Bill Text: IA SF147 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to paternity in certain actions before the juvenile court.(Formerly SSB 1003.)
Spectrum: Committee Bill
Status: (Introduced) 2023-05-02 - Withdrawn. S.J. 1020. [SF147 Detail]
Download: Iowa-2023-SF147-Introduced.html
Senate
File
147
-
Introduced
SENATE
FILE
147
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1003)
A
BILL
FOR
An
Act
relating
to
paternity
in
certain
actions
before
the
1
juvenile
court.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232.2,
subsection
44,
Code
2023,
is
1
amended
to
read
as
follows:
2
44.
“Parent”
means
a
biological
or
adoptive
mother
or
father
3
of
a
child;
or
a
father
whose
paternity
has
been
established
4
by
one
of
the
methods
enumerated
in
section
252A.3,
subsection
5
10,
or
by
operation
of
law
due
to
the
individual’s
established
6
father’s
marriage
to
the
mother
at
the
time
of
conception,
7
birth,
or
at
any
time
during
the
period
between
conception
8
and
birth
of
the
child
,
by
order
of
a
court
of
competent
9
jurisdiction,
or
by
administrative
order
when
authorized
10
by
state
law
.
“Parent”
does
not
include
a
mother
or
father
11
whose
parental
rights
have
been
terminated
or
a
father
whose
12
paternity
has
been
overcome
pursuant
to
section
232.3A
.
13
Sec.
2.
NEW
SECTION
.
232.3A
Authority
relating
to
action
14
to
overcome
paternity
in
a
child
in
need
of
assistance
or
15
termination
of
parental
rights
proceeding.
16
1.
During
an
action
under
subchapter
III,
child
in
need
17
of
assistance
proceedings,
or
subchapter
IV,
termination
of
18
parent-child
relationship
proceedings
of
this
chapter,
the
19
court
may
on
its
own
motion
or
that
of
any
party,
require
the
20
child
and
established
father
of
the
child
to
submit
to
blood
or
21
genetic
testing
in
accordance
with
the
procedures
and
method
22
prescribed
under
section
600B.41
to
overcome
the
paternity
of
23
the
established
father.
24
2.
The
juvenile
court
may
enter
an
order
overcoming
25
paternity
of
an
established
father
pursuant
to
section
600B.41A
26
if
all
of
the
following
conditions
are
met:
27
a.
The
child
has
been
adjudicated
a
child
in
need
of
28
assistance
in
an
active
juvenile
court
case
and
a
dispositional
29
order
in
that
case
is
in
place.
30
b.
Paternity
of
the
child
has
been
legally
established,
31
including
by
one
of
the
methods
enumerated
in
section
252A.3,
32
subsection
10,
or
by
operation
of
law
due
to
the
established
33
father’s
marriage
to
the
mother
at
the
time
of
conception,
34
birth,
or
at
any
time
during
the
period
between
conception
and
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the
birth
of
the
child.
1
c.
Pursuant
to
section
600B.41,
the
conclusion
of
the
2
expert
as
disclosed
by
the
evidence
based
upon
blood
or
genetic
3
testing
demonstrates
that
the
established
father
is
not
the
4
biological
father
of
the
child.
5
d.
The
established
father
agrees
that
the
established
6
father’s
paternity
should
be
overcome
or
the
established
father
7
objects
to
having
his
paternity
overcome
but
the
court
finds
8
that
it
is
in
the
best
interest
of
the
child
to
overcome
the
9
established
father’s
paternity.
10
3.
When
the
criteria
specified
in
subsection
2
are
met,
the
11
juvenile
court
shall
enter
an
order
overcoming
paternity,
and
12
shall
send
a
copy
of
the
order
to
the
clerk
of
the
district
13
court.
The
juvenile
court
shall
designate
the
petitioner
and
14
respondent
for
the
purposes
of
the
order.
15
4.
Upon
receipt
of
the
order
by
the
district
court,
the
16
clerk
of
the
district
court
shall
docket
the
case.
