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House Study Bill 158 - IntroducedA Bill ForAn Act 1relating to termination of parental rights and adoption
2proceedings, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 422.9, subsection 2, paragraph c, Code
22017, is amended to read as follows:
3c. Add the amount by which expenses paid or incurred
4in connection with the adoption of a child by the taxpayer
5exceed three percent of the net income of the taxpayer, or of
6the taxpayer and spouse in the case of a joint return. The
7expenses may include medical and hospital expenses of the
8biological mother which are incident to the child’s birth and
9are paid by the taxpayer, welfare agency fees, legal fees, and
10all other fees and costs relating to the adoption of a child if
11the child is placed by a child-placing agency licensed under
12chapter 238 or by a person making an independent placement
13 an adoption service provider according to the provisions of
14chapter 600. If the taxpayer claims an adoption tax credit
15under section 422.12A, the taxpayer shall recompute for
16purposes of this subsection the amount of the deduction by
17excluding the amount of qualified adoption expenses, as defined
18in section 422.12A, used in computing the adoption tax credit.
19 Sec. 2. Section 422.12A, subsection 1, paragraph a, Code
202017, is amended to read as follows:
21a. “Adoption” means the permanent placement in this state
22of a child by the department of human services, by a licensed
23agency under chapter 238 an adoption service provider as
24defined in section 600A.2, or, by an agency that meets the
25provisions of the interstate compact in section 232.158, or
26by a person making an independent placement according to the
27provisions of chapter 600.
28 Sec. 3. Section 600.2, subsection 1, Code 2017, is amended
29to read as follows:
301. “Child”, “parent”, “parent-child relationship”,
31“termination of parental rights”, “biological parent”,
32“stepparent”, “guardian”, “custodian”, “guardian ad litem”,
33“minor”, “adoption service provider”, “certified adoption
34investigator”, “adult”, “agency”, “department”, “court”, and
35 “juvenile court”, “independent placement” mean the same as
-1-1defined in section 600A.2.
2 Sec. 4. Section 600.8, subsection 1, paragraph c,
3subparagraph (1), Code 2017, is amended to read as follows:
4(1) A background information investigation of the medical
5and social history of the biological parents of the minor
6person to be adopted and a report of the investigation shall be
7made by the agency, the person making an independent placement
8 adoption service provider, the department, or an a certified
9adoption investigator prior to the placement of the minor
10person to be adopted with any prospective adoption petitioner.
11 Sec. 5. Section 600.8, subsection 2, paragraph a,
12subparagraph (1), Code 2017, is amended to read as follows:
13(1) A preplacement investigation and report of the
14investigation shall be completed and the prospective adoption
15petitioner approved for a placement by the person making the
16investigation prior to any agency or independent adoption
17service provider or department placement of a minor person in
18the petitioner’s home in anticipation of an ensuing adoption.
19 Sec. 6. Section 600.8, subsections 3, 4, 8, and 10, Code
202017, are amended to read as follows:
213. The department, an agency, or an a certified adoption
22 investigator shall conduct all investigations and reports
23required under subsection 2 of this section.
244. A postplacement investigation and the report of the
25investigation shall be completed and filed with the juvenile
26court or court prior to the holding of the adoption hearing
27prescribed in section 600.12. Upon the filing of an adoption
28petition pursuant to section 600.5, the juvenile court or
29court shall immediately appoint the department, an agency, or
30an a certified adoption investigator to conduct and complete
31the postplacement report. Any person who has gained relevant
32background information concerning a minor person subject to an
33adoption petition shall, upon request, fully cooperate with the
34conducting of the postplacement investigation by disclosing any
35relevant information requested, whether contained in sealed
-2-1records or not.
28. Any person designated to make an investigation and report
3under this section may request an agency, certified adoption
4investigator, or state agency, within or outside this state,
5to conduct a portion of the investigation or the report, as
6may be appropriate, and to file a supplemental report of such
7investigation or report with the juvenile court or court.
8In the case of the adoption of a minor person by a person
9domiciled or residing in any other jurisdiction of the United
10States, any investigation or report required under this section
11which has been conducted pursuant to the standards of that
12other jurisdiction shall be recognized in this state.
1310. The department, or an agency, or a certified adoption
14 investigator may conduct any investigations required for
15an interstate or interagency placement. Any interstate
16investigations or placements shall follow the procedures and
17regulations under the interstate compact on the placement of
18children. Such investigations and placements shall be in
19compliance with the laws of the states involved.
20 Sec. 7. Section 600.9, Code 2017, is amended to read as
21follows:
22600.9 Report of expenditures — penalty.
231. a. A biological parent shall not receive any thing of
24value as a result of the biological parent’s child or former
25child being placed with and adopted by another person, unless
26that thing of value is an allowable expense under subsection 2.
27b. Any person assisting in any way with the placement or
28adoption of a minor person shall not charge a fee which is
29more than usual, necessary, and commensurate with the services
30rendered.
31c. If the biological parent receives any prohibited thing
32of value, if a person gives a prohibited thing of value, or if
33a person charges a prohibited fee under this subsection, the
34person is guilty of a simple serious misdemeanor.
352. a. An adoption petitioner of a minor person shall
-3-1file with the juvenile court or court, prior to the adoption
2hearing, a full accounting of all disbursements of any
3thing of value paid or agreed to be paid by or on behalf of
4the petitioner in connection with the petitioned adoption.
5This accounting shall be made by a report prescribed by the
6juvenile court or court and shall be signed and verified by the
7petitioner. The report shall be accompanied by documentation
8of all disbursements made prior to the date of filing of
9the report. Only expenses incurred in connection with the
10following and any other expenses approved by the juvenile court
11or court are allowable:
12(1) The birth of the minor person to be adopted.
13(2) Placement of the minor person with by the adoption
14petitioner and legal service provider.
15(3) Legalexpenses related to the termination of parental
16rights and adoption processes.
17(3) (4) Pregnancy-related medical care received by the
18biological parents or the minor person during the pregnancy
19or delivery of the minor person and for medically necessary
20postpartum care for the biological parent and the minor person.
21(4) (5) Living Ordinary and necessary living expenses of
22the mother, permitted in an amount not to exceed including but
23not limited to the cost of room and board or rent and costs
24of housing, food, utilities, and transportation, for medical
25purposes only, on a common carrier of persons or an ambulance
26 related to the pregnancy and birth of the child, in an amount
27not to exceed two thousand dollars and for no longer than
28thirty days after the birth of the minor person.
29(5) (6) Costs of the counseling provided to the biological
30parents prior to the birth of the child, prior to the release
31of custody, and any counseling provided to the biological
32parents for not more than sixty days after the birth of the
33child.
34(6) (7) Living expenses or care of the minor person if the
35minor person is placed in foster care during the pendency of
-4-1the termination of parental rights proceedings.
