S.F. 2254 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 one of the methods enumerated in section 252A.3, subsection 5 10, or by operation of law due to the individual’s established 6 father’s marriage to the mother at the time of conception, 7 birth, or at any time during the period between conception 8 and birth of the child , by order of a court of competent 9 jurisdiction, or by administrative order when authorized 10 by state law . “Parent” does not include a mother or father 11 whose parental rights have been terminated or a father whose 12 paternity has been overcome pursuant to section 232.3A or 13 600B.41A . 14 Sec. 2. NEW SECTION . 232.3A Authority relating to action 15 to overcome paternity in a child in need of assistance or 16 termination of parental rights proceeding. 17 1. During an action under subchapter III, child in need 18 of assistance proceedings, or subchapter IV, termination of 19 parent-child relationship proceedings of this chapter, the 20 court may on its own motion or that of any party, require the 21 child and established father of the child to submit to blood or 22 genetic testing in accordance with the procedures and method 23 prescribed under section 600B.41 to overcome the paternity of 24 the established father. 25 2. The juvenile court may enter an order overcoming 26 paternity of an established father pursuant to section 600B.41A 27 if all of the following conditions are met: 28 a. The child has been adjudicated a child in need of 29 assistance in an active juvenile court case and a dispositional 30 order in that case is in place. 31 b. Paternity of the child has been legally established, 32 including by one of the methods enumerated in section 252A.3, 33 subsection 10, or by operation of law due to the established 34 father’s marriage to the mother at the time of conception, 35 -1- LSB 5270SV (2) 89 pf/rh 1/ 9

S.F. 2254 birth, or at any time during the period between conception and 1 the birth of the child. 2 c. Pursuant to section 600B.41, the conclusion of the 3 expert as disclosed by the evidence based upon blood or genetic 4 testing demonstrates that the established father is not the 5 biological father of the child. 6 d. The established father agrees that the established 7 father’s paternity should be overcome or the established father 8 objects to having his paternity overcome but the court finds 9 that it is in the best interest of the child to overcome the 10 established father’s paternity. 11 3. When the criteria specified in subsection 2 are met, the 12 juvenile court shall enter an order overcoming paternity, and 13 shall send a copy of the order to the clerk of the district 14 court. The juvenile court shall designate the petitioner and 15 respondent for the purposes of the order. 16 4. Upon receipt of the order by the district court, the 17 clerk of the district court shall docket the case. Filing 18 fees and other court costs shall not be assessed against the 19 parties. 20 5. The district court shall take judicial notice of the 21 juvenile file in any hearing related to the case. Records 22 contained in the district court case file that were copied or 23 transferred from the juvenile court file concerning the case 24 shall be subject to section 232.147 and other confidentiality 25 provisions of this chapter for cases not involving juvenile 26 delinquency, and shall be disclosed, upon request, to the child 27 support recovery unit without a court order. 28 6. If paternity testing is completed and the established 29 father is not excluded as the biological father of the child, 30 the juvenile court shall find the established father to be the 31 biological father of the child and a necessary party to the 32 action. 33 7. Nothing in this section shall be construed to require 34 appointment of counsel for the parties in the district court 35 -2- LSB 5270SV (2) 89 pf/rh 2/ 9

S.F. 2254 action. 1 Sec. 3. Section 232.103A, subsection 1, paragraph b, Code 2 2022, is amended to read as follows: 3 b. Paternity of the child has been legally established by 4 one of the methods enumerated in section 252A.3, subsection 5 10 , including or by operation of law due to the individual’s 6 established father’s marriage to the mother at the time of 7 conception, birth, or at any time during the period between 8 conception and birth of the child , by order of a court of 9 competent jurisdiction, or by administrative order when 10 authorized by state law . 11 Sec. 4. Section 252A.6A, subsection 2, paragraph a, 12 subparagraph (1), Code 2022, is amended to read as follows: 13 (1) If the prior determination of paternity is based on an 14 affidavit of paternity filed pursuant to section 252A.3A , or an 15 administrative order entered pursuant to chapter 252F has been 16 legally established by one of the methods enumerated in section 17 252A.3, subsection 10 , or an order by the courts of this 18 state, or by operation of law when the mother and due to the 19 established father are or were married to each other father’s 20 marriage to the mother at the time of conception, birth, or at 21 any time during the period between conception and birth of the 22 child , the provisions of section 600B.41A are applicable. 23 Sec. 5. Section 252A.6A, subsection 2, paragraph b, Code 24 2022, is amended to read as follows: 25 b. If Notwithstanding paragraph “a” , subparagraph (1), 26 if the prior determination of paternity is based on an 27 administrative or court order or by any other means, pursuant 28 to the laws of another state or foreign country, an action to 29 overcome the prior determination of paternity shall be filed in 30 that jurisdiction. Unless the party requests and is granted a 31 stay of an action to establish child or medical support, the 32 action shall proceed as otherwise provided. 33 Sec. 6. Section 252C.4, subsection 7, paragraph a, 34 subparagraph (1), Code 2022, is amended to read as follows: 35 -3- LSB 5270SV (2) 89 pf/rh 3/ 9

