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Senate File 471 - IntroducedA Bill ForAn Act 1relating to the termination of parental rights of
2an incarcerated parent under child in need of assistance
3proceedings.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.116, subsection 3, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. f. (1) The absence of a parent is due to
4the parent’s incarceration in a jail or correctional facility
5and all of the following apply:
6(a) A relative has legal custody of the child.
7(b) The child is over ten years of age and objects to the
8termination.
9(c) There is clear and convincing evidence that the
10termination would be detrimental to the child due to the
11closeness of the parent-child relationship.
12(d) The child was removed from the child’s home due to the
13parent’s incarceration.
14(e) The incarcerated parent is participating in substance
15abuse or mental health treatment services and parenting
16classes.
17(f) There is clear and convincing evidence that the parent
18continues to exhibit the ability and willingness to respond to
19additional services.
20(g) There is clear and convincing evidence that the parent
21exhibits the ability and willingness to participate in planning
22for the child to return home within twelve months following the
23parent’s release from the jail or correctional facility.
24(2) The court shall take into consideration all barriers
25accessing services for a parent incarcerated in jail or a
26correctional facility including but not limited to all of the
27following:
28(a) The lack of appropriate areas in the jail or
29correctional facility for the parent to have visitation with
30the child.
31(b) The lack of the parent’s ability to participate in video
32conference or telephone calls with the child.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill relates to the termination of parental rights
2of an incarcerated parent under child in need of assistance
3proceedings.
4The bill provides that the court need not terminate the
5relationship between a parent and child due to the absence of a
6parent if a court finds that the absence of the parent is due to
7the parent’s incarceration in a jail or a correctional facility
8and a relative has legal custody of the child, the child is
9over 10 years of age and objects to the termination, there
10is clear and convincing evidence that the termination would
11be detrimental to the child at the time due to the closeness
12of the parent-child relationship, the child was removed from
13the home due to the parent’s incarceration, the incarcerated
14parent is participating in substance abuse or mental health
15treatment services and parenting classes offered in the
16jail or correctional facility, there is clear and convincing
17evidence that the parent continues to exhibit the ability and
18willingness to respond to additional services, and there is
19clear and convincing evidence that the parent exhibits the
20ability and willingness to participate in planning for the
21child to return home within 12 months following the parent’s
22release from the jail or correctional facility.
23The bill requires the court to take into consideration all
24barriers accessing services for a parent who is incarcerated
25in jail or a correctional facility including but not limited
26to the lack of appropriate areas in the jail or correctional
27facility for the parent to have visitation with the child
28and the lack of the parent’s ability to participate in video
29conference or telephone calls with the child.
-2-hb/rh
2an incarcerated parent under child in need of assistance
3proceedings.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.116, subsection 3, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. f. (1) The absence of a parent is due to
4the parent’s incarceration in a jail or correctional facility
5and all of the following apply:
6(a) A relative has legal custody of the child.
7(b) The child is over ten years of age and objects to the
8termination.
9(c) There is clear and convincing evidence that the
10termination would be detrimental to the child due to the
11closeness of the parent-child relationship.
12(d) The child was removed from the child’s home due to the
13parent’s incarceration.
14(e) The incarcerated parent is participating in substance
15abuse or mental health treatment services and parenting
16classes.
17(f) There is clear and convincing evidence that the parent
18continues to exhibit the ability and willingness to respond to
19additional services.
20(g) There is clear and convincing evidence that the parent
21exhibits the ability and willingness to participate in planning
22for the child to return home within twelve months following the
23parent’s release from the jail or correctional facility.
24(2) The court shall take into consideration all barriers
25accessing services for a parent incarcerated in jail or a
26correctional facility including but not limited to all of the
27following:
28(a) The lack of appropriate areas in the jail or
29correctional facility for the parent to have visitation with
30the child.
31(b) The lack of the parent’s ability to participate in video
32conference or telephone calls with the child.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill relates to the termination of parental rights
2of an incarcerated parent under child in need of assistance
3proceedings.
4The bill provides that the court need not terminate the
5relationship between a parent and child due to the absence of a
6parent if a court finds that the absence of the parent is due to
7the parent’s incarceration in a jail or a correctional facility
8and a relative has legal custody of the child, the child is
9over 10 years of age and objects to the termination, there
10is clear and convincing evidence that the termination would
11be detrimental to the child at the time due to the closeness
12of the parent-child relationship, the child was removed from
13the home due to the parent’s incarceration, the incarcerated
14parent is participating in substance abuse or mental health
15treatment services and parenting classes offered in the
16jail or correctional facility, there is clear and convincing
17evidence that the parent continues to exhibit the ability and
18willingness to respond to additional services, and there is
19clear and convincing evidence that the parent exhibits the
20ability and willingness to participate in planning for the
21child to return home within 12 months following the parent’s
22release from the jail or correctional facility.
23The bill requires the court to take into consideration all
24barriers accessing services for a parent who is incarcerated
25in jail or a correctional facility including but not limited
26to the lack of appropriate areas in the jail or correctional
27facility for the parent to have visitation with the child
28and the lack of the parent’s ability to participate in video
29conference or telephone calls with the child.
-2-hb/rh