2b. All payments for allowable expenses shall be made through
3the adoption service provider. An adoption service provider
4shall deposit all funds received from prospective adoptive
5parents as payments for allowable expenses for a designated
6biological parent into an escrow account established with a
7financial institution located in this state whose accounts
8are insured by the federal deposit insurance corporation, the
9national credit union administration, or the federal savings
10and loan insurance corporation. Such escrow funds shall not
11be commingled with other revenues or expense accounts of the
12adoption service provider and separate accounting shall be
13maintained for each prospective adoptive parent whose funds
14are deposited in the escrow account. Any escrow funds not
15disbursed by the adoption service provider for the benefit
16of the designated biological parent shall be returned to the
17prospective adoptive parents with a full accounting of all
18deposits and disbursements. If the adoption service provider
19is a licensed attorney, use of the attorney’s state-sanctioned
20trust account shall satisfy the requirements relative to the
21escrow account under this paragraph.
22b. c. All Any payments for allowable expenses shall be made
23to the provider, if applicable, and not directly be made to the
24 a biological parents parent, but instead shall be made directly
25to the provider of the service, product, or other activity to
26which the allowable expense is attributable, if applicable.
27d. The provisions of this subsection do not apply in a
28stepparent adoption.
293. The juvenile court or court shall review the report prior
30to the adoption hearing and shall include findings regarding
31the allowance or disallowance of any disbursements or projected
32disbursements in the adoption decree.
33 Sec. 8. NEW SECTION. 600.9A Prohibited practices —
34penalties.
351. All of the following are prohibited practices regarding a
-5-1proceeding under this chapter:
2a. The provision of termination of parental rights, child
3placement, or adoption services to any biological or adoptive
4parent by any person other than an adoption service provider
5or the department.
6b. The charging of a fee by an adoption service provider
7that is more than the usual and necessary fee commensurate with
8the services rendered.
9c. The facilitation, encouragement, or advisement of
10adoptive parents by an adoption service provider to provide any
11thing of value beyond those expenditures allowed pursuant to
12section 600.9.
13d. The knowing encouragement or solicitation of payment of
14allowable expenses or provision of anything of value beyond
15those expenditures allowed pursuant to section 600.9, by a
16person falsely representing that a child may be available for
17adoption with the intent to defraud the other person.
182. A person who commits a prohibited practice under this
19section is guilty of a serious misdemeanor for the first
20violation and a class “C” felony for any second or subsequent
21violation.
22 Sec. 9. Section 600.13, subsection 5, Code 2017, is amended
23to read as follows:
245. An interlocutory or a final adoption decree shall be
25entered with the clerk of court. Such decree shall set forth
26any facts of the adoption petition which have been proven to
27the satisfaction of the juvenile court or court and any other
28facts considered to be relevant by the juvenile court or court
29and shall grant the adoption petition. If so designated in
30the adoption decree, the name of the adopted person shall be
31changed by issuance of that decree. The clerk of the court
32shall, within thirty days of issuance, deliver one certified
33copy of any adoption decree to the petitioner, one copy of any
34adoption decree to the department and any agency or person
35making an independent placement adoption service provider who
-6-1placed a minor person for adoption, and one certification
2of adoption as prescribed in section 144.19 to the state
3registrar of vital statistics at no charge. Upon receipt of
4the certification, the state registrar shall prepare a new
5birth certificate pursuant to section 144.23 and deliver to
6the parents named in the decree and any adult person adopted
7by the decree a copy of the new birth certificate. The parents
8shall pay the fee prescribed in section 144.46. If the person
9adopted was born outside this state but in the United States,
10the state registrar shall forward the certification of adoption
11to the appropriate agency in the state of birth. A copy of any
12interlocutory adoption decree vacation shall be delivered and
13another birth certificate shall be prepared in the same manner
14as a certification of adoption is delivered and the birth
15certificate was originally prepared.
16 Sec. 10. Section 600.16, subsection 1, unnumbered paragraph
171, Code 2017, is amended to read as follows:
18Any information compiled under section 600.8, subsection 1,
19paragraph “c”, relating to medical and developmental histories
20shall be made available at any time by the clerk of court, the
21department, or any agency which adoption service provider that
22 made the placement to:
23 Sec. 11. Section 600.16A, subsection 2, paragraph a, Code
242017, is amended to read as follows:
25a. An agency The department or an adoption service provider
26 involved in placement shall contact the adopting parents or the
27adult adopted child regarding eligibility of the adopted child
28for benefits based on entitlement of benefits or inheritance
29from the terminated biological parents.
30 Sec. 12. Section 600.16A, subsection 3, paragraph a,
31unnumbered paragraph 1, Code 2017, is amended to read as
32follows:
33In addition to other procedures by which adoption records
34may be opened under this section, if both of the following
35conditions are met, the department, the clerk of court, or the
-7-1agency which adoption service provider that made the placement
2shall open the adoption record for inspection and shall reveal
3the identity of the biological parents to the adult adopted
4child or the identity of the adult adopted child to the
5biological parents:
6 Sec. 13. Section 600.16A, subsection 3, paragraph c, Code
72017, is amended to read as follows:
8c. Notwithstanding the provisions of this subsection, if
9the adult adopted person has a sibling who is a minor and who
10has also been adopted by the same parents, the department, the
11clerk of court, or the agency which adoption service provider
12that made the placement may deny the request of either the
13adult adopted person or the biological parent to open the
14adoption records and to reveal the identities of the parties
15pending determination by the juvenile court or court that there
16is good cause to open the records pursuant to subsection 2.
17 Sec. 14. Section 600.20, Code 2017, is amended to read as
18follows:
19600.20 Availability of assistance.
20Financial assistance shall be available only if the child
21to be adopted was under the guardianship of the state, county,
22or a licensed child-placing an agency immediately prior to
23adoption. The one-hundred-eighty-day period of residence in
24the proposed home required in section 600.10 shall not apply to
25this section.
26 Sec. 15. Section 600A.2, Code 2017, is amended by adding the
27following new subsections:
28 NEW SUBSECTION. 01. “Adoption service provider” means an
29agency or a licensed attorney.
30 NEW SUBSECTION. 3A. “Certified adoption investigator”
31means a person who is certified and approved by the department
32of human services, after inspection by the department of
33inspections and appeals, as being capable of conducting an
34investigation under section 600.8.
35 Sec. 16. Section 600A.2, subsection 2, Code 2017, is amended
-8-1to read as follows:
22. “Agency” means a child-placing agency as defined in
3section 238.1 or the department.
4 Sec. 17. Section 600A.2, subsection 10, Code 2017, is
5amended by striking the subsection.
