HF 554 (LSB 1816HV (1) 89)

HOUSE FILE 554

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 212)

A BILL FOR

An Act relating to the vacation of certain termination of parental rights orders.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 600A.9, subsection 2, Code 2021, is amended to read as follows:
   2.  a.  If an order is issued under subsection 1, paragraph “b” of this section, the juvenile court shall retain jurisdiction to change a guardian or custodian and to allow a terminated parent or any putative biological parent to request vacation or appeal of the termination order which request must be made within thirty days of issuance of the granting of the order. The period for request by a terminated parent or by a putative biological parent for vacation or appeal shall not be waived or extended and a vacation or appeal shall not be granted after the expiration of this period. The juvenile court shall grant the vacation request only if it is in the best interest of the child. The supreme court shall prescribe rules to establish a period of thirty days, which shall not be waived or extended, in which a terminated or putative biological parent may request a vacation or appeal of a termination order.
   b.  If an order is issued under subsection 1, paragraph “b”, to terminate the parental rights of a biological parent who indicated in the parent’s petition for termination of parental rights the grounds for termination specified in section 600A.8, subsection 1, but an order to terminate the parental rights of any other putative biological parent is not issued by the court pursuant to subsection 1, paragraph “b”, nor has the other putative biological parent consented to the adoption in lieu of termination of the parent’s parental rights, thereby prohibiting the filing of an adoption petition pursuant to section 600.3, subsection 2, the court shall allow the parent for whom the court issued an order terminating parental rights to request a vacation of the order within thirty days of issuance of the granting of the order. The period for request by a terminated parent for vacation shall not be waived or extended and a vacation shall not be granted after the expiration of this period. The juvenile court shall grant the vacation request only if it is in the best interest of the child. The supreme court shall prescribe rules to establish a period of 30 days, which shall not be waived or extended, in which a terminated parent may request a vacation of a termination order under this paragraph “b”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the vacation of certain termination of parental rights orders.
   Under the bill, if the court issues an order granting the termination of parental rights petition of a biological parent who indicated as the grounds for termination that the parent has signed a release of custody and the release has not been revoked, but the court has not issued an order granting the termination of parental rights of any other putative biological parent nor has the other putative biological parent consented to the adoption in lieu of termination of the parent’s parental rights thereby prohibiting the filing of an adoption petition, the court shall allow the parent for whom the court issued an order terminating parental rights to request a vacation of the order within 30 days of issuance of the granting of the order. The period for the request shall not be waived or extended and a vacation shall not be granted after the expiration of the period. The juvenile court shall grant the vacation request only if it is in the best interest of the child. The supreme court shall prescribe rules to establish a period of 30 days in which a terminated parent may request a vacation of a termination order under the bill.