H.F. _____ Section 1. Section 232.2, subsection 39, Code 2022, is 1 amended to read as follows: 2 39. “Parent” means a biological or adoptive mother or father 3 of a child; or a father whose paternity has been established 4 by operation of law due to the individual’s marriage to the 5 mother at the time of conception, birth, or at any time during 6 the period between conception and birth of the child, by order 7 of a court of competent jurisdiction, or by administrative 8 order when authorized by state law. “Parent” does not include a 9 mother or father whose parental rights have been terminated or 10 a father whose paternity has been overcome pursuant to section 11 232.3A or 600B.41A . 12 Sec. 2. NEW SECTION . 232.3A Authority relating to action 13 to overcome paternity in a child in need of assistance or 14 termination of parental rights proceeding. 15 1. During an action under subchapter III, child in need 16 of assistance proceedings, or subchapter IV, termination of 17 parent-child relationship proceedings of this chapter, the 18 court may on its own motion or that of any party, require the 19 child and established father of the child to submit to blood or 20 genetic testing in accordance with the procedures and method 21 prescribed under section 600B.41 to overcome the paternity of 22 the established father. 23 2. The juvenile court may enter an order overcoming 24 paternity of an established father pursuant to section 600B.41A 25 if all of the following conditions are met: 26 a. The child has been adjudicated a child in need of 27 assistance in an active juvenile court case and a dispositional 28 order in that case is in place. 29 b. Paternity of the child has been legally established, 30 including by operation of law due to the individual’s marriage 31 to the mother at the time of conception, birth, or at any time 32 during the period between conception and the birth of the 33 child, by order of a court of competent jurisdiction, or by 34 administrative order when authorized by state law. 35 -1- LSB 5270YC (5) 89 pf/rh 1/ 6

H.F. _____ c. Pursuant to section 600B.41, the conclusion of the 1 expert as disclosed by the evidence based upon blood or genetic 2 testing demonstrates that the established father is not the 3 biological father of the child. 4 d. The established father agrees that the established 5 father’s paternity should be overcome or the established father 6 objects to having his paternity overcome but the court finds 7 that it is in the best interest of the child to overcome the 8 established father’s paternity. 9 3. When the criteria specified in subsection 2 are met, the 10 juvenile court shall enter an order overcoming paternity, and 11 shall send a copy of the order to the clerk of the district 12 court. The juvenile court shall designate the petitioner and 13 respondent for the purposes of the order. 14 4. Upon receipt of the order by the district court, the 15 clerk of the district court shall docket the case. Filing 16 fees and other court costs shall not be assessed against the 17 parties. 18 5. The district court shall take judicial notice of the 19 juvenile file in any hearing related to the case. Records 20 contained in the district court case file that were copied or 21 transferred from the juvenile court file concerning the case 22 shall be subject to section 232.147 and other confidentiality 23 provisions of this chapter for cases not involving juvenile 24 delinquency, and shall be disclosed, upon request, to the child 25 support recovery unit without a court order. 26 6. If paternity testing is completed and the established 27 father is not excluded as the biological father of the child, 28 the juvenile court shall find the established father to be the 29 biological father of the child and a necessary party to the 30 action. 31 7. Nothing in this section shall be construed to require 32 appointment of counsel for the parties in the district court 33 action. 34 Sec. 3. Section 600B.41A, Code 2022, is amended by adding 35 -2- LSB 5270YC (5) 89 pf/rh 2/ 6

H.F. _____ the following new subsection: 1 NEW SUBSECTION . 3A. Establishment of paternity may be 2 overcome under this section by a juvenile court pursuant to 3 section 232.3A if all of the following conditions are met: 4 a. Paternity of a child is contested during an active 5 child in need of assistance proceeding and the child is under 6 the jurisdiction of the juvenile court at the time an order 7 overcoming paternity is entered. 8 b. A guardian ad litem is appointed for the child. 9 c. Notice of the action to overcome paternity is served on 10 any parent of the child in accordance with chapter 232 and if 11 enforcement services are being provided by the child support 12 recovery unit pursuant to chapter 252B, notice shall also be 13 served on the child support recovery unit. 14 d. Blood or genetic testing is conducted in accordance with 15 sections 232.3A and 600B.41. 16 (1) Unless otherwise specified pursuant to subsection 2 or 17 9, blood or genetic testing shall be conducted in an action to 18 overcome the establishment of paternity in the child in need of 19 assistance proceeding. 20 (2) Unless otherwise specified in this section, section 21 600B.41 applies to blood or genetic testing conducted as the 22 result of an action brought to overcome paternity. 23 (3) The juvenile court may order additional testing to 24 be conducted by the expert or an independent expert in order 25 to confirm a test upon which an expert concludes that the 26 established father is not the biological father of the child. 27 e. The juvenile court finds all of the following, as 28 applicable: 29 (1) That the conclusion of the expert as disclosed by the 30 evidence based upon blood or genetic testing demonstrates that 31 the established father is not the biological father of the 32 child. 33 (2) If paternity was established pursuant to section 34 252A.3A, the signed affidavit was based on fraud, duress, or 35 -3- LSB 5270YC (5) 89 pf/rh 3/ 6