6 Sec. 18. Section 600A.4, subsection 1, Code 2017, is amended
7to read as follows:
81. A parent shall not permanently alter the parent-child
9relationship, except as ordered by a juvenile court or
10court. However, custody of a minor child may be assumed by a
11stepparent or a relative of that child within the fourth degree
12of consanguinity or transferred by an acceptance of a release
13of custody. A person who assumes custody or an agency adoption
14service provider which accepts a release of custody under this
15section becomes, upon assumption or acceptance, the custodian
16of the minor child.
17 Sec. 19. Section 600A.4, subsection 2, paragraphs a and d,
18Code 2017, are amended to read as follows:
19a. Shall be accepted only by an agency or a person making an
20independent placement adoption service provider.
21d. (1) Shall contain written acknowledgment of the
22biological parents that after the birth of the child three
23hours of counseling regarding the decision to release
24custody and the alternatives available have been offered
25to the biological parents by the agency, the person making
26an independent placement, an investigator as defined in
27section 600.2, or other qualified counselor regarding the
28decision to release custody and the alternatives available
29to the biological parents department or an adoption service
30provider. The release of custody shall also contain written
31acknowledgment of the acceptance or refusal of the counseling
32by the biological parent.
33(2) If accepted, the counseling shall be provided after
34the birth of the child and prior to the signing of a release
35of custody or the filing of a petition for termination of
-9-1parental rights as applicable. Counseling shall be provided
2only by a person who is qualified under rules adopted by the
3department of human services which shall include a requirement
4that the person complete a minimum number of hours of training
5in the area of adoption-related counseling approved by the
6department. If counseling is accepted, the counselor shall
7provide an affidavit, which shall be attached to the release of
8custody, when practicable, certifying that the counselor has
9provided the biological parent with the requested counseling
10and documentation that the person is qualified to provide the
11requested counseling as prescribed by this paragraph “d”. The
12requirements of this paragraph “d” do not apply to a release
13of custody which is executed for the purposes of a stepparent
14adoption.
15 Sec. 20. Section 600A.4, subsection 2, paragraph f,
16subparagraphs (1) and (4), Code 2017, are amended to read as
17follows:
18(1) A biological parent may also provide ongoing
19information to the adoptive parents, as additional medical
20or social history information becomes known, by providing
21information to the clerk of court, the department of human
22services, or the agency which adoption service provider that
23 made the placement, and may provide the current address of
24the biological parent. The clerk of court, the department of
25human services, or the agency which adoption service provider
26that made the placement shall transmit the information to the
27adoptive parents if the address of the adoptive parents is
28known.
29(4) The department shall prescribe forms designed to obtain
30the family medical and social history and shall provide the
31forms at no charge to any agency adoption service provider or
32person who executes a release of custody of the minor child or
33who files a petition for termination of parental rights. The
34existence of this report does not limit a person’s ability to
35petition the court for release of records in accordance with
-10-1other provisions of law.
2 Sec. 21. Section 600A.4, subsection 3, Code 2017, is amended
3to read as follows:
43. Notwithstanding the provisions of subsection 2, the
5department or an agency or a person making an independent
6placement adoption service provider may assume custody of a
7minor child upon the signature of the one living parent who has
8possession of the minor child if the agency or a person making
9an independent placement department or an adoption service
10provider immediately petitions the juvenile court designated
11in section 600A.5 to be appointed custodian and otherwise
12petitions, either in the same petition or within a reasonable
13time in a separate petition, for termination of parental rights
14under section 600A.5. Upon the custody petition, the juvenile
15court may appoint a guardian as well as a custodian.
16 Sec. 22. NEW SECTION. 600A.6C Report of expenditures —
17penalty.
181. a. A biological parent shall not receive any thing of
19value as a result of the biological parent terminating the
20parent’s parental rights, unless that thing of value is an
21allowable expense under subsection 2.
22b. Any person assisting in any way with the termination
23of parental rights shall not charge a fee which is more than
24usual, necessary, and commensurate with the services rendered.
25c. If the biological parent receives any prohibited thing
26of value, if a person gives a prohibited thing of value, or if
27a person charges a prohibited fee under this subsection, the
28person is guilty of a serious misdemeanor.
292. a. The petitioner shall file with the juvenile court
30or court, prior to the termination hearing, a full accounting
31of all disbursements of any thing of value paid or agreed
32to be paid by or on behalf of the petitioner or intended
33adoptive parent in connection with the petitioned termination.
34This accounting shall be made by a report prescribed by the
35juvenile court or court and shall be signed and verified by the
-11-1petitioner. The report shall be accompanied by documentation
2of all disbursements made prior to the date of filing of
3the report. Only expenses incurred in connection with the
4following and any other expenses approved by the juvenile court
5or court are allowable:
6(1) The birth of the minor person to be adopted.
7(2) Placement of the minor person by the adoption service
8provider.
9(3) Legal expenses related to the termination of parental
10rights and adoption processes.
11(4) Pregnancy-related medical care received by the
12biological parents or the minor person during the pregnancy
13or delivery of the minor person and for medically necessary
14postpartum care for the biological parent and the minor person.
15(5) Ordinary and necessary living expenses of the mother
16including but not limited to the costs of housing, food,
17utilities, and transportation for medical purposes related
18to the pregnancy and birth of the child, in an amount not to
19exceed two thousand dollars and for no longer than thirty days
20after the birth of the minor person.
21(6) Costs of the counseling provided to the biological
22parents prior to the birth of the child, prior to the release
23of custody, and any counseling provided to the biological
24parents for not more than sixty days after the birth of the
25child.
26(7) Living expenses or care of the minor person during the
27pendency of the termination of parental rights proceedings.
28b. All payments for allowable expenses shall be made through
29the adoption service provider. An adoption service provider
30shall deposit all funds received from prospective adoptive
31parents as payments for allowable expenses for a designated
32biological parent into an escrow account established with a
33financial institution located in this state whose accounts
34are insured by the federal deposit insurance corporation, the
35national credit union administration, or the federal savings
-12-1and loan insurance corporation. Such escrow funds shall not
2be commingled with other revenues or expense accounts of the
3adoption service provider and separate accounting shall be
4maintained for each prospective adoptive parent whose funds
5are deposited in the escrow account. Any escrow funds not
6disbursed by the adoption service provider for the benefit
7of the designated biological parent shall be returned to the
8prospective adoptive parents with a full accounting of all
9deposits and disbursements. If the adoption service provider
10is a licensed attorney, use of the attorney’s state-sanctioned
11trust account shall satisfy the requirements relative to the
12escrow account under this paragraph.
13c. Any payments for allowable expenses shall not be made to
14a biological parent, but instead shall be made directly to the
15provider of the service, product, or other activity to which
16the allowable expense is attributable, if applicable.
17d. The provisions of this subsection do not apply in a
18stepparent adoption.
193. The juvenile court or court shall review the report prior
20to the termination hearing and shall include findings regarding
21the allowance or disallowance of any disbursements or projected
22disbursements in the termination order.
