HSB 41 (LSB 1687YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act authorizing the waiver of preplacement investigations and reports in certain adoption proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 600.8, subsection 2, paragraph a, subparagraph (2), Code 2025, is amended to read as follows:
   (2)  A report of a preplacement investigation that has approved a prospective adoption petitioner for a placement shall not authorize placement of a minor person with that petitioner after two years from the date of the report’s issuance. However, if the prospective adoption petitioner is a relative within the fourth degree of consanguinity who described by subsection 12, paragraph “a”, subparagraph (1) or (2), and has assumed custody of a minor person to be adopted, a preplacement investigation of this petitioner and a report of the investigation may be completed at a time established by the juvenile court or court or may be waived as provided in subsection 12.
    Sec. 2.  Section 600.8, subsections 7 and 12, Code 2025, are amended to read as follows:
   7.  a.  Any An investigation or report shall not be required under this section shall not apply when the in any of the following circumstances:
   (1)  The person to be adopted is an adult or when the.
   (2)  The prospective adoption petitioner or adoption petitioner is a stepparent of the person to be adopted. However, in the case of a stepparent adoption, the juvenile court or court, upon the request of an interested person or on its own motion stating the reasons therefor of record, may order an investigation or report pursuant to this section. Additionally, if
   b.  If an adoption petitioner discloses a criminal conviction or deferred judgment for an offense, other than a simple misdemeanor, or founded child abuse report pursuant to section 600.5, the petitioner shall notify the court of the inclusion of this information in the petition prior to the final adoption hearing, and the court shall make a specific ruling regarding whether to waive any investigation or report required under subsection 1.
   12.  a.  Any investigation and report required under subsection 1 may be waived by the A juvenile court or court if the may waive an investigation and report required under subsection 1 in any of the following circumstances:
   (1)  The adoption petitioner is related within the fourth degree of consanguinity to the person to be adopted. However, if
   (2)  The adoption petitioner meets all of the following requirements:
   (a)  The adoption petitioner is the current legal guardian for the person to be adopted.
   (b)  The adoption petitioner has been the legal guardian for the person to be adopted for the thirty-six consecutive months immediately preceding the date the adoption petition is filed.
   (c)  The adoption petitioner has complied with section 232D.402 for the thirty-six consecutive months immediately preceding the date the adoption petition is filed.
   b.  Notwithstanding paragraph “a”, if an adoption petitioner discloses a criminal conviction or deferred judgment for an offense, other than a simple misdemeanor, or founded child abuse report pursuant to section 600.5, the petitioner shall notify the court of the inclusion of this information in the petition prior to the final adoption hearing, and the court shall make a specific ruling regarding whether to waive any investigation or report required under subsection 1.
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 waiver of preplacement investigations and reports in certain adoption proceedings. The bill authorizes a juvenile court or court to waive a preplacement investigation and report for an adoption if the adoption petitioner is the current legal guardian for the person to be adopted and has been for the 36 consecutive months immediately preceding the date the adoption petition was filed. The petitioner must have complied with the duties and responsibilities of a guardian for those 36 consecutive months. Current law only authorizes the court to waive a preplacement investigation and report if the adoption petitioner is related to the person to be adopted within the fourth degree of consanguinity.