Bill Text: IA SF2316 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the grounds for termination of parental rights. (Formerly SSB 3111.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-03-13 - Referred to Judiciary. S.J. 551. [SF2316 Detail]
Download: Iowa-2013-SF2316-Introduced.html
Senate
File
2316
-
Introduced
SENATE
FILE
2316
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3111)
A
BILL
FOR
An
Act
relating
to
the
grounds
for
termination
of
parental
1
rights.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
600A.8,
Code
2014,
is
amended
to
read
as
1
follows:
2
600A.8
Grounds
for
termination.
3
The
juvenile
court
shall
base
its
findings
and
order
under
4
section
600A.9
on
clear
and
convincing
proof.
The
following
5
shall
be,
either
separately
or
jointly,
grounds
for
ordering
6
termination
of
parental
rights:
7
1.
A
parent
has
signed
a
release
of
custody
pursuant
to
8
section
600A.4
and
the
release
has
not
been
revoked.
9
2.
A
parent
has
petitioned
for
the
parent’s
termination
of
10
parental
rights
pursuant
to
section
600A.5
.
11
3.
The
parent
has
abandoned
the
child.
For
the
purposes
of
12
this
subsection
,
a
parent
is
deemed
to
have
abandoned
a
child
13
as
follows:
14
a.
(1)
If
the
child
is
less
than
six
months
of
age
15
when
the
termination
hearing
is
held,
a
parent
is
deemed
to
16
have
abandoned
the
child
unless
the
parent
does
all
of
the
17
following:
18
(a)
Demonstrates
a
willingness
to
assume
custody
of
the
19
child
rather
than
merely
objecting
to
the
termination
of
20
parental
rights.
21
(b)
Takes
prompt
action
to
establish
a
parental
22
relationship
with
the
child.
23
(c)
Demonstrates,
through
actions,
a
commitment
to
the
24
child.
25
(2)
In
determining
whether
the
requirements
of
this
26
paragraph
“a”
are
met,
the
court
may
consider
all
of
the
27
following:
28
(a)
The
fitness
and
ability
of
the
parent
in
personally
29
assuming
custody
of
the
child,
including
a
personal
and
30
financial
commitment
which
is
timely
demonstrated.
31
(b)
Whether
efforts
made
by
the
parent
in
personally
32
assuming
custody
of
the
child
are
substantial
enough
to
evince
33
a
settled
purpose
to
personally
assume
all
parental
duties.
34
(c)
With
regard
to
a
putative
father,
whether
the
putative
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father
publicly
acknowledged
paternity
or
held
himself
out
to
1
be
the
father
of
the
child
during
the
six
continuing
months
2
immediately
prior
to
the
termination
proceeding.
3
(d)
With
regard
to
a
putative
father,
whether
the
putative
4
father
paid
a
fair
and
reasonable
sum,
in
accordance
with
the
5
putative
father’s
means,
for
medical,
hospital,
and
nursing
6
expenses
incurred
in
connection
with
the
mother’s
pregnancy
or
7
with
the
birth
of
the
child,
or
whether
the
putative
father
8
demonstrated
emotional
support
as
evidenced
by
the
putative
9
father’s
conduct
toward
the
mother.
10
(e)
Any
measures
taken
by
the
parent
to
establish
legal
11
responsibility
for
the
child.
12
(f)
Any
other
factors
evincing
a
commitment
to
the
child.
13
b.
If
the
child
is
six
months
of
age
or
older
when
the
14
termination
hearing
is
held,
a
parent
is
deemed
to
have
15
abandoned
the
child
unless
the
parent
maintains
substantial
and
16
continuous
or
repeated
contact
with
the
child
as
demonstrated
17
by
contribution
toward
support
of
the
child
of
a
reasonable
18
amount,
according
to
the
parent’s
means,
and
as
demonstrated
19
by
any
of
the
following:
20
(1)
Visiting
the
child
at
least
monthly
when
physically
and
21
financially
able
to
do
so
and
when
not
prevented
from
doing
so
22
by
the
person
having
lawful
custody
of
the
child.
23
(2)
Regular
communication
with
the
child
or
with
the
person
24
having
the
care
or
custody
of
the
child,
when
physically
and
25
financially
unable
to
visit
the
child
or
when
prevented
from
26
visiting
the
child
by
the
person
having
lawful
custody
of
the
27
child.
28
(3)
Openly
living
with
the
child
for
a
period
of
six
29
months
within
the
one-year
period
immediately
preceding
the
30
termination
of
parental
rights
hearing
and
during
that
period
31
openly
holding
himself
or
herself
out
to
be
the
parent
of
the
32
child.
33
c.