23 Sec. 23. Section 600A.10, Code 2017, is amended to read as
24follows:
25600A.10 Termination procedures — prohibited practices —
26 penalty for violation.
271. Any biological parent who chooses to identify the
28other biological parent and who knowingly and intentionally
29identifies a person who is not the other biological parent in
30the written release of custody or in any other document related
31to the termination of parental rights proceedings is guilty of
32a simple serious misdemeanor.
332. Any person who signs or accepts a release of custody
34under section 600A.4 prior to the expiration of the
35seventy-two-hour period required is guilty of a serious
-13-1misdemeanor.
23. a. All of the following are prohibited practices
3regarding a proceeding under this chapter:
4(1) The provision of termination of parental rights, child
5placement, or adoption services to any biological or adoptive
6parent by any person other than an adoption service provider
7or the department.
8(2) The charging of a fee by an adoption service provider
9that is more than the usual and necessary fee commensurate with
10the services rendered.
11(3) The facilitation, encouragement, or advisement of
12adoptive parents by an adoption service provider to provide any
13thing of value beyond those expenditures allowed pursuant to
14section 600A.6C.
15(4) The knowing encouragement or solicitation of payment
16of allowable expenses or provision of anything of value beyond
17those expenditures allowed pursuant to section 600A.6C, by a
18person falsely representing that a child may be available for
19adoption with the intent to defraud the other person.
20b. A person who commits a prohibited practice under this
21subsection is guilty of a serious misdemeanor for the first
22violation and a class “C” felony for any second or subsequent
23violation.
24 Sec. 24. Section 714.8, Code 2017, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 21. Knowingly, by deception and with intent
27to defraud another person, represents that the child expected
28as the result of that person’s pregnancy or the pregnancy of
29another person may be available for adoption.
30 Sec. 25. Section 714.11, subsection 1, paragraph b, Code
312017, is amended to read as follows:
32b. A fraudulent practice as set forth in section 714.8,
33subsections 2, 8, and 9, and 21.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-14-1the explanation’s substance by the members of the general assembly.
2This bill relates to adoption and termination of parental
3rights. The bill defines “adoption service provider” to
4include a licensed child-placing agency or a licensed attorney.
5The bill eliminates the definition of and the use of the term
6“independent placement” relative to termination of parental
7rights and adoption proceedings, thereby only allowing adoption
8service providers and the department of human services (DHS) to
9make placements of minor children for the purposes of adoption.
10The bill also defines “certified adoption investigator”, for
11the purposes of termination of parental rights and adoption
12proceedings, replacing the term “investigator” which did not
13require certification or approval of such investigators by
14the department of human services. The bill makes conforming
15changes throughout the Code to reflect the new definitions,
16including relative to allowable tax deductions from net income.
17The bill clarifies that the one certified copy of the
18adoption decree to the petitioner, and the one copy of any
19adoption decree to DHS, an adoption service provider, and the
20state registrar of vital statistics, currently required to be
21provided by the clerk of the court, are to be provided at no
22charge.
23The bill requires reporting of expenditures and limitations
24on payment of only allowable expenditures relating to
25termination of parental rights similar to those requirements
26currently in place for adoption. As with adoptions, the bill
27prohibits a biological parent from receiving any thing of value
28as a result of the biological parent terminating the parent’s
29parental rights, unless that thing of value is an allowable
30expense as provided in the bill. Any person assisting in any
31way with the termination of parental rights is prohibited
32from charging a fee which is more than usual, necessary, and
33commensurate with the services rendered. If the biological
34parent receives any prohibited thing of value, if a person
35gives a prohibited thing of value, or if a person charges a
-15-1prohibited fee, the person is guilty of a serious misdemeanor.
2As with an adoption petitioner, the bill also requires a
3termination of parental rights petitioner to file with the
4juvenile court or court, prior to the termination hearing, a
5full accounting of all disbursements of any thing of value
6paid or agreed to be paid by or on behalf of the petitioner
7or intended adoptive parent in connection with the petitioned
8termination. The accounting is to be made by a report
9prescribed by the juvenile court or court and signed and
10verified by the petitioner. The report is required to be
11accompanied by documentation of all disbursements made prior to
12the date of filing of the report. The bill specifies allowable
13expenses similar to those allowed relative to an adoption
14proceeding.
15Additionally, the bill provides that all payments for
16allowable expenses shall be made through the adoption
17service provider and that the adoption service provider shall
18deposit all funds received into an escrow account. The bill
19specifies that such escrow funds shall not be commingled with
20other revenues or expense accounts of the adoption service
21provider and separate accounting shall be maintained for each
22prospective adoptive parent whose funds are deposited in the
23escrow account. Any escrow funds not disbursed by the adoption
24service provider for the benefit of the designated biological
25parent shall be returned to the prospective adoptive parents
26with a full accounting of all deposits and disbursements.
27The bill provides that if the adoption service provider is a
28licensed attorney, use of the attorney’s state-sanctioned trust
29account shall satisfy the requirement relative to the escrow
30account.
31As with similar provisions relating to payment of allowable
32expenses under an adoption proceeding, any payments for
33allowable expenses relative to a termination of parental rights
34proceeding shall not be made to a biological parent, but
35instead shall be made directly to the provider of the service,
-16-1product, or other activity to which the allowable expense
2is attributable, if applicable. The provisions relating
3to allowable expenditures and reporting do not apply in a
4stepparent adoption.
5The bill directs that, as in an adoption proceeding, the
6juvenile court or court shall review the expenditure report
7prior to the termination hearing and shall include findings
8regarding the allowance or disallowance of any disbursements or
9projected disbursements in the termination order.
10The bill also includes provisions relating to prohibited
11practices relating to termination procedures. The bill amends
12and increases the penalty from a simple misdemeanor to a
13serious misdemeanor for the existing prohibition against a
14person who signs or accepts a release of custody prior to the
15expiration of the required 72-hour period. The bill includes
16prohibited practices, the violation of which is a serious
17misdemeanor for a first offense and a class “C” felony for any
18second or subsequent violation. The bill also includes similar
19prohibited practices relative to an adoption proceeding.
20A simple misdemeanor is punishable by confinement for
21no more than 30 days or a fine of at least $65 but not more
22than $625 or by both. A serious misdemeanor is punishable
23by confinement for no more than one year and a fine of at
24least $315 but not more than $1,875. A class “C” felony is
25punishable by confinement for no more than 10 years and a fine
26of at least $1,000 but not more than $10,000.
27The bill also includes in the definition of a fraudulent
28practice under Code section 714.8, a person, knowingly, by
29deception and with intent to defraud another person, represents
30that the child expected as the result of that person’s
31pregnancy or the pregnancy of another person may be available
32for adoption. The bill also makes this fraudulent practice a
33fraudulent practice in the third degree, which is an aggravated
34misdemeanor. An aggravated misdemeanor is punishable by
35confinement for no more than two years and a fine of at least
-17-1$625 but not more than $6,250.
