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House File 292 - IntroducedA Bill ForAn Act 1relating to parental responsibilities including those
2related to custody and support and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 144.13, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 1A. The state registrar shall include
4with the birth certificate application, a separate statement,
5to be attested to by any parent and submitted to the state
6registrar, that in accordance with section 252A.3, the parent
7is liable for support of the child. The statement shall also
8provide notification to a parent that failure to comply with
9section 252A.3 may subject the parent to a proceeding to compel
10support pursuant to section 252A.5 and that failure or refusal
11to provide support for the person’s child may be grounds
12for the crime of nonsupport pursuant to section 726.5. The
13signed attestation submitted to the state registrar under this
14subsection is considered a confidential record under chapter
1522. The birth certificate application shall also include
16separate contact information for state agencies, including
17but not limited to the department of workforce development,
18that assist individuals in finding employment and a detachable
19checkoff for a parent who is unemployed to request assistance
20in finding employment.
21 Sec. 2. Section 144.13, subsection 3, Code 2017, is amended
22to read as follows:
233. a. If the mother was not married at the time of
24conception, birth, and at any time during the period between
25conception and birth, the mother shall enter the name of the
26father shall not be entered on the certificate of birth,
27unless a determination of subject to paternity has been made
28 being established pursuant to section 252A.3, in which case
29the name of the father as established shall be entered by
30the department. If The mother may refuse to enter the name
31of the father is not named on the certificate of birth, no
32other information about the father shall be entered on the
33certificate only if the mother files an affidavit with the
34certificate of birth, under penalty of perjury, attesting that
35she does not know who the father is or attesting that she
-1-1has made a good-faith effort to identify the father but was
2unable to do so as supported by evidence demonstrating the
3good-faith effort, or if good cause is shown. If a mother
4files an affidavit or asserts good cause in refusing to enter
5the name of the father on the birth certificate, upon receipt
6of the birth certificate by the state registrar, the state
7registrar shall forward the affidavit or good cause claim and
8any supporting evidence to the department of human services for
9investigation. If the mother’s affidavit or good cause claim
10and the investigation of the supporting evidence satisfies the
11department of human services, the department of human services
12shall grant the exemption and notify the state registrar.
13b. For the purposes of this subsection, “good cause” exists
14when the mother asserts and provides evidence to support any
15of the following claims in refusing to name the father on the
16birth certificate:
17(1) That a history of domestic abuse as defined in section
18236.2 exists.
19(2) That a history of child abuse as defined in section
20232.68 exists.
21(3) That the child was conceived as a result of incest or
22sexual abuse.
23c. Evidence supporting a good cause claim includes but is
24not limited to any of the following:
25(1) A medical or law enforcement record indicating that the
26child was conceived as the result of incest or sexual abuse.
27(2) Documentation of commencement of an action pursuant to
28section 236.3, the issuance of a protective order against the
29parent or the issuance of a court order or consent agreement
30pursuant to section 236.5, the issuance of an emergency order
31pursuant to section 236.6, the holding of a parent in contempt
32pursuant to section 664A.7, the response of a peace officer to
33the scene of alleged domestic abuse or the arrest of a parent
34following response to a report of alleged domestic abuse, or
35a conviction for domestic abuse assault pursuant to section
-2-1708.2A.
2(3) Documentation of founded child abuse pursuant to
3section 232.71D.
4(4) Sworn statements from individuals other than the mother
5that provide evidence supporting the good cause claim.
6d. The department shall adopt rules pursuant to chapter
717A to specify the documentation necessary to demonstrate a
8good-faith effort by the mother in identifying the father of
9the child under this subsection.
10e. An affidavit or good cause claim with any supporting
11evidence submitted under this subsection is a confidential
12record under chapter 22.
13f. A decision by the department under this subsection
14is final agency action and is subject to judicial review in
15accordance with chapter 17A.
16 Sec. 3. NEW SECTION. 217.25 Prerequisite for receipt of
17public assistance.
18The department of human services shall establish as a
19prerequisite for application for the family investment
20program pursuant to chapter 239B or the medical assistance
21program pursuant to chapter 249A that the entity receiving the
22application verify that any child who is included in the family
23unit has a completed birth certificate pursuant to section
24144.13, unless an exemption was granted based on an affidavit
25filed or good cause shown pursuant to section 144.13. If
26the department determines that the birth certificate is not
27complete and an exemption was not granted, the department shall
28deny the application for assistance and inform the applicant of
29the denial. A decision by the department under this subsection
30is final agency action and is subject to judicial review in
31accordance with chapter 17A.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to custody and support of a child.
