Bill Text: IA HF554 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the vacation of certain termination of parental rights orders.(Formerly HF 212.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-03-24 - Referred to Judiciary. S.J. 622. [HF554 Detail]
Download: Iowa-2021-HF554-Introduced.html
House
File
554
-
Introduced
HOUSE
FILE
554
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
212)
A
BILL
FOR
An
Act
relating
to
the
vacation
of
certain
termination
of
1
parental
rights
orders.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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554
Section
1.
Section
600A.9,
subsection
2,
Code
2021,
is
1
amended
to
read
as
follows:
2
2.
a.
If
an
order
is
issued
under
subsection
1
,
paragraph
3
“b”
of
this
section
,
the
juvenile
court
shall
retain
4
jurisdiction
to
change
a
guardian
or
custodian
and
to
allow
a
5
terminated
parent
or
any
putative
biological
parent
to
request
6
vacation
or
appeal
of
the
termination
order
which
request
7
must
be
made
within
thirty
days
of
issuance
of
the
granting
8
of
the
order.
The
period
for
request
by
a
terminated
parent
9
or
by
a
putative
biological
parent
for
vacation
or
appeal
10
shall
not
be
waived
or
extended
and
a
vacation
or
appeal
shall
11
not
be
granted
after
the
expiration
of
this
period.
The
12
juvenile
court
shall
grant
the
vacation
request
only
if
it
is
13
in
the
best
interest
of
the
child.
The
supreme
court
shall
14
prescribe
rules
to
establish
a
period
of
thirty
days,
which
15
shall
not
be
waived
or
extended,
in
which
a
terminated
or
16
putative
biological
parent
may
request
a
vacation
or
appeal
of
17
a
termination
order.
18
b.
If
an
order
is
issued
under
subsection
1,
paragraph
“b”
,
19
to
terminate
the
parental
rights
of
a
biological
parent
who
20
indicated
in
the
parent’s
petition
for
termination
of
parental
21
rights
the
grounds
for
termination
specified
in
section
600A.8,
22
subsection
1,
but
an
order
to
terminate
the
parental
rights
23
of
any
other
putative
biological
parent
is
not
issued
by
the
24
court
pursuant
to
subsection
1,
paragraph
“b”
,
nor
has
the
25
other
putative
biological
parent
consented
to
the
adoption
in
26
lieu
of
termination
of
the
parent’s
parental
rights,
thereby
27
prohibiting
the
filing
of
an
adoption
petition
pursuant
to
28
section
600.3,
subsection
2,
the
court
shall
allow
the
parent
29
for
whom
the
court
issued
an
order
terminating
parental
30
rights
to
request
a
vacation
of
the
order
within
thirty
days
31
of
issuance
of
the
granting
of
the
order.
The
period
for
32
request
by
a
terminated
parent
for
vacation
shall
not
be
waived
33
or
extended
and
a
vacation
shall
not
be
granted
after
the
34
expiration
of
this
period.
The
juvenile
court
shall
grant
the
35
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vacation
request
only
if
it
is
in
the
best
interest
of
the
1
child.
The
supreme
court
shall
prescribe
rules
to
establish
2
a
period
of
30
days,
which
shall
not
be
waived
or
extended,
3
in
which
a
terminated
parent
may
request
a
vacation
of
a
4
termination
order
under
this
paragraph
“b”
.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
the
vacation
of
certain
termination
of
9
parental
rights
orders.
10
Under
the
bill,
if
the
court
issues
an
order
granting
the
11
termination
of
parental
rights
petition
of
a
biological
parent
12
who
indicated
as
the
grounds
for
termination
that
the
parent
13
has
signed
a
release
of
custody
and
the
release
has
not
been
14
revoked,
but
the
court
has
not
issued
an
order
granting
the
15
termination
of
parental
rights
of
any
other
putative
biological
16
parent
nor
has
the
other
putative
biological
parent
consented
17
to
the
adoption
in
lieu
of
termination
of
the
parent’s
parental
18
rights
thereby
prohibiting
the
filing
of
an
adoption
petition,
19
the
court
shall
allow
the
parent
for
whom
the
court
issued
an
20
order
terminating
parental
rights
to
request
a
vacation
of
the
21
order
within
30
days
of
issuance
of
the
granting
of
the
order.
22
The
period
for
the
request
shall
not
be
waived
or
extended
and
23
a
vacation
shall
not
be
granted
after
the
expiration
of
the
24
period.
The
juvenile
court
shall
grant
the
vacation
request
25
only
if
it
is
in
the
best
interest
of
the
child.
The
supreme
26
court
shall
prescribe
rules
to
establish
a
period
of
30
days
27
in
which
a
terminated
parent
may
request
a
vacation
of
a
28
termination
order
under
the
bill.
29
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