Bill Text: IA HF578 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to termination of parental rights and adoption proceedings, and providing penalties. (Formerly HSB 158.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-04-12 - Withdrawn. H.J. 995. [HF578 Detail]

Download: Iowa-2017-HF578-Introduced.html

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House File 578 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 158)

                                      A BILL FOR

  1 An Act relating to termination of parental rights and adoption
  2    proceedings, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1731HV (2) 87
    pf/nh

PAG LIN



  1  1    Section 1.  Section 422.9, subsection 2, paragraph c, Code
  1  2 2017, is amended to read as follows:
  1  3    c.  Add the amount by which expenses paid or incurred
  1  4 in connection with the adoption of a child by the taxpayer
  1  5 exceed three percent of the net income of the taxpayer, or of
  1  6 the taxpayer and spouse in the case of a joint return. The
  1  7 expenses may include medical and hospital expenses of the
  1  8 biological mother which are incident to the child's birth and
  1  9 are paid by the taxpayer, welfare agency fees, legal fees, and
  1 10 all other fees and costs relating to the adoption of a child if
  1 11 the child is placed by a child=placing agency licensed under
  1 12 chapter 238 or by a person making an independent placement
  1 13  an adoption service provider according to the provisions of
  1 14 chapter 600. If the taxpayer claims an adoption tax credit
  1 15 under section 422.12A, the taxpayer shall recompute for
  1 16 purposes of this subsection the amount of the deduction by
  1 17 excluding the amount of qualified adoption expenses, as defined
  1 18 in section 422.12A, used in computing the adoption tax credit.
  1 19    Sec. 2.  Section 422.12A, subsection 1, paragraph a, Code
  1 20 2017, is amended to read as follows:
  1 21    a.  "Adoption" means the permanent placement in this state
  1 22 of a child by the department of human services, by a licensed
  1 23 agency under chapter 238 an adoption service provider as
  1 24 defined in section 600A.2, or, by an agency that meets the
  1 25 provisions of the interstate compact in section 232.158, or
  1 26 by a person making an independent placement according to the
  1 27 provisions of chapter 600.
  1 28    Sec. 3.  Section 600.2, subsection 1, Code 2017, is amended
  1 29 to read as follows:
  1 30    1.  "Child", "parent", "parent=child relationship",
  1 31 "termination of parental rights", "biological parent",
  1 32 "stepparent", "guardian", "custodian", "guardian ad litem",
  1 33 "minor", "adoption service provider", "certified adoption
  1 34 investigator", "adult", "agency", "department", "court", and
  1 35  "juvenile court", "independent placement" mean the same as
  2  1 defined in section 600A.2.
  2  2    Sec. 4.  Section 600.8, subsection 1, paragraph c,
  2  3 subparagraph (1), Code 2017, is amended to read as follows:
  2  4    (1)  A background information investigation of the medical
  2  5 and social history of the biological parents of the minor
  2  6 person to be adopted and a report of the investigation shall be
  2  7 made by the agency, the person making an independent placement
  2  8  adoption service provider, the department, or an a certified
  2  9 adoption investigator prior to the placement of the minor
  2 10 person to be adopted with any prospective adoption petitioner.
  2 11    Sec. 5.  Section 600.8, subsection 2, paragraph a,
  2 12 subparagraph (1), Code 2017, is amended to read as follows:
  2 13    (1)  A preplacement investigation and report of the
  2 14 investigation shall be completed and the prospective adoption
  2 15 petitioner approved for a placement by the person making the
  2 16 investigation prior to any agency or independent adoption
  2 17 service provider or department placement of a minor person in
  2 18 the petitioner's home in anticipation of an ensuing adoption.
  2 19    Sec. 6.  Section 600.8, subsections 3, 4, 8, and 10, Code
  2 20 2017, are amended to read as follows:
  2 21    3.  The department, an agency, or an a certified adoption
  2 22  investigator shall conduct all investigations and reports
  2 23 required under subsection 2 of this section.