-18-pf/nh
2proceedings, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 422.9, subsection 2, paragraph c, Code
22017, is amended to read as follows:
3c. Add the amount by which expenses paid or incurred
4in connection with the adoption of a child by the taxpayer
5exceed three percent of the net income of the taxpayer, or of
6the taxpayer and spouse in the case of a joint return. The
7expenses may include medical and hospital expenses of the
8biological mother which are incident to the child’s birth and
9are paid by the taxpayer, welfare agency fees, legal fees, and
10all other fees and costs relating to the adoption of a child if
11the child is placed by a child-placing agency licensed under
12chapter 238 or by a person making an independent placement
13 an adoption service provider according to the provisions of
14chapter 600. If the taxpayer claims an adoption tax credit
15under section 422.12A, the taxpayer shall recompute for
16purposes of this subsection the amount of the deduction by
17excluding the amount of qualified adoption expenses, as defined
18in section 422.12A, used in computing the adoption tax credit.
19 Sec. 2. Section 422.12A, subsection 1, paragraph a, Code
202017, is amended to read as follows:
21a. “Adoption” means the permanent placement in this state
22of a child by the department of human services, by a licensed
23agency under chapter 238 an adoption service provider as
24defined in section 600A.2, or, by an agency that meets the
25provisions of the interstate compact in section 232.158, or
26by a person making an independent placement according to the
27provisions of chapter 600.
28 Sec. 3. Section 600.2, subsection 1, Code 2017, is amended
29to read as follows:
301. “Child”, “parent”, “parent-child relationship”,
31“termination of parental rights”, “biological parent”,
32“stepparent”, “guardian”, “custodian”, “guardian ad litem”,
33“minor”, “adoption service provider”, “certified adoption
34investigator”, “adult”, “agency”, “department”, “court”, and
35 “juvenile court”, “independent placement” mean the same as
-1-1defined in section 600A.2.
2 Sec. 4. Section 600.8, subsection 1, paragraph c,
3subparagraph (1), Code 2017, is amended to read as follows:
4(1) A background information investigation of the medical
5and social history of the biological parents of the minor
6person to be adopted and a report of the investigation shall be
7made by the agency, the person making an independent placement
8 adoption service provider, the department, or an a certified
9adoption investigator prior to the placement of the minor
10person to be adopted with any prospective adoption petitioner.
11 Sec. 5. Section 600.8, subsection 2, paragraph a,
12subparagraph (1), Code 2017, is amended to read as follows:
13(1) A preplacement investigation and report of the
14investigation shall be completed and the prospective adoption
15petitioner approved for a placement by the person making the
16investigation prior to any agency or independent adoption
17service provider or department placement of a minor person in
18the petitioner’s home in anticipation of an ensuing adoption.
19 Sec. 6. Section 600.8, subsections 3, 4, 8, and 10, Code
202017, are amended to read as follows:
213. The department, an agency, or an a certified adoption
22 investigator shall conduct all investigations and reports
23required under subsection 2 of this section.
244. A postplacement investigation and the report of the
25investigation shall be completed and filed with the juvenile
26court or court prior to the holding of the adoption hearing
27prescribed in section 600.12. Upon the filing of an adoption
28petition pursuant to section 600.5, the juvenile court or
29court shall immediately appoint the department, an agency, or
30an a certified adoption investigator to conduct and complete
31the postplacement report. Any person who has gained relevant
32background information concerning a minor person subject to an
33adoption petition shall, upon request, fully cooperate with the
34conducting of the postplacement investigation by disclosing any
35relevant information requested, whether contained in sealed
-2-1records or not.
28. Any person designated to make an investigation and report
3under this section may request an agency, certified adoption
4investigator, or state agency, within or outside this state,
5to conduct a portion of the investigation or the report, as
6may be appropriate, and to file a supplemental report of such
7investigation or report with the juvenile court or court.
8In the case of the adoption of a minor person by a person
9domiciled or residing in any other jurisdiction of the United
10States, any investigation or report required under this section
11which has been conducted pursuant to the standards of that
12other jurisdiction shall be recognized in this state.
1310. The department, or an agency, or a certified adoption
14 investigator may conduct any investigations required for
15an interstate or interagency placement. Any interstate
16investigations or placements shall follow the procedures and
17regulations under the interstate compact on the placement of
18children. Such investigations and placements shall be in
19compliance with the laws of the states involved.
20 Sec. 7. Section 600.9, Code 2017, is amended to read as
21follows:
22600.9 Report of expenditures — penalty.
231. a. A biological parent shall not receive any thing of
24value as a result of the biological parent’s child or former
25child being placed with and adopted by another person, unless
26that thing of value is an allowable expense under subsection 2.
27b. Any person assisting in any way with the placement or
28adoption of a minor person shall not charge a fee which is
29more than usual, necessary, and commensurate with the services
30rendered.
31c. If the biological parent receives any prohibited thing
32of value, if a person gives a prohibited thing of value, or if
33a person charges a prohibited fee under this subsection, the
34person is guilty of a simple serious misdemeanor.
352. a. An adoption petitioner of a minor person shall
-3-1file with the juvenile court or court, prior to the adoption
2hearing, a full accounting of all disbursements of any
3thing of value paid or agreed to be paid by or on behalf of
4the petitioner in connection with the petitioned adoption.
5This accounting shall be made by a report prescribed by the
6juvenile court or court and shall be signed and verified by the
7petitioner. The report shall be accompanied by documentation
8of all disbursements made prior to the date of filing of
9the report. Only expenses incurred in connection with the
10following and any other expenses approved by the juvenile court
11or court are allowable:
12(1) The birth of the minor person to be adopted.
13(2) Placement of the minor person with by the adoption
14petitioner and legal service provider.
15(3) Legalexpenses related to the termination of parental
16rights and adoption processes.
17(3) (4) Pregnancy-related medical care received by the
18biological parents or the minor person during the pregnancy
19or delivery of the minor person and for medically necessary
20postpartum care for the biological parent and the minor person.
21(4) (5) Living Ordinary and necessary living expenses of
22the mother, permitted in an amount not to exceed including but
23not limited to the cost of room and board or rent and costs
24of housing, food, utilities, and transportation, for medical
25purposes only, on a common carrier of persons or an ambulance
26 related to the pregnancy and birth of the child, in an amount
27not to exceed two thousand dollars and for no longer than
28thirty days after the birth of the minor person.
29(5) (6) Costs of the counseling provided to the biological
30parents prior to the birth of the child, prior to the release
31of custody, and any counseling provided to the biological
32parents for not more than sixty days after the birth of the
33child.
34(6) (7) Living expenses or care of the minor person if the
35minor person is placed in foster care during the pendency of
-4-1the termination of parental rights proceedings.
