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Senate File 275 - IntroducedA Bill ForAn Act 1relating to termination of parental rights proceedings
2based upon safety or security concerns.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 600A.5, Code 2017, is amended to read as
2follows:
3600A.5 Petition for termination — venue — safety or
4security concerns.
51. The following persons may petition a juvenile court for
6termination of parental rights under this chapter if the child
7of the parent-child relationship is born or expected to be born
8within one hundred eighty days of the date of petition filing:
9a. A parent or prospective parent of the parent-child
10relationship.
11b. A custodian or guardian of the child.
122. A petition for termination of parental rights shall be
13filed, and venue shall lie, with the juvenile court in the
14county in which the guardian or custodian of the child resides
15or the child, the biological mother, or the pregnant woman is
16domiciled. If a juvenile court has made an order pertaining
17to a minor child under chapter 232, division III, and that
18order is still in force, the termination proceedings shall be
19conducted pursuant to the provisions of chapter 232, division
20IV.
213. A petition for termination of parental rights shall
22include the following:
23a. The legal name, age and domicile, if any, of the child.
24b. The names, residences, and domicile of any:
25(1) Living parents of the child.
26(2) Guardian of the child.
27(3) Custodian of the child.
28(4) Guardian ad litem of the child.
29(5) Petitioner.
30(6) Person standing in the place of the parents of the
31child.
32c. A plain statement of the facts and grounds in section
33600A.8 which indicate that the parent-child relationship should
34be terminated.
35d. A plain statement explaining why the petitioner does not
-1-1know any of the information required under paragraphs “a” and
2“b” of this subsection.
3e. The signature and verification of the petitioner.
44. If the petitioner alleges and affirms in the verified
5petition that the petitioner has a legitimate concern for the
6safety or security of the child or petitioner, all of the
7following shall apply:
8a. Notwithstanding subsection 2, the petitioner may file
9the petition in a county within the same judicial district but
10other than those counties specified, and venue shall be in the
11county in which the petition is filed.
12b. The court shall keep confidential the residence and
13domicile of the child and the petitioner disclosed in the
14petition.
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 a petition for termination of parental
19rights. Current law provides that a petition for termination
20of parental rights shall be filed with the juvenile court in
21the county in which the guardian or custodian of the child
22resides or the child, the biological mother, or the pregnant
23woman is domiciled. The bill specifies that venue shall also
24lie in such locations.
25The bill also provides that if a petitioner alleges and
26affirms in the verified petition that the petitioner has a
27legitimate concern for the safety or security of the child or
28the petitioner, the following apply: The petitioner may file
29the petition in a county in the same judicial district but
30other than those counties specified, and venue shall be in the
31county where the petition is filed; and the court shall keep
32confidential the residence and domicile of the child and the
33petitioner disclosed in the petition.
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2based upon safety or security concerns.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 600A.5, Code 2017, is amended to read as
2follows:
3600A.5 Petition for termination — venue — safety or
4security concerns.
51. The following persons may petition a juvenile court for
6termination of parental rights under this chapter if the child
7of the parent-child relationship is born or expected to be born
8within one hundred eighty days of the date of petition filing:
9a. A parent or prospective parent of the parent-child
10relationship.
11b. A custodian or guardian of the child.
122. A petition for termination of parental rights shall be
13filed, and venue shall lie, with the juvenile court in the
14county in which the guardian or custodian of the child resides
15or the child, the biological mother, or the pregnant woman is
16domiciled. If a juvenile court has made an order pertaining
17to a minor child under chapter 232, division III, and that
18order is still in force, the termination proceedings shall be
19conducted pursuant to the provisions of chapter 232, division
20IV.
213. A petition for termination of parental rights shall
22include the following:
23a. The legal name, age and domicile, if any, of the child.
24b. The names, residences, and domicile of any:
25(1) Living parents of the child.
26(2) Guardian of the child.
27(3) Custodian of the child.
28(4) Guardian ad litem of the child.
29(5) Petitioner.
30(6) Person standing in the place of the parents of the
31child.
32c. A plain statement of the facts and grounds in section
33600A.8 which indicate that the parent-child relationship should
34be terminated.
35d. A plain statement explaining why the petitioner does not
-1-1know any of the information required under paragraphs “a” and
2“b” of this subsection.
3e. The signature and verification of the petitioner.
44. If the petitioner alleges and affirms in the verified
5petition that the petitioner has a legitimate concern for the
6safety or security of the child or petitioner, all of the
7following shall apply:
8a. Notwithstanding subsection 2, the petitioner may file
9the petition in a county within the same judicial district but
10other than those counties specified, and venue shall be in the
11county in which the petition is filed.
12b. The court shall keep confidential the residence and
13domicile of the child and the petitioner disclosed in the
14petition.
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 a petition for termination of parental
19rights. Current law provides that a petition for termination
20of parental rights shall be filed with the juvenile court in
21the county in which the guardian or custodian of the child
22resides or the child, the biological mother, or the pregnant
23woman is domiciled. The bill specifies that venue shall also
24lie in such locations.
25The bill also provides that if a petitioner alleges and
26affirms in the verified petition that the petitioner has a
27legitimate concern for the safety or security of the child or
28the petitioner, the following apply: The petitioner may file
29the petition in a county in the same judicial district but
30other than those counties specified, and venue shall be in the
31county where the petition is filed; and the court shall keep
32confidential the residence and domicile of the child and the
33petitioner disclosed in the petition.
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