S.F. 328 Section 1. NEW SECTION . 232.103B Child in need of 1 assistance cases —— transfer of jurisdiction pursuant to bridge 2 modification order. 3 1. A juvenile court may close a child in need of assistance 4 case by returning jurisdiction of the child’s custody to the 5 district court through an order modifying issues of legal 6 custody, physical care, and parenting time if all of the 7 following criteria have been met: 8 a. The child has been adjudicated a child in need of 9 assistance in an active juvenile court case, and a permanency 10 order is in place in that case. 11 b. Legal paternity has been established for the child. 12 c. The child is safely unified with a parent. 13 d. The district court has issued an order concerning 14 custody, physical care, and parenting time regarding the child 15 and the order is in place at the time of the filing of the child 16 in need of assistance petition. 17 e. The juvenile court has determined that the child in need 18 of assistance case can safely close when the modified district 19 court order for custody, physical care, and parenting time is 20 in place. 21 f. Either parent has qualified for a court-appointed 22 attorney in the juvenile case. 23 2. When the criteria specified in subsection 1 are met, any 24 party to a child in need of assistance proceeding in juvenile 25 court may file a motion with the juvenile court for a bridge 26 modification order as described in subsection 1. Such motion 27 shall be set for hearing by the juvenile court no less than 28 thirty days but not more than ninety days from the date of 29 filing of the motion. The juvenile court, on its own motion, 30 may set a hearing on the issue of the bridge modification order 31 if such hearing is set no less than thirty days from the date of 32 notice to the parties. 33 3. Bridge modification orders shall only address legal 34 custody, physical care, and parenting time. All other matters, 35 -1- LSB 1410SV (3) 90 dg/rh 1/ 4

S.F. 328 including child support, shall be filed by separate petition 1 in district court, and shall be subject to existing statutory 2 requirements. 3 4. Upon transferring Jurisdiction, the clerk of court shall 4 docket the bridge modification order in the current district 5 court custodial order court file. The clerk of court shall 6 not assess any filing fees or other court costs. The juvenile 7 court shall follow the previously designated listing of the 8 parties as petitioner and as respondent for the purposes of the 9 bridge modification order. 10 5. The district court shall take judicial notice of the 11 current child in of assistance case related to the bridge 12 modification order, as well as any prior child in need of 13 assistance cases relating to any prior bridge orders in any 14 hearing related to the case. Records that are copied or 15 transferred from the juvenile court file shall be subject to 16 section 232.147 and other confidentiality provisions of this 17 chapter for cases not involving juvenile delinquency. Such 18 documents shall be disclosed, upon request, to the child 19 support recovery unit without a court order, subject to any 20 statutory confidentiality provisions. 21 6. Nothing in this section shall be construed to require the 22 appointment of counsel for the parties in the district court 23 action. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to the ability of a juvenile court to 28 close a child in need of assistance (CINA) case by transferring 29 jurisdiction through modification of a bridge order issued 30 pursuant to a previous CINA case. 31 Under current law, a juvenile court may close a CINA case 32 by issuing a bridge order that would transfer jurisdiction to 33 the district court. If the child is subject to a subsequent 34 CINA case, the juvenile court is required to issue a new order 35 -2- LSB 1410SV (3) 90 dg/rh 2/ 4

S.F. 328 for the case and the court would have to rescind the previous 1 bridge order. The bill provides that if a bridge order 2 currently exists for a child in a CINA case, a juvenile court 3 may close a CINA case by returning jurisdiction of the child’s 4 custody to the district court through an order modifying issues 5 of legal custody, physical care, and parenting time if the 6 child has been adjudicated a CINA in an active juvenile court 7 case, and a permanency order is in place in that case; legal 8 paternity has been established for the child; the child is 9 safely unified with a parent; the district court has issued an 10 order concerning custody, physical care, and parenting time 11 regarding the child and the order is in place at the time of the 12 filing of the CINA petition; the juvenile court has determined 13 that the CINA case can safely close when the modified district 14 court order for custody, physical care, and parenting time is 15 in place; and either parent has qualified for a court appointed 16 attorney in the juvenile case. 17 When all of the criteria as described in the bill are met, 18 the bill allows any party to a CINA proceeding in juvenile 19 court to file a motion with the juvenile court for a bridge 20 modification order to return jurisdiction to the district court 21 and close the CINA case. The bill requires such a motion to be 22 set for hearing by the juvenile court no less than 30 days but 23 not more than 90 days from the date of filing of the motion. 24 The juvenile court, on its own motion, may set a hearing on the 25 issue of the bridge modification order if such hearing is set 26 no less than 30 days from the date of notice to the parties. 27 The bill limits bridge modification orders to only address 28 matters of legal custody, physical care, and parenting time. 29 All other matters, including child support, shall be filed by 30 separate petition in district court and shall be subject to 31 existing statutory requirements. 32 The bill requires the clerk of court, upon receiving 33 jurisdiction of a transferred CINA case, to docket the bridge 34 modification order in the current district court custodial 35 -3- LSB 1410SV (3) 90 dg/rh 3/ 4

S.F. 328 order court file. The bill prohibits the clerk of court from 1 assessing any filing fees or other court costs. The bill 2 requires the juvenile court to follow the previously designated 3 listing of the parties as petitioner and as respondent for the 4 purposes of the bridge modification order. 5 The bill requires the district court to take judicial notice 6 of the CINA case related to the bridge modification order, 7 as well as any prior CINA cases relating to any prior bridge 8 orders in any hearing related to the case. Records that are 9 copied or transferred from the juvenile court file shall be 10 subject to Code chapter 232 (juvenile justice) confidentiality 11 provisions for cases not involving juvenile delinquency. The 12 bill requires such documents to be disclosed, upon request, to 13 the child support recovery unit without a court order, subject 14 to any statutory confidentiality provisions. 15 The bill does not require the appointment of counsel for the 16 parties in the district court action. 17 -4- LSB 1410SV (3) 90 dg/rh 4/ 4