House File 58 - Introduced HOUSE FILE 58 BY LOHSE and JONES A BILL FOR An Act relating to the vacation of certain termination of 1 parental rights orders. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1169YH (4) 90 pf/rh

H.F. 58 Section 1. Section 600A.9, subsection 2, Code 2023, is 1 amended to read as follows: 2 2. a. If an order is issued under subsection 1 , paragraph 3 “b” of this section , the juvenile court shall retain 4 jurisdiction to change a guardian or custodian and to allow a 5 terminated parent or any putative biological parent to request 6 vacation or appeal of the termination order which request 7 must be made within thirty days of issuance of the granting 8 of the order. The period for request by a terminated parent 9 or by a putative biological parent for vacation or appeal 10 shall not be waived or extended and a vacation or appeal shall 11 not be granted after the expiration of this period. The 12 juvenile court shall grant the vacation request only if it is 13 in the best interest of the child. The supreme court shall 14 prescribe rules to establish a period of thirty days, which 15 shall not be waived or extended, in which a terminated or 16 putative biological parent may request a vacation or appeal of 17 a termination order. 18 b. If an order is issued under subsection 1, paragraph “b” , 19 to terminate the parental rights of a biological parent who 20 indicated in the parent’s petition for termination of parental 21 rights the grounds for termination specified in section 600A.8, 22 subsection 1, but an order to terminate the parental rights 23 of any other putative biological parent is not issued by the 24 court pursuant to subsection 1, paragraph “b” , nor has the 25 other putative biological parent consented to the adoption in 26 lieu of termination of the parent’s parental rights, thereby 27 prohibiting the filing of an adoption petition pursuant to 28 section 600.3, subsection 2, the court shall allow the parent 29 for whom the court issued an order terminating parental 30 rights to request a vacation of the order within thirty days 31 of issuance of the granting of the order. The period for 32 request by a terminated parent for vacation shall not be waived 33 or extended and a vacation shall not be granted after the 34 expiration of this period. The juvenile court shall grant the 35 -1- LSB 1169YH (4) 90 pf/rh 1/ 2

H.F. 58 vacation request only if it is in the best interest of the 1 child. The supreme court shall prescribe rules to establish a 2 period of thirty days, which shall not be waived or extended, 3 in which a terminated parent may request a vacation of a 4 termination order under this paragraph “b” . 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the vacation of certain termination of 9 parental rights orders. 10 Under the bill, if the court issues an order granting the 11 termination of parental rights petition of a biological parent 12 who indicated as the grounds for termination that the parent 13 has signed a release of custody and the release has not been 14 revoked, but the court has not issued an order granting the 15 termination of parental rights of any other putative biological 16 parent nor has the other putative biological parent consented 17 to the adoption in lieu of termination of the parent’s parental 18 rights thereby prohibiting the filing of an adoption petition, 19 the court shall allow the parent for whom the court issued an 20 order terminating parental rights to request a vacation of the 21 order within 30 days of issuance of the granting of the order. 22 The period for the request shall not be waived or extended and 23 a vacation shall not be granted after the expiration of the 24 period. The juvenile court shall grant the vacation request 25 only if it is in the best interest of the child. The supreme 26 court shall prescribe rules to establish a period of 30 days 27 in which a terminated parent may request a vacation of a 28 termination order under the bill. 29 -2- LSB 1169YH (4) 90 pf/rh 2/ 2