incarcerated 24 in jail or a correctional facility including but not limited 25 to the lack of appropriate areas in the jail or correctional 26 facility for the parent to have visitation with the child 27 and the lack of the parent’s ability to participate in video 28 conference or telephone calls with the child. 29 -2- LSB 2297XS (4) 88 hb/rh 2/ 2