-3- 1The bill directs the state registrar to include with the
2birth certificate application, a separate statement, to be
3attested to by any parent and submitted to the state registrar,
4that in accordance with Code section 252A.3, the parent is
5liable for support of the child. The statement is also to
6provide notification to a parent that failure to comply with
7this provision may subject the parent to a proceeding to compel
8support and that failure or refusal to provide support for the
9person’s child may be grounds for the crime of nonsupport,
10which is a class “D” felony. A class “D” felony is punishable
11by confinement for no more than five years and a fine of at
12least $750 but not more than $7,500. The signed attestation
13submitted to the state registrar is considered a confidential
14record. The birth certificate application is also to include
15separate contact information for state agencies, including
16but not limited to the department of workforce development,
17that assist individuals in finding employment and a detachable
18checkoff for a parent who is unemployed to request assistance
19in finding employment.
20The bill amends Code section 144.13 to require a mother
21who was not married at the time of the conception, birth, and
22at any time during the period between conception and birth
23to enter the name of the father on the certificate of birth,
24unless the mother files an affidavit, under penalty of perjury,
25attesting to not knowing who the father is or attesting that
26she has made a good-faith effort to identify the father but
27was unable to do so as supported by evidence demonstrating
28the good-faith effort, or if good cause is shown. The bill
29provides that if a mother files the affidavit or asserts good
30cause in refusing to enter the name of the father on the birth
31certificate, upon receipt of the birth certificate by the state
32registrar, the state registrar shall forward the claim and any
33supporting evidence to the department of human services (DHS)
34for investigation. If the mother’s claim and the investigation
35of the supporting evidence satisfies DHS, DHS is required to
-4-1grant the exemption and notify the state registrar. The bill
2specifies what constitutes “good cause”, what constitutes
3evidence supporting a claim of “good cause”, and directs DHS
4to adopt rules to specify the documentation necessary for a
5good-faith effort claim. The affidavits, good cause claim, and
6supporting evidence are confidential records. The department’s
7decision is final agency action and subject to judicial review.
8The bill directs DHS to establish as a prerequisite for
9application for the family investment program or the medical
10assistance program that the entity receiving the application
11verifies that any child who is included in the family unit has
12a completed birth certificate pursuant to Code section 144.13,
13unless an exemption was granted based on the affidavit filed by
14the mother or for good cause. If DHS determines that the birth
15certificate is not complete and an exemption was not granted,
16the department shall deny the application for assistance and
17inform the applicant of the denial. The department’s decision
18is final agency action and subject to judicial review.
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2related to custody and support and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 144.13, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 1A. The state registrar shall include
4with the birth certificate application, a separate statement,
5to be attested to by any parent and submitted to the state
6registrar, that in accordance with section 252A.3, the parent
7is liable for support of the child. The statement shall also
8provide notification to a parent that failure to comply with
9section 252A.3 may subject the parent to a proceeding to compel
10support pursuant to section 252A.5 and that failure or refusal
11to provide support for the person’s child may be grounds
12for the crime of nonsupport pursuant to section 726.5. The
13signed attestation submitted to the state registrar under this
14subsection is considered a confidential record under chapter
1522. The birth certificate application shall also include
16separate contact information for state agencies, including
17but not limited to the department of workforce development,
18that assist individuals in finding employment and a detachable
19checkoff for a parent who is unemployed to request assistance
20in finding employment.
21 Sec. 2. Section 144.13, subsection 3, Code 2017, is amended
22to read as follows:
233. a. If the mother was not married at the time of
24conception, birth, and at any time during the period between
25conception and birth, the mother shall enter the name of the
26father shall not be entered on the certificate of birth,
27unless a determination of subject to paternity has been made
28 being established pursuant to section 252A.3, in which case
29the name of the father as established shall be entered by
30the department. If The mother may refuse to enter the name
31of the father is not named on the certificate of birth, no
32other information about the father shall be entered on the
33certificate only if the mother files an affidavit with the
34certificate of birth, under penalty of perjury, attesting that
35she does not know who the father is or attesting that she
-1-1has made a good-faith effort to identify the father but was
2unable to do so as supported by evidence demonstrating the
3good-faith effort, or if good cause is shown. If a mother
4files an affidavit or asserts good cause in refusing to enter
5the name of the father on the birth certificate, upon receipt
6of the birth certificate by the state registrar, the state
7registrar shall forward the affidavit or good cause claim and
8any supporting evidence to the department of human services for
9investigation. If the mother’s affidavit or good cause claim
10and the investigation of the supporting evidence satisfies the
11department of human services, the department of human services
12shall grant the exemption and notify the state registrar.
13b. For the purposes of this subsection, “good cause” exists
14when the mother asserts and provides evidence to support any
15of the following claims in refusing to name the father on the
16birth certificate:
17(1) That a history of domestic abuse as defined in section
18236.2 exists.