2b. All payments for allowable expenses shall be made through
3the adoption service provider. An adoption service provider
4shall deposit all funds received from prospective adoptive
5parents as payments for allowable expenses for a designated
6biological parent into an escrow account established with a
7financial institution located in this state whose accounts
8are insured by the federal deposit insurance corporation, the
9national credit union administration, or the federal savings
10and loan insurance corporation. Such escrow funds shall not
11be commingled with other revenues or expense accounts of the
12adoption service provider and separate accounting shall be
13maintained for each prospective adoptive parent whose funds
14are deposited in the escrow account. Any escrow funds not
15disbursed by the adoption service provider for the benefit
16of the designated biological parent shall be returned to the
17prospective adoptive parents with a full accounting of all
18deposits and disbursements. If the adoption service provider
19is a licensed attorney, use of the attorney’s state-sanctioned
20trust account shall satisfy the requirements relative to the
21escrow account under this paragraph.
22b. c. All Any payments for allowable expenses shall be made
23to the provider, if applicable, and not directly be made to the
24 a biological parents parent, but instead shall be made directly
25to the provider of the service, product, or other activity to
26which the allowable expense is attributable, if applicable.
27d. The provisions of this subsection do not apply in a
28stepparent adoption.
293. The juvenile court or court shall review the report prior
30to the adoption hearing and shall include findings regarding
31the allowance or disallowance of any disbursements or projected
32disbursements in the adoption decree.
33 Sec. 8. NEW SECTION. 600.9A Prohibited practices —
34penalties.
351. All of the following are prohibited practices regarding a
-5-1proceeding under this chapter:
2a. The provision of termination of parental rights, child
3placement, or adoption services to any biological or adoptive
4parent by any person other than an adoption service provider
5or the department.
6b. The charging of a fee by an adoption service provider
7that is more than the usual and necessary fee commensurate with
8the services rendered.
9c. The facilitation, encouragement, or advisement of
10adoptive parents by an adoption service provider to provide any
11thing of value beyond those expenditures allowed pursuant to
12section 600.9.
13d. The knowing encouragement or solicitation of payment of
14allowable expenses or provision of anything of value beyond
15those expenditures allowed pursuant to section 600.9, by a
16person falsely representing that a child may be available for
17adoption with the intent to defraud the other person.
182. A person who commits a prohibited practice under this
19section is guilty of a serious misdemeanor for the first
20violation and a class “C” felony for any second or subsequent
21violation.
22 Sec. 9. Section 600.13, subsection 5, Code 2017, is amended
23to read as follows:
245. An interlocutory or a final adoption decree shall be
25entered with the clerk of court. Such decree shall set forth
26any facts of the adoption petition which have been proven to
27the satisfaction of the juvenile court or court and any other
28facts considered to be relevant by the juvenile court or court
29and shall grant the adoption petition. If so designated in
30the adoption decree, the name of the adopted person shall be
31changed by issuance of that decree. The clerk of the court
32shall, within thirty days of issuance, deliver one certified
33copy of any adoption decree to the petitioner, one copy of any
34adoption decree to the department and any agency or person
35making an independent placement adoption service provider who
-6-1placed a minor person for adoption, and one certification
2of adoption as prescribed in section 144.19 to the state
3registrar of vital statistics at no charge. Upon receipt of
4the certification, the state registrar shall prepare a new
5birth certificate pursuant to section 144.23 and deliver to
6the parents named in the decree and any adult person adopted
7by the decree a copy of the new birth certificate. The parents
8shall pay the fee prescribed in section 144.46. If the person
9adopted was born outside this state but in the United States,
10the state registrar shall forward the certification of adoption
11to the appropriate agency in the state of birth. A copy of any
12interlocutory adoption decree vacation shall be delivered and
13another birth certificate shall be prepared in the same manner
14as a certification of adoption is delivered and the birth
15certificate was originally prepared.
16 Sec. 10. Section 600.16, subsection 1, unnumbered paragraph
171, Code 2017, is amended to read as follows:
18Any information compiled under section 600.8, subsection 1,
19paragraph “c”, relating to medical and developmental histories
20shall be made available at any time by the clerk of court, the
21department, or any agency which adoption service provider that
22 made the placement to:
23 Sec. 11. Section 600.16A, subsection 2, paragraph a, Code
242017, is amended to read as follows:
25a. An agency The department or an adoption service provider
26 involved in placement shall contact the adopting parents or the
27adult adopted child regarding eligibility of the adopted child
28for benefits based on entitlement of benefits or inheritance
29from the terminated biological parents.
30 Sec. 12. Section 600.16A, subsection 3, paragraph a,
31unnumbered paragraph 1, Code 2017, is amended to read as
32follows:
33In addition to other procedures by which adoption records
34may be opened under this section, if both of the following
35conditions are met, the department, the clerk of court, or the
-7-1agency which adoption service provider that made the placement
2shall open the adoption record for inspection and shall reveal
3the identity of the biological parents to the adult adopted
4child or the identity of the adult adopted child to the
5biological parents:
6 Sec. 13. Section 600.16A, subsection 3, paragraph c, Code
72017, is amended to read as follows:
8c. Notwithstanding the provisions of this subsection, if
9the adult adopted person has a sibling who is a minor and who
10has also been adopted by the same parents, the department, the
11clerk of court, or the agency which adoption service provider
12that made the placement may deny the request of either the
13adult adopted person or the biological parent to open the
14adoption records and to reveal the identities of the parties
15pending determination by the juvenile court or court that there
16is good cause to open the records pursuant to subsection 2.
17 Sec. 14. Section 600.20, Code 2017, is amended to read as
18follows:
19600.20 Availability of assistance.
20Financial assistance shall be available only if the child
21to be adopted was under the guardianship of the state, county,
22or a licensed child-placing an agency immediately prior to
23adoption. The one-hundred-eighty-day period of residence in
24the proposed home required in section 600.10 shall not apply to
25this section.
26 Sec. 15. Section 600A.2, Code 2017, is amended by adding the
27following new subsections:
28 NEW SUBSECTION. 01. “Adoption service provider” means an
29agency or a licensed attorney.
30 NEW SUBSECTION. 3A. “Certified adoption investigator”
31means a person who is certified and approved by the department
32of human services, after inspection by the department of
33inspections and appeals, as being capable of conducting an
34investigation under section 600.8.
35 Sec. 16. Section 600A.2, subsection 2, Code 2017, is amended
-8-1to read as follows:
22. “Agency” means a child-placing agency as defined in
3section 238.1 or the department.
4 Sec. 17. Section 600A.2, subsection 10, Code 2017, is
5amended by striking the subsection.
6 Sec. 18. Section 600A.4, subsection 1, Code 2017, is amended
7to read as follows:
81. A parent shall not permanently alter the parent-child
9relationship, except as ordered by a juvenile court or
10court. However, custody of a minor child may be assumed by a
11stepparent or a relative of that child within the fourth degree
12of consanguinity or transferred by an acceptance of a release
13of custody. A person who assumes custody or an agency adoption
14service provider which accepts a release of custody under this
15section becomes, upon assumption or acceptance, the custodian
16of the minor child.