  2 24    4.  A postplacement investigation and the report of the
  2 25 investigation shall be completed and filed with the juvenile
  2 26 court or court prior to the holding of the adoption hearing
  2 27 prescribed in section 600.12. Upon the filing of an adoption
  2 28 petition pursuant to section 600.5, the juvenile court or
  2 29 court shall immediately appoint the department, an agency, or
  2 30 an a certified adoption investigator to conduct and complete
  2 31 the postplacement report. Any person who has gained relevant
  2 32 background information concerning a minor person subject to an
  2 33 adoption petition shall, upon request, fully cooperate with the
  2 34 conducting of the postplacement investigation by disclosing any
  2 35 relevant information requested, whether contained in sealed
  3  1 records or not.
  3  2    8.  Any person designated to make an investigation and report
  3  3 under this section may request an agency, certified adoption
  3  4 investigator, or state agency, within or outside this state,
  3  5 to conduct a portion of the investigation or the report, as
  3  6 may be appropriate, and to file a supplemental report of such
  3  7 investigation or report with the juvenile court or court.
  3  8 In the case of the adoption of a minor person by a person
  3  9 domiciled or residing in any other jurisdiction of the United
  3 10 States, any investigation or report required under this section
  3 11 which has been conducted pursuant to the standards of that
  3 12 other jurisdiction shall be recognized in this state.
  3 13    10.  The department, or an agency, or a certified adoption
  3 14  investigator may conduct any investigations required for
  3 15 an interstate or interagency placement. Any interstate
  3 16 investigations or placements shall follow the procedures and
  3 17 regulations under the interstate compact on the placement of
  3 18 children. Such investigations and placements shall be in
  3 19 compliance with the laws of the states involved.
  3 20    Sec. 7.  Section 600.9, Code 2017, is amended to read as
  3 21 follows:
  3 22    600.9  Report of expenditures ==== penalty.
  3 23    1.  a.  A biological parent shall not receive any thing of
  3 24 value as a result of the biological parent's child or former
  3 25 child being placed with and adopted by another person, unless
  3 26 that thing of value is an allowable expense under subsection 2.
  3 27    b.  Any person assisting in any way with the placement or
  3 28 adoption of a minor person shall not charge a fee which is
  3 29 more than usual, necessary, and commensurate with the services
  3 30 rendered.
  3 31    c.  If the biological parent receives any prohibited thing
  3 32 of value, if a person gives a prohibited thing of value, or if
  3 33 a person charges a prohibited fee under this subsection, the
  3 34 person is guilty of a simple serious misdemeanor.
  3 35    2.  a.  An adoption petitioner of a minor person shall
  4  1 file with the juvenile court or court, prior to the adoption
  4  2 hearing, a full accounting of all disbursements of any
  4  3 thing of value paid or agreed to be paid by or on behalf of
  4  4 the petitioner in connection with the petitioned adoption.
  4  5 This accounting shall be made by a report prescribed by the
  4  6 juvenile court or court and shall be signed and verified by the
  4  7 petitioner.  The report shall be accompanied by documentation
  4  8 of all disbursements made prior to the date of filing of
  4  9 the report. Only expenses incurred in connection with the
  4 10 following and any other expenses approved by the juvenile court
  4 11 or court are allowable:
  4 12    (1)  The birth of the minor person to be adopted.
  4 13    (2)  Placement of the minor person with by the adoption
  4 14 petitioner and legal service provider.
  4 15    (3)  Legal expenses related to the termination of parental
  4 16 rights and adoption processes.
  4 17    (3)  (4)  Pregnancy=related medical care received by the
  4 18 biological parents or the minor person during the pregnancy
  4 19 or delivery of the minor person and for medically necessary
  4 20 postpartum care for the biological parent and the minor person.
  4 21    (4)  (5)  Living Ordinary and necessary living expenses of
  4 22 the mother, permitted in an amount not to exceed including but
  4 23 not limited to the cost of room and board or rent and costs
  4 24 of housing, food, utilities, and transportation, for medical
  4 25 purposes only, on a common carrier of persons or an ambulance
  4 26  related to the pregnancy and birth of the child, in an amount
  4 27 not to exceed three thousand five hundred dollars and for no
  4 28 longer than thirty days after the birth of the minor person.
  4 29    (5)  (6)  Costs of the counseling provided to the biological
  4 30 parents prior to the birth of the child, prior to the release
  4 31 of custody, and any counseling provided to the biological
  4 32 parents for not more than sixty days after the birth of the
  4 33 child.
  4 34    (6)  (7)  Living expenses or care of the minor person if the
  4 35 minor person is placed in foster care during the pendency of
  5  1 the termination of parental rights proceedings.
