Senate
File
154
-
Introduced
SENATE
FILE
154
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1006)
A
BILL
FOR
An
Act
authorizing
the
waiver
of
preplacement
investigations
1
and
reports
in
certain
adoption
proceedings.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1687SV
(1)
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dg/ko
S.F.
154
Section
1.
Section
600.8,
subsection
2,
paragraph
a,
1
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
2
(2)
A
report
of
a
preplacement
investigation
that
has
3
approved
a
prospective
adoption
petitioner
for
a
placement
4
shall
not
authorize
placement
of
a
minor
person
with
that
5
petitioner
after
two
years
from
the
date
of
the
report’s
6
issuance.
However,
if
the
prospective
adoption
petitioner
7
is
a
relative
within
the
fourth
degree
of
consanguinity
who
8
described
by
subsection
12,
paragraph
“a”
,
subparagraph
(1)
or
9
(2),
and
has
assumed
custody
of
a
minor
person
to
be
adopted,
10
a
preplacement
investigation
of
this
petitioner
and
a
report
11
of
the
investigation
may
be
completed
at
a
time
established
by
12
the
juvenile
court
or
court
or
may
be
waived
as
provided
in
13
subsection
12
.
14
Sec.
2.
Section
600.8,
subsections
7
and
12,
Code
2025,
are
15
amended
to
read
as
follows:
16
7.
a.
Any
An
investigation
or
report
shall
not
be
required
17
under
this
section
shall
not
apply
when
the
in
any
of
the
18
following
circumstances:
19
(1)
The
person
to
be
adopted
is
an
adult
or
when
the
.
20
(2)
The
prospective
adoption
petitioner
or
adoption
21
petitioner
is
a
stepparent
of
the
person
to
be
adopted.
22
However,
in
the
case
of
a
stepparent
adoption,
the
juvenile
23
court
or
court,
upon
the
request
of
an
interested
person
or
24
on
its
own
motion
stating
the
reasons
therefor
of
record,
may
25
order
an
investigation
or
report
pursuant
to
this
section
.
26
Additionally,
if
27
b.
If
an
adoption
petitioner
discloses
a
criminal
conviction
28
or
deferred
judgment
for
an
offense
,
other
than
a
simple
29
misdemeanor
,
or
founded
child
abuse
report
pursuant
to
section
30
600.5
,
the
petitioner
shall
notify
the
court
of
the
inclusion
31
of
this
information
in
the
petition
prior
to
the
final
adoption
32
hearing,
and
the
court
shall
make
a
specific
ruling
regarding
33
whether
to
waive
any
investigation
or
report
required
under
34
subsection
1
.
35
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12.
a.
Any
investigation
and
report
required
under
1
subsection
1
may
be
waived
by
the
A
juvenile
court
or
court
2
if
the
may
waive
an
investigation
and
report
required
under
3
subsection
1
in
any
of
the
following
circumstances:
4
(1)
The
adoption
petitioner
is
related
within
the
fourth
5
degree
of
consanguinity
to
the
person
to
be
adopted.
However,
6
if
7
(2)
The
adoption
petitioner
meets
all
of
the
following
8
requirements:
9
(a)
The
adoption
petitioner
is
the
current
legal
guardian
10
for
the
person
to
be
adopted.
11
(b)
The
adoption
petitioner
has
been
the
legal
guardian
for
12
the
person
to
be
adopted
for
the
thirty-six
consecutive
months
13
immediately
preceding
the
date
the
adoption
petition
is
filed.
14
(c)
The
adoption
petitioner
has
complied
with
section
15
232D.402
for
the
thirty-six
consecutive
months
immediately
16
preceding
the
date
the
adoption
petition
is
filed.
17
b.
Notwithstanding
paragraph
“a”
,
if
an
adoption
petitioner
18
discloses
a
criminal
conviction
or
deferred
judgment
for
an
19
offense
,
other
than
a
simple
misdemeanor
,
or
founded
child
20
abuse
report
pursuant
to
section
600.5
,
the
petitioner
shall
21
notify
the
court
of
the
inclusion
of
this
information
in
the
22
petition
prior
to
the
final
adoption
hearing
,
and
the
court
23
shall
make
a
specific
ruling
regarding
whether
to
waive
any
24
investigation
or
report
required
under
subsection
1
.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
the
waiver
of
preplacement
29
investigations
and
reports
in
certain
adoption
proceedings.
30
The
bill
authorizes
a
juvenile
court
or
court
to
waive
a
31
preplacement
investigation
and
report
for
an
adoption
if
the
32
adoption
petitioner
is
the
current
legal
guardian
for
the
33
person
to
be
adopted
and
has
been
for
the
36
consecutive
months
34
immediately
preceding
the
date
the
adoption
petition
was
35
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filed.
The
petitioner
must
have
complied
with
the
duties
and
1
responsibilities
of
a
guardian
for
those
36
consecutive
months.
2
Current
law
only
authorizes
the
court
to
waive
a
preplacement
3
investigation
and
report
if
the
adoption
petitioner
is
related
4
to
the
person
to
be
adopted
within
the
fourth
degree
of
5
consanguinity.
6
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