19(2) That a history of child abuse as defined in section
20232.68 exists.
21(3) That the child was conceived as a result of incest or
22sexual abuse.
23c. Evidence supporting a good cause claim includes but is
24not limited to any of the following:
25(1) A medical or law enforcement record indicating that the
26child was conceived as the result of incest or sexual abuse.
27(2) Documentation of commencement of an action pursuant to
28section 236.3, the issuance of a protective order against the
29parent or the issuance of a court order or consent agreement
30pursuant to section 236.5, the issuance of an emergency order
31pursuant to section 236.6, the holding of a parent in contempt
32pursuant to section 664A.7, the response of a peace officer to
33the scene of alleged domestic abuse or the arrest of a parent
34following response to a report of alleged domestic abuse, or
35a conviction for domestic abuse assault pursuant to section
-2-1708.2A.
2(3) Documentation of founded child abuse pursuant to
3section 232.71D.
4(4) Sworn statements from individuals other than the mother
5that provide evidence supporting the good cause claim.
6d. The department shall adopt rules pursuant to chapter
717A to specify the documentation necessary to demonstrate a
8good-faith effort by the mother in identifying the father of
9the child under this subsection.
10e. An affidavit or good cause claim with any supporting
11evidence submitted under this subsection is a confidential
12record under chapter 22.
13f. A decision by the department under this subsection
14is final agency action and is subject to judicial review in
15accordance with chapter 17A.
16 Sec. 3. NEW SECTION. 217.25 Prerequisite for receipt of
17public assistance.
18The department of human services shall establish as a
19prerequisite for application for the family investment
20program pursuant to chapter 239B or the medical assistance
21program pursuant to chapter 249A that the entity receiving the
22application verify that any child who is included in the family
23unit has a completed birth certificate pursuant to section
24144.13, unless an exemption was granted based on an affidavit
25filed or good cause shown pursuant to section 144.13. If
26the department determines that the birth certificate is not
27complete and an exemption was not granted, the department shall
28deny the application for assistance and inform the applicant of
29the denial. A decision by the department under this subsection
30is final agency action and is subject to judicial review in
31accordance with chapter 17A.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to custody and support of a child.
-3- 1The bill directs the state registrar to include with the
2birth certificate application, a separate statement, to be
3attested to by any parent and submitted to the state registrar,
4that in accordance with Code section 252A.3, the parent is
5liable for support of the child. The statement is also to
6provide notification to a parent that failure to comply with
7this provision may subject the parent to a proceeding to compel
8support and that failure or refusal to provide support for the
9person’s child may be grounds for the crime of nonsupport,
10which is a class “D” felony. A class “D” felony is punishable
11by confinement for no more than five years and a fine of at
12least $750 but not more than $7,500. The signed attestation
13submitted to the state registrar is considered a confidential
14record. The birth certificate application is also to include
15separate contact information for state agencies, including
16but not limited to the department of workforce development,
17that assist individuals in finding employment and a detachable
18checkoff for a parent who is unemployed to request assistance
19in finding employment.
20The bill amends Code section 144.13 to require a mother
21who was not married at the time of the conception, birth, and
22at any time during the period between conception and birth
23to enter the name of the father on the certificate of birth,
24unless the mother files an affidavit, under penalty of perjury,
25attesting to not knowing who the father is or attesting that
26she has made a good-faith effort to identify the father but
27was unable to do so as supported by evidence demonstrating
28the good-faith effort, or if good cause is shown. The bill
29provides that if a mother files the affidavit or asserts good
30cause in refusing to enter the name of the father on the birth
31certificate, upon receipt of the birth certificate by the state
32registrar, the state registrar shall forward the claim and any
33supporting evidence to the department of human services (DHS)
34for investigation. If the mother’s claim and the investigation
35of the supporting evidence satisfies DHS, DHS is required to
-4-1grant the exemption and notify the state registrar. The bill
2specifies what constitutes “good cause”, what constitutes
3evidence supporting a claim of “good cause”, and directs DHS
4to adopt rules to specify the documentation necessary for a
5good-faith effort claim. The affidavits, good cause claim, and
6supporting evidence are confidential records. The department’s
7decision is final agency action and subject to judicial review.
8The bill directs DHS to establish as a prerequisite for
9application for the family investment program or the medical
10assistance program that the entity receiving the application
11verifies that any child who is included in the family unit has
12a completed birth certificate pursuant to Code section 144.13,
13unless an exemption was granted based on the affidavit filed by
14the mother or for good cause. If DHS determines that the birth
15certificate is not complete and an exemption was not granted,
16the department shall deny the application for assistance and
17inform the applicant of the denial. The department’s decision
18is final agency action and subject to judicial review.
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