  5  2    b.  All payments for allowable expenses shall be made through
  5  3 the adoption service provider.  An adoption service provider
  5  4 shall deposit all funds received from prospective adoptive
  5  5 parents as payments for allowable expenses for a designated
  5  6 biological parent into an escrow account established with a
  5  7 financial institution located in this state whose accounts
  5  8 are insured by the federal deposit insurance corporation, the
  5  9 national credit union administration, or the federal savings
  5 10 and loan insurance corporation.  Such escrow funds shall not
  5 11 be commingled with other revenues or expense accounts of the
  5 12 adoption service provider and separate accounting shall be
  5 13 maintained for each prospective adoptive parent whose funds
  5 14 are deposited in the escrow account.  Any escrow funds not
  5 15 disbursed by the adoption service provider for the benefit
  5 16 of the designated biological parent shall be returned to the
  5 17 prospective adoptive parents with a full accounting of all
  5 18 deposits and disbursements. If the adoption service provider
  5 19 is a licensed attorney, use of the attorney's state=sanctioned
  5 20 trust account shall satisfy the requirements relative to the
  5 21 escrow account under this paragraph.
  5 22    b.  c.  All Any payments for allowable expenses shall be made
  5 23 to the provider, if applicable, and not directly be made to the
  5 24  a biological parents parent, but instead shall be made directly
  5 25 to the provider of the service, product, or other activity to
  5 26 which the allowable expense is attributable, if applicable.
  5 27    d.  The provisions of this subsection do not apply in a
  5 28 stepparent adoption.
  5 29    3.  The juvenile court or court shall review the report prior
  5 30 to the adoption hearing and shall include findings regarding
  5 31 the allowance or disallowance of any disbursements or projected
  5 32 disbursements in the adoption decree.
  5 33    Sec. 8.  NEW SECTION.  600.9A  Prohibited practices ====
  5 34 penalties.
  5 35    1.  All of the following are prohibited practices regarding a
  6  1 proceeding under this chapter:
  6  2    a.  The provision of termination of parental rights, child
  6  3 placement, or adoption services to any biological or adoptive
  6  4 parent by any person other than an adoption service provider
  6  5 or the department.
  6  6    b.  The charging of a fee by an adoption service provider
  6  7 that is more than the usual and necessary fee commensurate with
  6  8 the services rendered.
  6  9    c.  The facilitation, encouragement, or advisement of
  6 10 adoptive parents by an adoption service provider to provide any
  6 11 thing of value beyond those expenditures allowed pursuant to
  6 12 section 600.9.
  6 13    d.  The knowing encouragement or solicitation of payment of
  6 14 allowable expenses or provision of anything of value beyond
  6 15 those expenditures allowed pursuant to section 600.9, by a
  6 16 person falsely representing that a child may be available for
  6 17 adoption with the intent to defraud the other person.
  6 18    2.  A person who commits a prohibited practice under this
  6 19 section is guilty of a serious misdemeanor for the first
  6 20 violation and a class "C" felony for any second or subsequent
  6 21 violation.
  6 22    Sec. 9.  Section 600.13, subsection 5, Code 2017, is amended
  6 23 to read as follows:
  6 24    5.  An interlocutory or a final adoption decree shall be
  6 25 entered with the clerk of court. Such decree shall set forth
  6 26 any facts of the adoption petition which have been proven to
  6 27 the satisfaction of the juvenile court or court and any other
  6 28 facts considered to be relevant by the juvenile court or court
  6 29 and shall grant the adoption petition. If so designated in
  6 30 the adoption decree, the name of the adopted person shall be
  6 31 changed by issuance of that decree. The clerk of the court
  6 32 shall, within thirty days of issuance, deliver one certified
  6 33 copy of any adoption decree to the petitioner, one copy of any
  6 34 adoption decree to the department and any agency or person
  6 35 making an independent placement adoption service provider who
  7  1 placed a minor person for adoption, and one certification
  7  2 of adoption as prescribed in section 144.19 to the state
  7  3 registrar of vital statistics at no charge. Upon receipt of
  7  4 the certification, the state registrar shall prepare a new
  7  5 birth certificate pursuant to section 144.23 and deliver to
  7  6 the parents named in the decree and any adult person adopted
  7  7 by the decree a copy of the new birth certificate. The parents
  7  8 shall pay the fee prescribed in section 144.46. If the person
  7  9 adopted was born outside this state but in the United States,
  7 10 the state registrar shall forward the certification of adoption
  7 11 to the appropriate agency in the state of birth. A copy of any
  7 12 interlocutory adoption decree vacation shall be delivered and
  7 13 another birth certificate shall be prepared in the same manner
  7 14 as a certification of adoption is delivered and the birth
  7 15 certificate was originally prepared.