S.F. 2254 (1) If the prior determination of paternity is based on an 1 affidavit of paternity filed pursuant to section 252A.3A , or an 2 administrative order entered pursuant to chapter 252F has been 3 legally established by one of the methods enumerated in section 4 252A.3, subsection 10 , or an order by the courts of this 5 state, or by operation of law when the mother and due to the 6 established father are or were married to each other father’s 7 marriage to the mother at the time of conception, birth, or at 8 any time during the period between conception and birth of the 9 child , the provisions of section 600B.41A are applicable. 10 Sec. 7. Section 252C.4, subsection 7, paragraph b, Code 11 2022, is amended to read as follows: 12 b. If Notwithstanding paragraph “a” , subparaqraph (1), 13 if the prior determination of paternity is based on an 14 administrative or court order or other means, pursuant to the 15 laws of another state or foreign country, an action to overcome 16 the prior determination of paternity shall be filed in that 17 jurisdiction. Unless the responsible person requests and is 18 granted a stay of an action initiated under this chapter to 19 establish child or medical support, the action shall proceed as 20 otherwise provided by this chapter . 21 Sec. 8. Section 598.21E, subsection 1, paragraph a, 22 subparagraph (1), Code 2022, is amended to read as follows: 23 (1) If the prior determination of paternity is based on 24 an affidavit of paternity filed pursuant to section 252A.3A , 25 or a court or administrative order entered in this state has 26 been legally established by one of the methods enumerated in 27 section 252A.3, subsection 10 , or by operation of law when the 28 mother and due to the established father are or were married 29 to each other father’s marriage to the mother at the time of 30 conception, birth, or at any time during the period between 31 conception and birth of the child , the provisions of section 32 600B.41A apply. 33 Sec. 9. Section 598.21E, subsection 1, paragraph b, Code 34 2022, is amended to read as follows: 35 -4- LSB 5270SV (2) 89 pf/rh 4/ 9

S.F. 2254 b. If Notwithstanding paragraph “a” , subparagraph (1), if 1 a determination of paternity is based on an administrative or 2 court order or other means pursuant to the laws of another 3 state or foreign country as defined in chapter 252K , any action 4 to overcome the prior determination of paternity shall be filed 5 in that jurisdiction. Unless a stay of the action initiated in 6 this state to establish child or medical support is requested 7 and granted by the court, pending a resolution of the contested 8 paternity issue by the other state or foreign country as 9 defined in chapter 252K , the action shall proceed. 10 Sec. 10. Section 600B.41A, subsection 1, Code 2022, is 11 amended to read as follows: 12 1. Paternity which is legally established may be overcome 13 as provided in this section if subsequent blood or genetic 14 testing indicates that the previously established father of 15 a child is not the biological father of the child. Unless 16 otherwise provided in this section , this section applies to the 17 overcoming of paternity which has been established according 18 to any of the means provided by one of the methods enumerated 19 in section 252A.3, subsection 10 , or by operation of law when 20 due to the established father and father’s marriage to the 21 mother of the child are or were married to each other, or as 22 determined by a court of this state under any other applicable 23 chapter at the time of conception, birth, or at any time during 24 the period between conception and birth of the child . 25 Sec. 11. Section 600B.41A, Code 2022, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 3A. Establishment of paternity may be 28 overcome under this section by a juvenile court pursuant to 29 section 232.3A if all of the following conditions are met: 30 a. Paternity of a child is contested during an active 31 child in need of assistance proceeding and the child is under 32 the jurisdiction of the juvenile court at the time an order 33 overcoming paternity is entered. 34 b. A guardian ad litem is appointed for the child. 35 -5- LSB 5270SV (2) 89 pf/rh 5/ 9

S.F. 2254 c. Notice of the action to overcome paternity is served on 1 any parent of the child in accordance with chapter 232 and if 2 enforcement services are being provided by the child support 3 recovery unit pursuant to chapter 252B, notice shall also be 4 served on the child support recovery unit. 5 d. Blood or genetic testing is conducted in accordance with 6 sections 232.3A and 600B.41. 7 (1) Unless otherwise specified pursuant to subsection 2 or 8 9, blood or genetic testing shall be conducted in an action to 9 overcome the establishment of paternity in the child in need of 10 assistance proceeding. 11 (2) Unless otherwise specified in this section, section 12 600B.41 applies to blood or genetic testing conducted as the 13 result of an action brought to overcome paternity. 14 (3) The juvenile court may order additional testing to 15 be conducted by the expert or an independent expert in order 16 to confirm a test upon which an expert concludes that the 17 established father is not the biological father of the child. 18 e. The juvenile court finds all of the following, as 19 applicable: 20 (1) That the conclusion of the expert as disclosed by the 21 evidence based upon blood or genetic testing demonstrates that 22 the established father is not the biological father of the 23 child. 24 (2) If paternity was established pursuant to section 25 252A.3A, the signed affidavit was based on fraud, duress, or 26 material mistake of fact. 27 (3) The established father agrees that his paternity should 28 be overcome or the juvenile court finds it is in the best 29 interest of the child that the established father’s paternity 30 be overcome despite the established father’s objection. 31 Sec. 12. Section 600B.41A, subsection 4, unnumbered 32 paragraph 1, Code 2022, is amended to read as follows: 33 If the court finds that the establishment of paternity is 34 overcome, in accordance with all of the conditions prescribed 35 -6- LSB 5270SV (2) 89 pf/rh 6/ 9