Filing
17
fees
and
other
court
costs
shall
not
be
assessed
against
the
18
parties.
19
5.
The
district
court
shall
take
judicial
notice
of
the
20
juvenile
file
in
any
hearing
related
to
the
case.
Records
21
contained
in
the
district
court
case
file
that
were
copied
or
22
transferred
from
the
juvenile
court
file
concerning
the
case
23
shall
be
subject
to
section
232.147
and
other
confidentiality
24
provisions
of
this
chapter
for
cases
not
involving
juvenile
25
delinquency,
and
shall
be
disclosed,
upon
request,
to
the
child
26
support
recovery
unit
without
a
court
order.
27
6.
If
paternity
testing
is
completed
and
the
established
28
father
is
not
excluded
as
the
biological
father
of
the
child,
29
the
juvenile
court
shall
find
the
established
father
to
be
the
30
biological
father
of
the
child
and
a
necessary
party
to
the
31
action.
32
7.
Nothing
in
this
section
shall
be
construed
to
require
33
appointment
of
counsel
for
the
parties
in
the
district
court
34
action.
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Sec.
3.
Section
232.103A,
subsection
1,
paragraph
b,
Code
1
2023,
is
amended
to
read
as
follows:
2
b.
Paternity
of
the
child
has
been
legally
established
by
3
one
of
the
methods
enumerated
in
section
252A.3,
subsection
4
10
,
including
or
by
operation
of
law
due
to
the
individual’s
5
established
father’s
marriage
to
the
mother
at
the
time
of
6
conception,
birth,
or
at
any
time
during
the
period
between
7
conception
and
birth
of
the
child
,
by
order
of
a
court
of
8
competent
jurisdiction,
or
by
administrative
order
when
9
authorized
by
state
law
.
10
Sec.
4.
Section
252A.6A,
subsection
2,
paragraph
a,
11
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
12
(1)
If
the
prior
determination
of
paternity
is
based
on
an
13
affidavit
of
paternity
filed
pursuant
to
section
252A.3A
,
or
an
14
administrative
order
entered
pursuant
to
chapter
252F
has
been
15
legally
established
by
one
of
the
methods
enumerated
in
section
16
252A.3,
subsection
10
,
or
an
order
by
the
courts
of
this
17
state,
or
by
operation
of
law
when
the
mother
and
due
to
the
18
established
father
are
or
were
married
to
each
other
father’s
19
marriage
to
the
mother
at
the
time
of
conception,
birth,
or
at
20
any
time
during
the
period
between
conception
and
birth
of
the
21
child
,
the
provisions
of
section
600B.41A
are
applicable.
22
Sec.
5.
Section
252A.6A,
subsection
2,
paragraph
b,
Code
23
2023,
is
amended
to
read
as
follows:
24
b.
If
Notwithstanding
paragraph
“a”
,
subparagraph
(1),
25
if
the
prior
determination
of
paternity
is
based
on
an
26
administrative
or
court
order
or
by
any
other
means,
pursuant
27
to
the
laws
of
another
state
or
foreign
country,
an
action
to
28
overcome
the
prior
determination
of
paternity
shall
be
filed
in
29
that
jurisdiction.
Unless
the
party
requests
and
is
granted
a
30
stay
of
an
action
to
establish
child
or
medical
support,
the
31
action
shall
proceed
as
otherwise
provided.
32
Sec.
6.
Section
252C.4,
subsection
7,
paragraph
a,
33
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
34
(1)
If
the
prior
determination
of
paternity
is
based
on
an
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affidavit
of
paternity
filed
pursuant
to
section
252A.3A
,
or
an
1
administrative
order
entered
pursuant
to
chapter
252F
has
been
2
legally
established
by
one
of
the
methods
enumerated
in
section
3
252A.3,
subsection
10
,
or
an
order
by
the
courts
of
this
4
state,
or
by
operation
of
law
when
the
mother
and
due
to
the
5
established
father
are
or
were
married
to
each
other
father’s
6
marriage
to
the
mother
at
the
time
of
conception,
birth,
or
at
7
any
time
during
the
period
between
conception
and
birth
of
the
8
child
,
the
provisions
of
section
600B.41A
are
applicable.