  7 16    Sec. 10.  Section 600.16, subsection 1, unnumbered paragraph
  7 17 1, Code 2017, is amended to read as follows:
  7 18    Any information compiled under section 600.8, subsection 1,
  7 19 paragraph "c", relating to medical and developmental histories
  7 20 shall be made available at any time by the clerk of court, the
  7 21 department, or any agency which adoption service provider that
  7 22  made the placement to:
  7 23    Sec. 11.  Section 600.16A, subsection 2, paragraph a, Code
  7 24 2017, is amended to read as follows:
  7 25    a.  An agency The department or an adoption service provider
  7 26  involved in placement shall contact the adopting parents or the
  7 27 adult adopted child regarding eligibility of the adopted child
  7 28 for benefits based on entitlement of benefits or inheritance
  7 29 from the terminated biological parents.
  7 30    Sec. 12.  Section 600.16A, subsection 3, paragraph a,
  7 31 unnumbered paragraph 1, Code 2017, is amended to read as
  7 32 follows:
  7 33    In addition to other procedures by which adoption records
  7 34 may be opened under this section, if both of the following
  7 35 conditions are met, the department, the clerk of court, or the
  8  1 agency which adoption service provider that made the placement
  8  2 shall open the adoption record for inspection and shall reveal
  8  3 the identity of the biological parents to the adult adopted
  8  4 child or the identity of the adult adopted child to the
  8  5 biological parents:
  8  6    Sec. 13.  Section 600.16A, subsection 3, paragraph c, Code
  8  7 2017, is amended to read as follows:
  8  8    c.  Notwithstanding the provisions of this subsection, if
  8  9 the adult adopted person has a sibling who is a minor and who
  8 10 has also been adopted by the same parents, the department, the
  8 11 clerk of court, or the agency which adoption service provider
  8 12 that made the placement may deny the request of either the
  8 13 adult adopted person or the biological parent to open the
  8 14 adoption records and to reveal the identities of the parties
  8 15 pending determination by the juvenile court or court that there
  8 16 is good cause to open the records pursuant to subsection 2.
  8 17    Sec. 14.  Section 600.20, Code 2017, is amended to read as
  8 18 follows:
  8 19    600.20  Availability of assistance.
  8 20    Financial assistance shall be available only if the child
  8 21 to be adopted was under the guardianship of the state, county,
  8 22 or a licensed child=placing an agency immediately prior to
  8 23 adoption. The one=hundred=eighty=day period of residence in
  8 24 the proposed home required in section 600.10 shall not apply to
  8 25 this section.
  8 26    Sec. 15.  Section 600A.2, Code 2017, is amended by adding the
  8 27 following new subsections:
  8 28    NEW SUBSECTION.  01.  "Adoption service provider" means an
  8 29 agency or a licensed attorney.
  8 30    NEW SUBSECTION.  3A.  "Certified adoption investigator"
  8 31 means a person who is certified and approved by the department
  8 32 of human services, after inspection by the department of
  8 33 inspections and appeals, as being capable of conducting an
  8 34 investigation under section 600.8.
  8 35    Sec. 16.  Section 600A.2, subsection 2, Code 2017, is amended
  9  1 to read as follows:
  9  2    2.  "Agency" means a child=placing agency as defined in
  9  3 section 238.1 or the department.
  9  4    Sec. 17.  Section 600A.2, subsection 10, Code 2017, is
  9  5 amended by striking the subsection.
  9  6    Sec. 18.  Section 600A.4, subsection 1, Code 2017, is amended
  9  7 to read as follows:
  9  8    1.  A parent shall not permanently alter the parent=child
  9  9 relationship, except as ordered by a juvenile court or
  9 10 court. However, custody of a minor child may be assumed by a
  9 11 stepparent or a relative of that child within the fourth degree
  9 12 of consanguinity or transferred by an acceptance of a release
  9 13 of custody. A person who assumes custody or an agency adoption
  9 14 service provider which accepts a release of custody under this
  9 15 section becomes, upon assumption or acceptance, the custodian
  9 16 of the minor child.