The
subjective
intent
of
the
parent,
whether
expressed
34
or
otherwise,
unsupported
by
evidence
of
acts
specified
in
35
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paragraph
“a”
or
“b”
manifesting
such
intent,
does
not
preclude
1
a
determination
that
the
parent
has
abandoned
the
child.
In
2
making
a
determination,
the
court
shall
not
require
a
showing
3
of
diligent
efforts
by
any
person
to
encourage
the
parent
to
4
perform
the
acts
specified
in
paragraph
“a”
or
“b”
.
In
making
5
a
determination
regarding
a
putative
father,
the
court
may
6
consider
the
conduct
of
the
putative
father
toward
the
child’s
7
mother
during
the
pregnancy.
Demonstration
of
a
commitment
to
8
the
child
is
not
met
by
the
putative
father
marrying
the
mother
9
of
the
child
after
adoption
of
the
child.
10
4.
A
parent
has
been
ordered
to
contribute
to
the
support
11
of
the
child
or
financially
aid
in
the
child’s
birth
and
has
12
failed
to
do
so
without
good
cause.
13
5.
A
parent
does
not
object
to
the
termination
after
having
14
been
given
proper
notice
and
the
opportunity
to
object.
15
6.
A
parent
does
not
object
to
the
termination
although
16
every
reasonable
effort
has
been
made
to
identify,
locate
and
17
give
notice
to
that
parent
as
required
in
section
600A.6
.
18
7.
An
adoptive
parent
requests
termination
of
parental
19
rights
and
the
parent-child
relationship
based
upon
a
showing
20
that
the
adoption
was
fraudulently
induced
in
accordance
with
21
the
procedures
set
out
in
section
600A.9,
subsection
3
.
22
8.
Both
of
the
following
circumstances
apply
to
a
parent:
23
a.
The
parent
has
been
determined
to
be
a
person
with
a
24
substance-related
disorder
as
defined
in
section
125.2
and
25
the
The
parent
has
committed
been
convicted
of
a
second
or
26
subsequent
domestic
abuse
assault
pursuant
to
section
708.2A
.
27
b.
9.
The
parent
has
abducted
the
child,
has
improperly
28
removed
the
child
from
the
physical
custody
of
the
person
29
entitled
to
custody
without
the
consent
of
that
person,
or
has
30
improperly
retained
the
child
after
a
visit
or
other
temporary
31
relinquishment
of
physical
custody.
32
9.
10.
The
parent
has
been
imprisoned
for
a
crime
against
33
the
child,
the
child’s
sibling,
or
another
child
in
the
34
household,
or
the
has
been
convicted
of
a
felony
offense
35
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that
is
a
sex
offense
against
a
minor
as
defined
in
section
1
692A.101.
2
11.
The
parent
has
been
convicted
of
first
degree
murder
in
3
the
murder
of
the
child’s
other
parent.
4
12.
The
parent
has
been
convicted
of
a
crime
of
sexual
abuse
5
as
defined
in
chapter
709.
6
13.
The
parent
has
been
convicted
of
any
other
forcible
7
felony
of
such
a
nature
as
to
indicate
the
unfitness
of
the
8
parent
to
provide
adequate
care
and
support
to
the
extent
9
necessary
for
the
child’s
physical,
mental,
or
emotional
health
10
and
development.
11
14.
The
parent
has
been
imprisoned
and
it
is
unlikely
that
12
the
parent
will
be
released
from
prison
for
a
period
of
five
or
13
more
years.
14
10.
The
parent
has
been
convicted
of
a
felony
offense
15
that
is
a
sex
offense
against
a
minor
as
defined
in
section
16
692A.101
,
the
parent
is
divorced
from
or
was
never
married
17
to
the
minor’s
other
parent,
and
the
parent
is
serving
a
18
minimum
sentence
of
confinement
of
at
least
five
years
for
that
19
offense.
20
15.
The
parent
has
neglected
the
child
or
is
unfit
to
be
a
21
parent.
In
determining
whether
the
parent
has
neglected
the
22
child
or
is
unfit,
the
court
shall
consider
whether
the
parent
23
has
a
consistent
pattern
of
specific
conduct
or
a
specific
24
condition
directly
relating
to
the
parent-child
relationship
25
which
is
determined
by
the
court
to
be
of
a
duration
or
nature
26
that
renders
the
parent
unable,
for
the
reasonably
foreseeable
27
future,
to
provide
the
appropriate
care
and
support
for
the
28
ongoing
physical,
mental,
or
emotional
needs
of
the
child.
29
The
court
shall
consider
at
a
minimum
the
following
specific
30
conduct
or
conditions
which
may
result
in
neglect
or
diminished
31
fitness
as
a
parent:
32
a.