S.F. 2254 under subsection 3 or 3A , the court shall enter an order which 1 provides all of the following: 2 Sec. 13. Section 602.6306, subsection 2, Code 2022, is 3 amended to read as follows: 4 2. District associate judges also have jurisdiction 5 in civil actions for money judgment where the amount in 6 controversy does not exceed ten thousand dollars; jurisdiction 7 over involuntary commitment, treatment, or hospitalization 8 proceedings under chapters 125 and 229 ; jurisdiction of 9 indictable misdemeanors, class “D” felony violations, and 10 other felony arraignments; jurisdiction to enter a temporary 11 or emergency order of protection under chapter 235F or 236 , 12 and to make court appointments and set hearings in criminal 13 matters; jurisdiction to enter orders in probate which do not 14 require notice and hearing and to set hearings in actions under 15 chapter 633 or 633A ; and the jurisdiction provided in section 16 232.3A, 600.41A, or 602.7101 when designated as a judge of the 17 juvenile court. While presiding in these subject matters a 18 district associate judge shall employ district judges’ practice 19 and procedure. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to actions to overcome paternity during 24 a child in need of assistance proceeding or a termination 25 of parental rights proceeding, and the jurisdiction of the 26 juvenile court to initiate an action to overcome paternity. 27 The bill provides that for the purposes of Code chapter 232 28 (juvenile justice), “parent” does not include a father whose 29 paternity has been overcome. 30 The bill provides authority for the juvenile court during a 31 child in need of assistance (CINA) proceeding or termination of 32 parent-child relationship proceeding under Code chapter 232, 33 on its own motion or that of any party, to require the child 34 and established father to submit to blood or genetic testing, 35 -7- LSB 5270SV (2) 89 pf/rh 7/ 9

S.F. 2254 to challenge the paternity of the child. The juvenile court 1 may enter an order overcoming paternity of an established 2 father if: the child has been adjudicated a CINA in an active 3 juvenile court case and a dispositional order in that case is 4 in place; paternity of the child has been legally established; 5 the conclusion of the expert as disclosed by the evidence based 6 upon blood or genetic testing demonstrates that the established 7 father is not the biological father of the child; and the 8 established father agrees that his paternity should be overcome 9 or the established father objects to having his paternity 10 overcome but the court finds that it is in the best interest 11 of the child to overcome his paternity. The bill provides 12 that when the criteria for overcoming paternity are met, the 13 juvenile court shall enter an order overcoming paternity, and 14 shall send a copy of the order to the clerk of the district 15 court. The juvenile court shall designate the petitioner and 16 respondent for the purposes of the order. Upon receipt of the 17 order by the district court, the clerk of the district court 18 shall docket the case. Filing fees and other court costs shall 19 not be assessed against the parties. 20 The district court shall take judicial notice of the 21 juvenile file in any hearing related to the case. Records 22 contained in the district court case file that were copied or 23 transferred from the juvenile court file concerning the case 24 are subject to the confidentiality provisions of Code chapter 25 232 for cases not involving juvenile delinquency, and shall be 26 disclosed, upon request, to the child support recovery unit 27 without a court order. 28 If paternity testing is completed and the established father 29 is not excluded as the biological father of the child, the 30 court shall find the established father to be the biological 31 father of the child and a necessary party to the action. The 32 provisions of the bill are not to be construed to require 33 appointment of counsel for the parties in the district court 34 action. 35 -8- LSB 5270SV (2) 89 pf/rh 8/ 9

S.F. 2254 The bill also establishes the criteria under Code section 1 600B.41A (actions to overcome paternity —— applicability —— 2 conditions) specific to an action under the jurisdiction of 3 the juvenile court to overcome paternity in a child in need of 4 assistance proceeding. 5 The bill makes conforming changes throughout the Code 6 relating to legally establishing paternity and under Code 7 section 602.6306 (jurisdiction, procedure, appeals) relating to 8 the jurisdiction of district associate judges when designated 9 as a judge of the juvenile court, to include the overcoming of 10 paternity proceedings created in the bill. 11 -9- LSB 5270SV (2) 89 pf/rh 9/ 9