  9 17    Sec. 19.  Section 600A.4, subsection 2, paragraphs a and d,
  9 18 Code 2017, are amended to read as follows:
  9 19    a.  Shall be accepted only by an agency or a person making an
  9 20 independent placement adoption service provider.
  9 21    d.  (1)  Shall contain written acknowledgment of the
  9 22 biological parents that after the birth of the child three
  9 23 hours of counseling regarding the decision to release
  9 24 custody and the alternatives available have been offered
  9 25 to the biological parents by the agency, the person making
  9 26 an independent placement, an investigator as defined in
  9 27 section 600.2, or other qualified counselor regarding the
  9 28 decision to release custody and the alternatives available
  9 29 to the biological parents department or an adoption service
  9 30 provider. The release of custody shall also contain written
  9 31 acknowledgment of the acceptance or refusal of the counseling
  9 32 by the biological parent.
  9 33    (2)  If accepted, the counseling shall be provided after
  9 34 the birth of the child and prior to the signing of a release
  9 35 of custody or the filing of a petition for termination of
 10  1 parental rights as applicable. Counseling shall be provided
 10  2 only by a person who is qualified under rules adopted by the
 10  3 department of human services which shall include a requirement
 10  4 that the person complete a minimum number of hours of training
 10  5 in the area of adoption=related counseling approved by the
 10  6 department. If counseling is accepted, the counselor shall
 10  7 provide an affidavit, which shall be attached to the release of
 10  8 custody, when practicable, certifying that the counselor has
 10  9 provided the biological parent with the requested counseling
 10 10 and documentation that the person is qualified to provide the
 10 11 requested counseling as prescribed by this paragraph "d". The
 10 12 requirements of this paragraph "d" do not apply to a release
 10 13 of custody which is executed for the purposes of a stepparent
 10 14 adoption.
 10 15    Sec. 20.  Section 600A.4, subsection 2, paragraph f,
 10 16 subparagraphs (1) and (4), Code 2017, are amended to read as
 10 17 follows:
 10 18    (1)  A biological parent may also provide ongoing
 10 19 information to the adoptive parents, as additional medical
 10 20 or social history information becomes known, by providing
 10 21 information to the clerk of court, the department of human
 10 22 services, or the agency which adoption service provider that
 10 23  made the placement, and may provide the current address of
 10 24 the biological parent. The clerk of court, the department of
 10 25 human services, or the agency which adoption service provider
 10 26 that made the placement shall transmit the information to the
 10 27 adoptive parents if the address of the adoptive parents is
 10 28 known.
 10 29    (4)  The department shall prescribe forms designed to obtain
 10 30 the family medical and social history and shall provide the
 10 31 forms at no charge to any agency adoption service provider or
 10 32 person who executes a release of custody of the minor child or
 10 33 who files a petition for termination of parental rights. The
 10 34 existence of this report does not limit a person's ability to
 10 35 petition the court for release of records in accordance with
 11  1 other provisions of law.
 11  2    Sec. 21.  Section 600A.4, subsection 3, Code 2017, is amended
 11  3 to read as follows:
 11  4    3.  Notwithstanding the provisions of subsection 2, the
 11  5 department or an agency or a person making an independent
 11  6 placement adoption service provider may assume custody of a
 11  7 minor child upon the signature of the one living parent who has
 11  8 possession of the minor child if the agency or a person making
 11  9 an independent placement department or an adoption service
 11 10 provider immediately petitions the juvenile court designated
 11 11 in section 600A.5 to be appointed custodian and otherwise
 11 12 petitions, either in the same petition or within a reasonable
 11 13 time in a separate petition, for termination of parental rights
 11 14 under section 600A.5. Upon the custody petition, the juvenile
 11 15 court may appoint a guardian as well as a custodian.
 11 16    Sec. 22.  NEW SECTION.  600A.6C  Report of expenditures ====
 11 17 penalty.