9
Sec.
7.
Section
252C.4,
subsection
7,
paragraph
b,
Code
10
2023,
is
amended
to
read
as
follows:
11
b.
If
Notwithstanding
paragraph
“a”
,
subparagraph
(1),
12
if
the
prior
determination
of
paternity
is
based
on
an
13
administrative
or
court
order
or
other
means,
pursuant
to
the
14
laws
of
another
state
or
foreign
country,
an
action
to
overcome
15
the
prior
determination
of
paternity
shall
be
filed
in
that
16
jurisdiction.
Unless
the
responsible
person
requests
and
is
17
granted
a
stay
of
an
action
initiated
under
this
chapter
to
18
establish
child
or
medical
support,
the
action
shall
proceed
as
19
otherwise
provided
by
this
chapter
.
20
Sec.
8.
Section
598.21E,
subsection
1,
paragraph
a,
21
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
22
(1)
If
the
prior
determination
of
paternity
is
based
on
23
an
affidavit
of
paternity
filed
pursuant
to
section
252A.3A
,
24
or
a
court
or
administrative
order
entered
in
this
state
has
25
been
legally
established
by
one
of
the
methods
enumerated
in
26
section
252A.3,
subsection
10
,
or
by
operation
of
law
when
the
27
mother
and
due
to
the
established
father
are
or
were
married
28
to
each
other
father’s
marriage
to
the
mother
at
the
time
of
29
conception,
birth,
or
at
any
time
during
the
period
between
30
conception
and
birth
of
the
child
,
the
provisions
of
section
31
600B.41A
apply.
32
Sec.
9.
Section
598.21E,
subsection
1,
paragraph
b,
Code
33
2023,
is
amended
to
read
as
follows:
34
b.
If
Notwithstanding
paragraph
“a”
,
subparagraph
(1),
if
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a
determination
of
paternity
is
based
on
an
administrative
or
1
court
order
or
other
means
pursuant
to
the
laws
of
another
2
state
or
foreign
country
as
defined
in
chapter
252K
,
any
action
3
to
overcome
the
prior
determination
of
paternity
shall
be
filed
4
in
that
jurisdiction.
Unless
a
stay
of
the
action
initiated
in
5
this
state
to
establish
child
or
medical
support
is
requested
6
and
granted
by
the
court,
pending
a
resolution
of
the
contested
7
paternity
issue
by
the
other
state
or
foreign
country
as
8
defined
in
chapter
252K
,
the
action
shall
proceed.
9
Sec.
10.
Section
600B.41A,
subsection
1,
Code
2023,
is
10
amended
to
read
as
follows:
11
1.
Paternity
which
is
legally
established
may
be
overcome
12
as
provided
in
this
section
if
subsequent
blood
or
genetic
13
testing
indicates
that
the
previously
established
father
of
14
a
child
is
not
the
biological
father
of
the
child.
Unless
15
otherwise
provided
in
this
section
,
this
section
applies
to
the
16
overcoming
of
paternity
which
has
been
established
according
17
to
any
of
the
means
provided
by
one
of
the
methods
enumerated
18
in
section
252A.3,
subsection
10
,
or
by
operation
of
law
when
19
due
to
the
established
father
and
father’s
marriage
to
the
20
mother
of
the
child
are
or
were
married
to
each
other,
or
as
21
determined
by
a
court
of
this
state
under
any
other
applicable
22
chapter
at
the
time
of
conception,
birth,
or
at
any
time
during
23
the
period
between
conception
and
birth
of
the
child
.
24
Sec.
11.
Section
600B.41A,
Code
2023,
is
amended
by
adding
25
the
following
new
subsection:
26
NEW
SUBSECTION
.
3A.
Establishment
of
paternity
may
be
27
overcome
under
this
section
by
a
juvenile
court
pursuant
to
28
section
232.3A
if
all
of
the
following
conditions
are
met:
29
a.