17 Sec. 19. Section 600A.4, subsection 2, paragraphs a and d,
18Code 2017, are amended to read as follows:
19a. Shall be accepted only by an agency or a person making an
20independent placement adoption service provider.
21d. (1) Shall contain written acknowledgment of the
22biological parents that after the birth of the child three
23hours of counseling regarding the decision to release
24custody and the alternatives available have been offered
25to the biological parents by the agency, the person making
26an independent placement, an investigator as defined in
27section 600.2, or other qualified counselor regarding the
28decision to release custody and the alternatives available
29to the biological parents department or an adoption service
30provider. The release of custody shall also contain written
31acknowledgment of the acceptance or refusal of the counseling
32by the biological parent.
33(2) If accepted, the counseling shall be provided after
34the birth of the child and prior to the signing of a release
35of custody or the filing of a petition for termination of
-9-1parental rights as applicable. Counseling shall be provided
2only by a person who is qualified under rules adopted by the
3department of human services which shall include a requirement
4that the person complete a minimum number of hours of training
5in the area of adoption-related counseling approved by the
6department. If counseling is accepted, the counselor shall
7provide an affidavit, which shall be attached to the release of
8custody, when practicable, certifying that the counselor has
9provided the biological parent with the requested counseling
10and documentation that the person is qualified to provide the
11requested counseling as prescribed by this paragraph “d”. The
12requirements of this paragraph “d” do not apply to a release
13of custody which is executed for the purposes of a stepparent
14adoption.
15 Sec. 20. Section 600A.4, subsection 2, paragraph f,
16subparagraphs (1) and (4), Code 2017, are amended to read as
17follows:
18(1) A biological parent may also provide ongoing
19information to the adoptive parents, as additional medical
20or social history information becomes known, by providing
21information to the clerk of court, the department of human
22services, or the agency which adoption service provider that
23 made the placement, and may provide the current address of
24the biological parent. The clerk of court, the department of
25human services, or the agency which adoption service provider
26that made the placement shall transmit the information to the
27adoptive parents if the address of the adoptive parents is
28known.
29(4) The department shall prescribe forms designed to obtain
30the family medical and social history and shall provide the
31forms at no charge to any agency adoption service provider or
32person who executes a release of custody of the minor child or
33who files a petition for termination of parental rights. The
34existence of this report does not limit a person’s ability to
35petition the court for release of records in accordance with
-10-1other provisions of law.
2 Sec. 21. Section 600A.4, subsection 3, Code 2017, is amended
3to read as follows:
43. Notwithstanding the provisions of subsection 2, the
5department or an agency or a person making an independent
6placement adoption service provider may assume custody of a
7minor child upon the signature of the one living parent who has
8possession of the minor child if the agency or a person making
9an independent placement department or an adoption service
10provider immediately petitions the juvenile court designated
11in section 600A.5 to be appointed custodian and otherwise
12petitions, either in the same petition or within a reasonable
13time in a separate petition, for termination of parental rights
14under section 600A.5. Upon the custody petition, the juvenile
15court may appoint a guardian as well as a custodian.
16 Sec. 22. NEW SECTION. 600A.6C Report of expenditures —
17penalty.
181. a. A biological parent shall not receive any thing of
19value as a result of the biological parent terminating the
20parent’s parental rights, unless that thing of value is an
21allowable expense under subsection 2.
22b. Any person assisting in any way with the termination
23of parental rights shall not charge a fee which is more than
24usual, necessary, and commensurate with the services rendered.
25c. If the biological parent receives any prohibited thing
26of value, if a person gives a prohibited thing of value, or if
27a person charges a prohibited fee under this subsection, the
28person is guilty of a serious misdemeanor.
292. a. The petitioner shall file with the juvenile court
30or court, prior to the termination hearing, a full accounting
31of all disbursements of any thing of value paid or agreed
32to be paid by or on behalf of the petitioner or intended
33adoptive parent in connection with the petitioned termination.
34This accounting shall be made by a report prescribed by the
35juvenile court or court and shall be signed and verified by the
-11-1petitioner. The report shall be accompanied by documentation
2of all disbursements made prior to the date of filing of
3the report. Only expenses incurred in connection with the
4following and any other expenses approved by the juvenile court
5or court are allowable:
6(1) The birth of the minor person to be adopted.
7(2) Placement of the minor person by the adoption service
8provider.
9(3) Legal expenses related to the termination of parental
10rights and adoption processes.
11(4) Pregnancy-related medical care received by the
12biological parents or the minor person during the pregnancy
13or delivery of the minor person and for medically necessary
14postpartum care for the biological parent and the minor person.
15(5) Ordinary and necessary living expenses of the mother
16including but not limited to the costs of housing, food,
17utilities, and transportation for medical purposes related
18to the pregnancy and birth of the child, in an amount not to
19exceed two thousand dollars and for no longer than thirty days
20after the birth of the minor person.
21(6) Costs of the counseling provided to the biological
22parents prior to the birth of the child, prior to the release
23of custody, and any counseling provided to the biological
24parents for not more than sixty days after the birth of the
25child.
26(7) Living expenses or care of the minor person during the
27pendency of the termination of parental rights proceedings.
28b. All payments for allowable expenses shall be made through
29the adoption service provider. An adoption service provider
30shall deposit all funds received from prospective adoptive
31parents as payments for allowable expenses for a designated
32biological parent into an escrow account established with a
33financial institution located in this state whose accounts
34are insured by the federal deposit insurance corporation, the
35national credit union administration, or the federal savings
-12-1and loan insurance corporation. Such escrow funds shall not
2be commingled with other revenues or expense accounts of the
3adoption service provider and separate accounting shall be
4maintained for each prospective adoptive parent whose funds
5are deposited in the escrow account. Any escrow funds not
6disbursed by the adoption service provider for the benefit
7of the designated biological parent shall be returned to the
8prospective adoptive parents with a full accounting of all
9deposits and disbursements. If the adoption service provider
10is a licensed attorney, use of the attorney’s state-sanctioned
11trust account shall satisfy the requirements relative to the
12escrow account under this paragraph.
13c. Any payments for allowable expenses shall not be made to
14a biological parent, but instead shall be made directly to the
15provider of the service, product, or other activity to which
16the allowable expense is attributable, if applicable.
17d. The provisions of this subsection do not apply in a
18stepparent adoption.
193. The juvenile court or court shall review the report prior
20to the termination hearing and shall include findings regarding
21the allowance or disallowance of any disbursements or projected
22disbursements in the termination order.
23 Sec. 23. Section 600A.10, Code 2017, is amended to read as
24follows:
25600A.10 Termination procedures — prohibited practices —
26 penalty for violation.