 11 18    1.  a.  A biological parent shall not receive any thing of
 11 19 value as a result of the biological parent terminating the
 11 20 parent's parental rights, unless that thing of value is an
 11 21 allowable expense under subsection 2.
 11 22    b.  Any person assisting in any way with the termination
 11 23 of parental rights shall not charge a fee which is more than
 11 24 usual, necessary, and commensurate with the services rendered.
 11 25    c.  If the biological parent receives any prohibited thing
 11 26 of value, if a person gives a prohibited thing of value, or if
 11 27 a person charges a prohibited fee under this subsection, the
 11 28 person is guilty of a serious misdemeanor.
 11 29    2.  a.  The petitioner shall file with the juvenile court
 11 30 or court, prior to the termination hearing, a full accounting
 11 31 of all disbursements of any thing of value paid or agreed
 11 32 to be paid by or on behalf of the petitioner or intended
 11 33 adoptive parent in connection with the petitioned termination.
 11 34 This accounting shall be made by a report prescribed by the
 11 35 juvenile court or court and shall be signed and verified by the
 12  1 petitioner. The report shall be accompanied by documentation
 12  2 of all disbursements made prior to the date of filing of
 12  3 the report.  Only expenses incurred in connection with the
 12  4 following and any other expenses approved by the juvenile court
 12  5 or court are allowable:
 12  6    (1)  The birth of the minor person to be adopted.
 12  7    (2)  Placement of the minor person by the adoption service
 12  8 provider.
 12  9    (3)  Legal expenses related to the termination of parental
 12 10 rights and adoption processes.
 12 11    (4)  Pregnancy=related medical care received by the
 12 12 biological parents or the minor person during the pregnancy
 12 13 or delivery of the minor person and for medically necessary
 12 14 postpartum care for the biological parent and the minor person.
 12 15    (5)  Ordinary and necessary living expenses of the mother
 12 16 including but not limited to the costs of housing, food,
 12 17 utilities, and transportation for medical purposes related
 12 18 to the pregnancy and birth of the child, in an amount not to
 12 19 exceed three thousand five hundred dollars and for no longer
 12 20 than thirty days after the birth of the minor person.
 12 21    (6)  Costs of the counseling provided to the biological
 12 22 parents prior to the birth of the child, prior to the release
 12 23 of custody, and any counseling provided to the biological
 12 24 parents for not more than sixty days after the birth of the
 12 25 child.
 12 26    (7)  Living expenses or care of the minor person during the
 12 27 pendency of the termination of parental rights proceedings.
 12 28    b.  All payments for allowable expenses shall be made through
 12 29 the adoption service provider.  An adoption service provider
 12 30 shall deposit all funds received from prospective adoptive
 12 31 parents as payments for allowable expenses for a designated
 12 32 biological parent into an escrow account established with a
 12 33 financial institution located in this state whose accounts
 12 34 are insured by the federal deposit insurance corporation, the
 12 35 national credit union administration, or the federal savings
 13  1 and loan insurance corporation.  Such escrow funds shall not
 13  2 be commingled with other revenues or expense accounts of the
 13  3 adoption service provider and separate accounting shall be
 13  4 maintained for each prospective adoptive parent whose funds
 13  5 are deposited in the escrow account.  Any escrow funds not
 13  6 disbursed by the adoption service provider for the benefit
 13  7 of the designated biological parent shall be returned to the
 13  8 prospective adoptive parents with a full accounting of all
 13  9 deposits and disbursements. If the adoption service provider
 13 10 is a licensed attorney, use of the attorney's state=sanctioned
 13 11 trust account shall satisfy the requirements relative to the
 13 12 escrow account under this paragraph.
 13 13    c.  Any payments for allowable expenses shall not be made to
 13 14 a biological parent, but instead shall be made directly to the
 13 15 provider of the service, product, or other activity to which
 13 16 the allowable expense is attributable, if applicable.
 13 17    d.  The provisions of this subsection do not apply in a
 13 18 stepparent adoption.
 13 19    3.  The juvenile court or court shall review the report prior
 13 20 to the termination hearing and shall include findings regarding
 13 21 the allowance or disallowance of any disbursements or projected
 13 22 disbursements in the termination order.
 13 23    Sec. 23.  Section 600A.10, Code 2017, is amended to read as
 13 24 follows:
 13 25    600A.10  Termination procedures ==== prohibited practices ====
 13 26  penalty for violation.