Paternity
of
a
child
is
contested
during
an
active
30
child
in
need
of
assistance
proceeding
and
the
child
is
under
31
the
jurisdiction
of
the
juvenile
court
at
the
time
an
order
32
overcoming
paternity
is
entered.
33
b.
A
guardian
ad
litem
is
appointed
for
the
child.
34
c.
Notice
of
the
action
to
overcome
paternity
is
served
on
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any
parent
of
the
child
in
accordance
with
chapter
232
and
if
1
enforcement
services
are
being
provided
by
the
child
support
2
recovery
unit
pursuant
to
chapter
252B,
notice
shall
also
be
3
served
on
the
child
support
recovery
unit.
4
d.
Blood
or
genetic
testing
is
conducted
in
accordance
with
5
sections
232.3A
and
600B.41.
6
(1)
Unless
otherwise
specified
pursuant
to
subsection
2
or
7
9,
blood
or
genetic
testing
shall
be
conducted
in
an
action
to
8
overcome
the
establishment
of
paternity
in
the
child
in
need
of
9
assistance
proceeding.
10
(2)
Unless
otherwise
specified
in
this
section,
section
11
600B.41
applies
to
blood
or
genetic
testing
conducted
as
the
12
result
of
an
action
brought
to
overcome
paternity.
13
(3)
The
juvenile
court
may
order
additional
testing
to
14
be
conducted
by
the
expert
or
an
independent
expert
in
order
15
to
confirm
a
test
upon
which
an
expert
concludes
that
the
16
established
father
is
not
the
biological
father
of
the
child.
17
e.
The
juvenile
court
finds
all
of
the
following,
as
18
applicable:
19
(1)
That
the
conclusion
of
the
expert
as
disclosed
by
the
20
evidence
based
upon
blood
or
genetic
testing
demonstrates
that
21
the
established
father
is
not
the
biological
father
of
the
22
child.
23
(2)
If
paternity
was
established
pursuant
to
section
24
252A.3A,
the
signed
affidavit
was
based
on
fraud,
duress,
or
25
material
mistake
of
fact.
26
(3)
The
established
father
agrees
that
his
paternity
should
27
be
overcome
or
the
juvenile
court
finds
it
is
in
the
best
28
interest
of
the
child
that
the
established
father’s
paternity
29
be
overcome
despite
the
established
father’s
objection.
30
Sec.
12.
Section
600B.41A,
subsection
4,
unnumbered
31
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
32
If
the
court
finds
that
the
establishment
of
paternity
is
33
overcome,
in
accordance
with
all
of
the
conditions
prescribed
34
under
subsection
3
or
3A
,
the
court
shall
enter
an
order
which
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provides
all
of
the
following:
1
Sec.
13.
Section
602.6306,
subsection
2,
Code
2023,
is
2
amended
to
read
as
follows:
3
2.
District
associate
judges
also
have
jurisdiction
4
in
civil
actions
for
money
judgment
where
the
amount
in
5
controversy
does
not
exceed
ten
thousand
dollars;
jurisdiction
6
over
involuntary
commitment,
treatment,
or
hospitalization
7
proceedings
under
chapters
125
and
229
;
jurisdiction
of
8
indictable
misdemeanors,
class
“D”
felony
violations,
and
9
other
felony
arraignments;
jurisdiction
to
enter
a
temporary
10
or
emergency
order
of
protection
under
chapter
235F
or
236
,
11
and
to
make
court
appointments
and
set
hearings
in
criminal
12
matters;
jurisdiction
to
enter
orders
in
probate
which
do
not
13
require
notice
and
hearing
and
to
set
hearings
in
actions
under
14
chapter
633
or
633A
;
and
the
jurisdiction
provided
in
section
15
232.3A,
600.41A,
or
602.7101
when
designated
as
a
judge
of
the
16
juvenile
court.