A
medically-verifiable
emotional
illness,
mental
illness,
33
mental
deficiency,
or
substance-related
disorder
as
defined
in
34
section
125.2.
35
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b.
Prior
conviction
of
child
endangerment
or
neglect
of
the
1
child,
the
child’s
sibling,
or
another
child
in
the
household.
2
c.
Repeated
or
continuous
failure
by
the
parent,
although
3
physically
and
financially
able,
to
provide
the
child
with
4
adequate
food,
clothing,
shelter,
education,
or
other
care
5
and
support
necessary
for
the
child’s
physical,
mental,
or
6
emotional
health
and
development.
7
d.
The
termination
of
the
parent’s
parental
rights
to
8
another
child.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
the
grounds
for
termination
of
parental
13
rights.
14
The
bill
amends
the
existing
ground
requiring
that
15
the
parent
has
both
been
determined
to
be
a
person
with
a
16
substance-related
disorder
as
defined
in
Code
section
125.2
and
17
has
committed
a
second
or
subsequent
domestic
abuse
assault,
18
to
require
only
that
the
parent
has
been
convicted
of
a
second
19
or
subsequent
domestic
abuse
assault.
The
existence
of
a
20
substance-related
disorder
is
later
included
in
a
ground
21
relating
to
the
fitness
of
the
parent.
22
The
bill
divides
the
existing
ground
which
provides
that
23
the
parent
has
been
imprisoned
for
a
crime
against
the
child,
24
the
child’s
sibling,
or
another
child
in
the
household,
or
the
25
parent
has
been
imprisoned
and
it
is
unlikely
that
the
parent
26
will
be
released
from
prison
for
a
period
of
five
or
more
years
27
into
two
separate
grounds.
28
The
bill
amends
the
existing
ground
which
requires
that
the
29
parent
has
been
convicted
of
a
felony
offense
that
is
a
sex
30
offense
against
a
minor,
the
parent
is
divorced
from
or
was
31
never
married
to
the
minor’s
other
parent,
and
the
parent
is
32
serving
a
minimum
sentence
of
confinement
of
at
least
five
33
years
for
that
offense,
by
deleting
the
conditions
that
the
34
parent
is
divorced
from
or
was
never
married
to
the
minor’s
35
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other
parent
and
that
the
parent
is
serving
a
minimum
sentence
1
of
confinement
of
at
least
five
years,
and
instead
combining
2
the
ground
that
the
parent
has
been
convicted
of
a
felony
3
offense
that
is
a
sex
offense
against
a
minor
with
other
4
divisible
grounds
that
relate
to
crimes
against
a
child.
5
The
bill
adds
the
following
new
grounds
for
termination
6
of
parental
rights:
the
parent
has
been
convicted
of
first
7
degree
murder
in
the
murder
of
the
child’s
other
parent;
the
8
parent
has
been
convicted
of
a
crime
of
sexual
abuse
as
defined
9
in
Code
chapter
709;
the
parent
has
been
convicted
of
any
10
other
forcible
felony
of
such
a
nature
as
to
indicate
the
11
unfitness
of
the
parent
to
provide
adequate
care
and
support
12
to
the
extent
necessary
for
the
child’s
physical,
mental,
or
13
emotional
health
and
development;
and
the
parent
has
neglected
14
the
child
or
is
unfit
to
be
a
parent.
The
bill
provides
that
15
in
determining
whether
the
parent
has
neglected
the
child
or
16
is
unfit,
the
court
shall
consider
whether
the
parent
has
a
17
consistent
pattern
of
specific
conduct
or
a
specific
condition
18
directly
relating
to
the
parent-child
relationship
which
is
19
determined
by
the
court
to
be
of
a
duration
or
nature
that
20
renders
the
parent
unable,
for
the
reasonably
foreseeable
21
future,
to
provide
the
appropriate
care
and
support
for
the
22
ongoing
physical,
mental,
or
emotional
needs
of
the
child.
23
The
bill
specifies
certain
conduct
or
conditions
that
the
24
court
shall
consider
in
determining
neglect
or
diminished
25
fitness
as
a
parent.
Such
conduct
and
conditions
include:
26
a
medically-verifiable
emotional
illness,
mental
illness,
27
mental
deficiency,
or
substance-related
disorder
as
defined
in
28
Code
section
125.2;
prior
conviction
of
child
endangerment
or
29
neglect
of
the
child,
the
child’s
sibling,
or
another
child
in
30
the
household
repeated
or
continuous
failure
by
the
parent,
31
although
physically
and
financially
able,
to
provide
the
child
32
with
adequate
food,
clothing,
shelter,
education,
or
other
33
care
and
support
necessary
for
the
child’s
physical,
mental,
34
or
emotional
health
and
development;
or
the
termination
of
the
35
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