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Senate File 525 - IntroducedA Bill ForAn Act 1relating to child welfare including the temporary
2custody of a child and judicial proceedings in child in need
3of assistance and termination of parental rights cases.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.78, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 8. a. If the department or a court with
4jurisdiction over the child determines that the child should be
5removed from the custody of a parent, placement of the child
6with the child’s relatives shall be considered in the following
7order of priority:
8(1) The child’s other parent.
9(2) A grandparent of the child.
10(3) An adult sibling of the child.
11(4) An uncle or aunt of the child.
12(5) Any other blood relative.
13b. A court shall not order placement of a child with a
14nonrelative without a specific finding that a placement with
15a relative identified in paragraph “a” is inappropriate and
16providing reasons for such a finding.
17 Sec. 2. Section 232.91, subsection 1, Code 2021, is amended
18to read as follows:
191. Any hearings or proceedings under this subchapter
20subsequent to the filing of a petition shall not take place
21without the presence of the child’s parent, guardian,
22custodian, or guardian ad litem in accordance with and subject
23to section 232.38. A parent without custody may petition
24the court to shall be made a party to proceedings under this
25subchapter.
26 Sec. 3. Section 232.117, subsection 6, Code 2021, is amended
27by striking the subsection and inserting in lieu thereof the
28following:
296. a. If the court orders the termination of parental
30rights and transfers guardianship and custody under subsection
313, the guardian shall submit a case permanency plan to the
32court and shall make every effort to establish a stable
33placement for the child by adoption or other permanent
34placement.
35b. If the parental rights of the child’s biological parents
-1-1had previously been terminated, and the court has ordered the
2termination of the parental rights of the child’s adoptive
3parents, the guardian shall investigate whether the child’s
4biological parents are appropriate for placement or adoption
5of the child. If the guardian finds the child’s biological
6parents are appropriate for placement or adoption of the child,
7the biological parents shall be given priority for placement or
8adoption of the child.
9c. Within forty-five days of receipt of the termination
10order, and every forty-five days thereafter until the court
11determines such reports are no longer necessary, the guardian
12shall report to the court regarding efforts made to place
13the child for adoption or providing the rationale as to why
14adoption would not be in the child’s best interest.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to child welfare including the temporary
19custody of a child and judicial proceedings in child in need of
20assistance and termination of parental rights cases.
21The bill provides that, in cases where a child has been
22ordered to be removed from the custody of a parent prior to the
23filing of a petition under Code chapter 232 (juvenile justice),
24the department of human services or a court with jurisdiction
25over the child shall consider placing the child with a relative
26in the following order of priority: the child’s other parent;
27a grandparent of the child; an adult sibling of the child; an
28uncle or aunt of the child; and any other blood relative. The
29bill prohibits a court from placing a child with a nonrelative
30without a specific finding that a relative as prioritized
31in the bill is inappropriate for placement of the child and
32providing reasons for such a finding.
33The bill requires that parents without custody of
34their child be made a party to child in need of assistance
35proceedings involving the parent’s child. Under current law,
-2-1parents without custody of their child may petition the court
2to become a party to a child in need of assistance proceeding.
3The bill requires the guardian of a child whose adoptive
4parents have been terminated by court order to investigate
5whether the child’s biological parents are appropriate for
6placement or adoption of the child if the parental rights of
7the child’s biological parents had previously been terminated.
8The bill requires biological parents to be given priority for
9placement or adoption if the guardian finds that placement or
10adoption with the biological parents is appropriate.
-3-dg/rh
2custody of a child and judicial proceedings in child in need
3of assistance and termination of parental rights cases.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.78, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 8. a. If the department or a court with
4jurisdiction over the child determines that the child should be
5removed from the custody of a parent, placement of the child
6with the child’s relatives shall be considered in the following
7order of priority:
8(1) The child’s other parent.
9(2) A grandparent of the child.
10(3) An adult sibling of the child.
11(4) An uncle or aunt of the child.
12(5) Any other blood relative.
13b. A court shall not order placement of a child with a
14nonrelative without a specific finding that a placement with
15a relative identified in paragraph “a” is inappropriate and
16providing reasons for such a finding.
17 Sec. 2. Section 232.91, subsection 1, Code 2021, is amended
18to read as follows:
191. Any hearings or proceedings under this subchapter
20subsequent to the filing of a petition shall not take place
21without the presence of the child’s parent, guardian,
22custodian, or guardian ad litem in accordance with and subject
23to section 232.38. A parent without custody may petition
24the court to shall be made a party to proceedings under this
25subchapter.
26 Sec. 3. Section 232.117, subsection 6, Code 2021, is amended
27by striking the subsection and inserting in lieu thereof the
28following:
296. a. If the court orders the termination of parental
30rights and transfers guardianship and custody under subsection
313, the guardian shall submit a case permanency plan to the
32court and shall make every effort to establish a stable
33placement for the child by adoption or other permanent
34placement.
35b. If the parental rights of the child’s biological parents
-1-1had previously been terminated, and the court has ordered the
2termination of the parental rights of the child’s adoptive
3parents, the guardian shall investigate whether the child’s
4biological parents are appropriate for placement or adoption
5of the child. If the guardian finds the child’s biological
6parents are appropriate for placement or adoption of the child,
7the biological parents shall be given priority for placement or
8adoption of the child.
9c. Within forty-five days of receipt of the termination
10order, and every forty-five days thereafter until the court
11determines such reports are no longer necessary, the guardian
12shall report to the court regarding efforts made to place
13the child for adoption or providing the rationale as to why
14adoption would not be in the child’s best interest.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to child welfare including the temporary
19custody of a child and judicial proceedings in child in need of
20assistance and termination of parental rights cases.
21The bill provides that, in cases where a child has been
22ordered to be removed from the custody of a parent prior to the
23filing of a petition under Code chapter 232 (juvenile justice),
24the department of human services or a court with jurisdiction
25over the child shall consider placing the child with a relative
26in the following order of priority: the child’s other parent;
27a grandparent of the child; an adult sibling of the child; an
28uncle or aunt of the child; and any other blood relative. The
29bill prohibits a court from placing a child with a nonrelative
30without a specific finding that a relative as prioritized
31in the bill is inappropriate for placement of the child and
32providing reasons for such a finding.
33The bill requires that parents without custody of
34their child be made a party to child in need of assistance
35proceedings involving the parent’s child. Under current law,
-2-1parents without custody of their child may petition the court
2to become a party to a child in need of assistance proceeding.
3The bill requires the guardian of a child whose adoptive
4parents have been terminated by court order to investigate
5whether the child’s biological parents are appropriate for
6placement or adoption of the child if the parental rights of
7the child’s biological parents had previously been terminated.
8The bill requires biological parents to be given priority for
9placement or adoption if the guardian finds that placement or
10adoption with the biological parents is appropriate.
-3-dg/rh