While
presiding
in
these
subject
matters
a
17
district
associate
judge
shall
employ
district
judges’
practice
18
and
procedure.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
actions
to
overcome
paternity
during
23
a
child
in
need
of
assistance
proceeding
or
a
termination
24
of
parental
rights
proceeding,
and
the
jurisdiction
of
the
25
juvenile
court
to
initiate
an
action
to
overcome
paternity.
26
The
bill
provides
that
for
the
purposes
of
Code
chapter
232
27
(juvenile
justice),
“parent”
does
not
include
a
father
whose
28
paternity
has
been
overcome.
29
The
bill
provides
authority
for
the
juvenile
court
during
a
30
child
in
need
of
assistance
(CINA)
proceeding
or
termination
of
31
parent-child
relationship
proceeding
under
Code
chapter
232,
32
on
its
own
motion
or
that
of
any
party,
to
require
the
child
33
and
established
father
to
submit
to
blood
or
genetic
testing
34
to
challenge
the
paternity
of
the
child.
The
juvenile
court
35
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147
may
enter
an
order
overcoming
paternity
of
an
established
1
father
if:
the
child
has
been
adjudicated
a
CINA
in
an
active
2
juvenile
court
case
and
a
dispositional
order
in
that
case
is
3
in
place;
paternity
of
the
child
has
been
legally
established;
4
the
conclusion
of
the
expert
as
disclosed
by
the
evidence
based
5
upon
blood
or
genetic
testing
demonstrates
that
the
established
6
father
is
not
the
biological
father
of
the
child;
and
the
7
established
father
agrees
that
his
paternity
should
be
overcome
8
or
the
established
father
objects
to
having
his
paternity
9
overcome
but
the
court
finds
that
it
is
in
the
best
interest
10
of
the
child
to
overcome
his
paternity.
The
bill
provides
11
that
when
the
criteria
for
overcoming
paternity
are
met,
the
12
juvenile
court
shall
enter
an
order
overcoming
paternity,
and
13
shall
send
a
copy
of
the
order
to
the
clerk
of
the
district
14
court.
The
juvenile
court
shall
designate
the
petitioner
and
15
respondent
for
the
purposes
of
the
order.
Upon
receipt
of
the
16
order
by
the
district
court,
the
clerk
of
the
district
court
17
shall
docket
the
case.
Filing
fees
and
other
court
costs
shall
18
not
be
assessed
against
the
parties.
19
The
district
court
shall
take
judicial
notice
of
the
20
juvenile
file
in
any
hearing
related
to
the
case.
Records
21
contained
in
the
district
court
case
file
that
were
copied
or
22
transferred
from
the
juvenile
court
file
concerning
the
case
23
are
subject
to
the
confidentiality
provisions
of
Code
chapter
24
232
for
cases
not
involving
juvenile
delinquency,
and
shall
be
25
disclosed,
upon
request,
to
the
child
support
recovery
unit
26
without
a
court
order.
27
If
paternity
testing
is
completed
and
the
established
father
28
is
not
excluded
as
the
biological
father
of
the
child,
the
29
court
shall
find
the
established
father
to
be
the
biological
30
father
of
the
child
and
a
necessary
party
to
the
action.
The
31
provisions
of
the
bill
are
not
to
be
construed
to
require
32
appointment
of
counsel
for
the
parties
in
the
district
court
33
action.
34
The
bill
also
establishes
the
criteria
under
Code
section
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600B.41A
(actions
to
overcome
paternity
——
applicability
——
1
conditions)
specific
to
an
action
under
the
jurisdiction
of
2
the
juvenile
court
to
overcome
paternity
in
a
child
in
need
of
3
assistance
proceeding.
4
The
bill
makes
conforming
changes
throughout
the
Code
5
relating
to
legally
establishing
paternity
and
under
Code
6
section
602.6306
(jurisdiction,
procedure,
appeals)
relating
to
7
the
jurisdiction
of
district
associate
judges
when
designated
8
as
a
judge
of
the
juvenile
court,
to
include
the
overcoming
of
9
paternity
proceedings
created
in
the
bill.
10
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