 13 27    1.  Any biological parent who chooses to identify the
 13 28 other biological parent and who knowingly and intentionally
 13 29 identifies a person who is not the other biological parent in
 13 30 the written release of custody or in any other document related
 13 31 to the termination of parental rights proceedings is guilty of
 13 32 a simple serious misdemeanor.
 13 33    2.  Any person who signs or accepts a release of custody
 13 34 under section 600A.4 prior to the expiration of the
 13 35 seventy=two=hour period required is guilty of a serious
 14  1 misdemeanor.
 14  2    3.  a.  All of the following are prohibited practices
 14  3 regarding a proceeding under this chapter:
 14  4    (1)  The provision of termination of parental rights, child
 14  5 placement, or adoption services to any biological or adoptive
 14  6 parent by any person other than an adoption service provider
 14  7 or the department.
 14  8    (2)  The charging of a fee by an adoption service provider
 14  9 that is more than the usual and necessary fee commensurate with
 14 10 the services rendered.
 14 11    (3)  The facilitation, encouragement, or advisement of
 14 12 adoptive parents by an adoption service provider to provide any
 14 13 thing of value beyond those expenditures allowed pursuant to
 14 14 section 600A.6C.
 14 15    (4)  The knowing encouragement or solicitation of payment
 14 16 of allowable expenses or provision of anything of value beyond
 14 17 those expenditures allowed pursuant to section 600A.6C, by a
 14 18 person falsely representing that a child may be available for
 14 19 adoption with the intent to defraud the other person.
 14 20    b.  A person who commits a prohibited practice under this
 14 21 subsection is guilty of a serious misdemeanor for the first
 14 22 violation and a class "C" felony for any second or subsequent
 14 23 violation.
 14 24    Sec. 24.  Section 714.8, Code 2017, is amended by adding the
 14 25 following new subsection:
 14 26    NEW SUBSECTION.  21.  Knowingly, by deception and with intent
 14 27 to defraud another person, represents that the child expected
 14 28 as the result of that person's pregnancy or the pregnancy of
 14 29 another person may be available for adoption.
 14 30    Sec. 25.  Section 714.11, subsection 1, paragraph b, Code
 14 31 2017, is amended to read as follows:
 14 32    b.  A fraudulent practice as set forth in section 714.8,
 14 33 subsections 2, 8, and 9, and 21.
 14 34                           EXPLANATION
 14 35 The inclusion of this explanation does not constitute agreement with
 15  1 the explanation's substance by the members of the general assembly.
 15  2    This bill relates to adoption and termination of parental
 15  3 rights.  The bill defines "adoption service provider" to
 15  4 include a licensed child=placing agency or a licensed attorney.
 15  5 The bill eliminates the definition of and the use of the term
 15  6 "independent placement" relative to termination of parental
 15  7 rights and adoption proceedings, thereby only allowing adoption
 15  8 service providers and the department of human services (DHS) to
 15  9 make placements of minor children for the purposes of adoption.
 15 10 The bill also defines "certified adoption investigator", for
 15 11 the purposes of termination of parental rights and adoption
 15 12 proceedings, replacing the term "investigator" which did not
 15 13 require certification or approval of such investigators by
 15 14 the department of human services. The bill makes conforming
 15 15 changes throughout the Code to reflect the new definitions,
 15 16 including relative to allowable tax deductions from net income.
 15 17    The bill clarifies that the one certified copy of the
 15 18 adoption decree to the petitioner, and the one copy of any
 15 19 adoption decree to DHS, an adoption service provider, and the
 15 20 state registrar of vital statistics, currently required to be
 15 21 provided by the clerk of the court, are to be provided at no
 15 22 charge.
 15 23    The bill requires reporting of expenditures and limitations
 15 24 on payment of only allowable expenditures relating to
 15 25 termination of parental rights similar to those requirements
 15 26 currently in place for adoption. As with adoptions, the bill
 15 27 prohibits a biological parent from receiving any thing of value
 15 28 as a result of the biological parent terminating the parent's
 15 29 parental rights, unless that thing of value is an allowable
 15 30 expense as provided in the bill.  Any person assisting in any
 15 31 way with the termination of parental rights is prohibited
 15 32 from charging a fee which is more than usual, necessary, and
 15 33 commensurate with the services rendered. If the biological
 15 34 parent receives any prohibited thing of value, if a person
 15 35 gives a prohibited thing of value, or if a person charges a
 16  1 prohibited fee, the person is guilty of a serious misdemeanor.