271. Any biological parent who chooses to identify the
28other biological parent and who knowingly and intentionally
29identifies a person who is not the other biological parent in
30the written release of custody or in any other document related
31to the termination of parental rights proceedings is guilty of
32a simple serious misdemeanor.
332. Any person who signs or accepts a release of custody
34under section 600A.4 prior to the expiration of the
35seventy-two-hour period required is guilty of a serious
-13-1misdemeanor.
23. a. All of the following are prohibited practices
3regarding a proceeding under this chapter:
4(1) The provision of termination of parental rights, child
5placement, or adoption services to any biological or adoptive
6parent by any person other than an adoption service provider
7or the department.
8(2) The charging of a fee by an adoption service provider
9that is more than the usual and necessary fee commensurate with
10the services rendered.
11(3) The facilitation, encouragement, or advisement of
12adoptive parents by an adoption service provider to provide any
13thing of value beyond those expenditures allowed pursuant to
14section 600A.6C.
15(4) The knowing encouragement or solicitation of payment
16of allowable expenses or provision of anything of value beyond
17those expenditures allowed pursuant to section 600A.6C, by a
18person falsely representing that a child may be available for
19adoption with the intent to defraud the other person.
20b. A person who commits a prohibited practice under this
21subsection is guilty of a serious misdemeanor for the first
22violation and a class “C” felony for any second or subsequent
23violation.
24 Sec. 24. Section 714.8, Code 2017, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 21. Knowingly, by deception and with intent
27to defraud another person, represents that the child expected
28as the result of that person’s pregnancy or the pregnancy of
29another person may be available for adoption.
30 Sec. 25. Section 714.11, subsection 1, paragraph b, Code
312017, is amended to read as follows:
32b. A fraudulent practice as set forth in section 714.8,
33subsections 2, 8, and 9, and 21.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-14-1the explanation’s substance by the members of the general assembly.
2This bill relates to adoption and termination of parental
3rights. The bill defines “adoption service provider” to
4include a licensed child-placing agency or a licensed attorney.
5The bill eliminates the definition of and the use of the term
6“independent placement” relative to termination of parental
7rights and adoption proceedings, thereby only allowing adoption
8service providers and the department of human services (DHS) to
9make placements of minor children for the purposes of adoption.
10The bill also defines “certified adoption investigator”, for
11the purposes of termination of parental rights and adoption
12proceedings, replacing the term “investigator” which did not
13require certification or approval of such investigators by
14the department of human services. The bill makes conforming
15changes throughout the Code to reflect the new definitions,
16including relative to allowable tax deductions from net income.
17The bill clarifies that the one certified copy of the
18adoption decree to the petitioner, and the one copy of any
19adoption decree to DHS, an adoption service provider, and the
20state registrar of vital statistics, currently required to be
21provided by the clerk of the court, are to be provided at no
22charge.
23The bill requires reporting of expenditures and limitations
24on payment of only allowable expenditures relating to
25termination of parental rights similar to those requirements
26currently in place for adoption. As with adoptions, the bill
27prohibits a biological parent from receiving any thing of value
28as a result of the biological parent terminating the parent’s
29parental rights, unless that thing of value is an allowable
30expense as provided in the bill. Any person assisting in any
31way with the termination of parental rights is prohibited
32from charging a fee which is more than usual, necessary, and
33commensurate with the services rendered. If the biological
34parent receives any prohibited thing of value, if a person
35gives a prohibited thing of value, or if a person charges a
-15-1prohibited fee, the person is guilty of a serious misdemeanor.
2As with an adoption petitioner, the bill also requires a
3termination of parental rights petitioner to file with the
4juvenile court or court, prior to the termination hearing, a
5full accounting of all disbursements of any thing of value
6paid or agreed to be paid by or on behalf of the petitioner
7or intended adoptive parent in connection with the petitioned
8termination. The accounting is to be made by a report
9prescribed by the juvenile court or court and signed and
10verified by the petitioner. The report is required to be
11accompanied by documentation of all disbursements made prior to
12the date of filing of the report. The bill specifies allowable
13expenses similar to those allowed relative to an adoption
14proceeding.
15Additionally, the bill provides that all payments for
16allowable expenses shall be made through the adoption
17service provider and that the adoption service provider shall
18deposit all funds received into an escrow account. The bill
19specifies that such escrow funds shall not be commingled with
20other revenues or expense accounts of the adoption service
21provider and separate accounting shall be maintained for each
22prospective adoptive parent whose funds are deposited in the
23escrow account. Any escrow funds not disbursed by the adoption
24service provider for the benefit of the designated biological
25parent shall be returned to the prospective adoptive parents
26with a full accounting of all deposits and disbursements.
27The bill provides that if the adoption service provider is a
28licensed attorney, use of the attorney’s state-sanctioned trust
29account shall satisfy the requirement relative to the escrow
30account.
31As with similar provisions relating to payment of allowable
32expenses under an adoption proceeding, any payments for
33allowable expenses relative to a termination of parental rights
34proceeding shall not be made to a biological parent, but
35instead shall be made directly to the provider of the service,
-16-1product, or other activity to which the allowable expense
2is attributable, if applicable. The provisions relating
3to allowable expenditures and reporting do not apply in a
4stepparent adoption.
5The bill directs that, as in an adoption proceeding, the
6juvenile court or court shall review the expenditure report
7prior to the termination hearing and shall include findings
8regarding the allowance or disallowance of any disbursements or
9projected disbursements in the termination order.
10The bill also includes provisions relating to prohibited
11practices relating to termination procedures. The bill amends
12and increases the penalty from a simple misdemeanor to a
13serious misdemeanor for the existing prohibition against a
14person who signs or accepts a release of custody prior to the
15expiration of the required 72-hour period. The bill includes
16prohibited practices, the violation of which is a serious
17misdemeanor for a first offense and a class “C” felony for any
18second or subsequent violation. The bill also includes similar
19prohibited practices relative to an adoption proceeding.
20A simple misdemeanor is punishable by confinement for
21no more than 30 days or a fine of at least $65 but not more
22than $625 or by both. A serious misdemeanor is punishable
23by confinement for no more than one year and a fine of at
24least $315 but not more than $1,875. A class “C” felony is
25punishable by confinement for no more than 10 years and a fine
26of at least $1,000 but not more than $10,000.
27The bill also includes in the definition of a fraudulent
28practice under Code section 714.8, a person, knowingly, by
29deception and with intent to defraud another person, represents
30that the child expected as the result of that person’s
31pregnancy or the pregnancy of another person may be available
32for adoption. The bill also makes this fraudulent practice a
33fraudulent practice in the third degree, which is an aggravated
34misdemeanor. An aggravated misdemeanor is punishable by
35confinement for no more than two years and a fine of at least
-17-1$625 but not more than $6,250.
-18-pf/nh