H.F. _____ material mistake of fact. 1 (3) The established father agrees that his paternity should 2 be overcome or the juvenile court finds it is in the best 3 interest of the child that the established father’s paternity 4 be overcome despite the established father’s objection. 5 Sec. 4. Section 600B.41A, subsection 4, unnumbered 6 paragraph 1, Code 2022, is amended to read as follows: 7 If the court finds that the establishment of paternity is 8 overcome, in accordance with all of the conditions prescribed 9 under subsection 3 or 3A , the court shall enter an order which 10 provides all of the following: 11 Sec. 5. Section 602.6306, subsection 2, Code 2022, is 12 amended to read as follows: 13 2. District associate judges also have jurisdiction 14 in civil actions for money judgment where the amount in 15 controversy does not exceed ten thousand dollars; jurisdiction 16 over involuntary commitment, treatment, or hospitalization 17 proceedings under chapters 125 and 229 ; jurisdiction of 18 indictable misdemeanors, class “D” felony violations, and 19 other felony arraignments; jurisdiction to enter a temporary 20 or emergency order of protection under chapter 235F or 236 , 21 and to make court appointments and set hearings in criminal 22 matters; jurisdiction to enter orders in probate which do not 23 require notice and hearing and to set hearings in actions under 24 chapter 633 or 633A ; and the jurisdiction provided in section 25 232.3A, 600.41A, or 602.7101 when designated as a judge of the 26 juvenile court. While presiding in these subject matters a 27 district associate judge shall employ district judges’ practice 28 and procedure. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to actions to overcome paternity during 33 a child in need of assistance proceeding or a termination 34 of parental rights proceeding, and the jurisdiction of the 35 -4- LSB 5270YC (5) 89 pf/rh 4/ 6

H.F. _____ juvenile court to initiate an action to overcome paternity. 1 The bill provides that for the purposes of Code chapter 232 2 (juvenile justice), “parent” does not include a father whose 3 paternity has been overcome. 4 The bill provides authority for the juvenile court during a 5 child in need of assistance (CINA) proceeding or termination of 6 parent-child relationship proceeding under Code chapter 232, 7 on its own motion or that of any party, to require the child 8 and established father to submit to blood or genetic testing, 9 to challenge the paternity of the child. The juvenile court 10 may enter an order overcoming paternity of an established 11 father if: the child has been adjudicated a CINA in an active 12 juvenile court case and a dispositional order in that case is 13 in place; paternity of the child has been legally established; 14 the conclusion of the expert as disclosed by the evidence based 15 upon blood or genetic testing demonstrates that the established 16 father is not the biological father of the child; and the 17 established father agrees that his paternity should be overcome 18 or the established father objects to having his paternity 19 overcome but the court finds that it is in the best interest 20 of the child to overcome his paternity. The bill provides 21 that when the criteria for overcoming paternity are met, the 22 juvenile court shall enter an order overcoming paternity, and 23 shall send a copy of the order to the clerk of the district 24 court. The juvenile court shall designate the petitioner and 25 respondent for the purposes of the order. Upon receipt of the 26 order by the district court, the clerk of the district court 27 shall docket the case. Filing fees and other court costs shall 28 not be assessed against the parties. 29 The district court shall take judicial notice of the 30 juvenile file in any hearing related to the case. Records 31 contained in the district court case file that were copied or 32 transferred from the juvenile court file concerning the case 33 are subject to the confidentiality provisions of Code chapter 34 232 for cases not involving juvenile delinquency, and shall be 35 -5- LSB 5270YC (5) 89 pf/rh 5/ 6

H.F. _____ disclosed, upon request, to the child support recovery unit 1 without a court order. 2 If paternity testing is completed and the established father 3 is not excluded as the biological father of the child, the 4 court shall find the established father to be the biological 5 father of the child and a necessary party to the action. The 6 provisions of the bill are not to be construed to require 7 appointment of counsel for the parties in the district court 8 action. 9 The bill also establishes the criteria under Code section 10 600B.41A (actions to overcome paternity —— applicability —— 11 conditions) specific to an action under the jurisdiction of 12 the juvenile court to overcome paternity in a child in need of 13 assistance proceeding. 14 The bill makes conforming changes in the Code including 15 under Code section 602.6306 (jurisdiction, procedure, appeals) 16 relating to the jurisdiction of district associate judges when 17 designated as a judge of the juvenile court, to include the 18 overcoming of paternity proceedings created in the bill. 19 -6- LSB 5270YC (5) 89 pf/rh 6/ 6