 16  2    As with an adoption petitioner, the bill also requires a
 16  3 termination of parental rights petitioner to file with the
 16  4 juvenile court or court, prior to the termination hearing, a
 16  5 full accounting of all disbursements of any thing of value
 16  6 paid or agreed to be paid by or on behalf of the petitioner
 16  7 or intended adoptive parent in connection with the petitioned
 16  8 termination.  The accounting is to be made by a report
 16  9 prescribed by the juvenile court or court and signed and
 16 10 verified by the petitioner. The report is required to be
 16 11 accompanied by documentation of all disbursements made prior to
 16 12 the date of filing of the report.  The bill specifies allowable
 16 13 expenses similar to those allowed relative to an adoption
 16 14 proceeding.
 16 15    Additionally, the bill provides that all payments for
 16 16 allowable expenses shall be made through the adoption
 16 17 service provider and that the adoption service provider shall
 16 18 deposit all funds received into an escrow account.  The bill
 16 19 specifies that such escrow funds shall not be commingled with
 16 20 other revenues or expense accounts of the adoption service
 16 21 provider and separate accounting shall be maintained for each
 16 22 prospective adoptive parent whose funds are deposited in the
 16 23 escrow account.  Any escrow funds not disbursed by the adoption
 16 24 service provider for the benefit of the designated biological
 16 25 parent shall be returned to the prospective adoptive parents
 16 26 with a full accounting of all deposits and disbursements.
 16 27 The bill provides that if the adoption service provider is a
 16 28 licensed attorney, use of the attorney's state=sanctioned trust
 16 29 account shall satisfy the requirement relative to the escrow
 16 30 account.
 16 31    As with similar provisions relating to payment of allowable
 16 32 expenses under an adoption proceeding, any payments for
 16 33 allowable expenses relative to a termination of parental rights
 16 34 proceeding shall not be made to a biological parent, but
 16 35 instead shall be made directly to the provider of the service,
 17  1 product, or other activity to which the allowable expense
 17  2 is attributable, if applicable. The provisions relating
 17  3 to allowable expenditures and reporting do not apply in a
 17  4 stepparent adoption.
 17  5    The bill directs that, as in an adoption proceeding, the
 17  6 juvenile court or court shall review the expenditure report
 17  7 prior to the termination hearing and shall include findings
 17  8 regarding the allowance or disallowance of any disbursements or
 17  9 projected disbursements in the termination order.
 17 10    The bill also includes provisions relating to prohibited
 17 11 practices relating to termination procedures.  The bill amends
 17 12 and increases the penalty from a simple misdemeanor to a
 17 13 serious misdemeanor for the existing prohibition against a
 17 14 person who signs or accepts a release of custody prior to the
 17 15 expiration of the required 72=hour period.  The bill includes
 17 16 prohibited practices, the violation of which is a serious
 17 17 misdemeanor for a first offense and a class "C" felony for any
 17 18 second or subsequent violation.  The bill also includes similar
 17 19 prohibited practices relative to an adoption proceeding.
 17 20    A simple misdemeanor is punishable by confinement for
 17 21 no more than 30 days or a fine of at least $65 but not more
 17 22 than $625 or by both.  A serious misdemeanor is punishable
 17 23 by confinement for no more than one year and a fine of at
 17 24 least $315 but not more than $1,875. A class "C" felony is
 17 25 punishable by confinement for no more than 10 years and a fine
 17 26 of at least $1,000 but not more than $10,000.
 17 27    The bill also includes in the definition of a fraudulent
 17 28 practice under Code section 714.8, a person, knowingly, by
 17 29 deception and with intent to defraud another person, represents
 17 30 that the child expected as the result of that person's
 17 31 pregnancy or the pregnancy of another person may be available
 17 32 for adoption.  The bill also makes this fraudulent practice a
 17 33 fraudulent practice in the third degree, which is an aggravated
 17 34 misdemeanor.  An aggravated misdemeanor is punishable by
 17 35 confinement for no more than two years and a fine of at least
 18  1 $625 but not more than $6,250.
       LSB 1731HV (2) 87
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