Bill Text: IA SF328 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the modification of a bridge order issued pursuant to a previous child in need of assistance case.(Formerly SSB 1066.)
Spectrum: Committee Bill
Status: (Introduced) 2023-05-03 - Withdrawn. S.J. 1039. [SF328 Detail]
Download: Iowa-2023-SF328-Introduced.html
Senate
File
328
-
Introduced
SENATE
FILE
328
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1066)
A
BILL
FOR
An
Act
relating
to
the
modification
of
a
bridge
order
issued
1
pursuant
to
a
previous
child
in
need
of
assistance
case.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
232.103B
Child
in
need
of
1
assistance
cases
——
transfer
of
jurisdiction
pursuant
to
bridge
2
modification
order.
3
1.
A
juvenile
court
may
close
a
child
in
need
of
assistance
4
case
by
returning
jurisdiction
of
the
child’s
custody
to
the
5
district
court
through
an
order
modifying
issues
of
legal
6
custody,
physical
care,
and
parenting
time
if
all
of
the
7
following
criteria
have
been
met:
8
a.
The
child
has
been
adjudicated
a
child
in
need
of
9
assistance
in
an
active
juvenile
court
case,
and
a
permanency
10
order
is
in
place
in
that
case.
11
b.
Legal
paternity
has
been
established
for
the
child.
12
c.
The
child
is
safely
unified
with
a
parent.
13
d.
The
district
court
has
issued
an
order
concerning
14
custody,
physical
care,
and
parenting
time
regarding
the
child
15
and
the
order
is
in
place
at
the
time
of
the
filing
of
the
child
16
in
need
of
assistance
petition.
17
e.
The
juvenile
court
has
determined
that
the
child
in
need
18
of
assistance
case
can
safely
close
when
the
modified
district
19
court
order
for
custody,
physical
care,
and
parenting
time
is
20
in
place.
21
f.
Either
parent
has
qualified
for
a
court-appointed
22
attorney
in
the
juvenile
case.
23
2.
When
the
criteria
specified
in
subsection
1
are
met,
any
24
party
to
a
child
in
need
of
assistance
proceeding
in
juvenile
25
court
may
file
a
motion
with
the
juvenile
court
for
a
bridge
26
modification
order
as
described
in
subsection
1.
Such
motion
27
shall
be
set
for
hearing
by
the
juvenile
court
no
less
than
28
thirty
days
but
not
more
than
ninety
days
from
the
date
of
29
filing
of
the
motion.
The
juvenile
court,
on
its
own
motion,
30
may
set
a
hearing
on
the
issue
of
the
bridge
modification
order
31
if
such
hearing
is
set
no
less
than
thirty
days
from
the
date
of
32
notice
to
the
parties.
33
3.
Bridge
modification
orders
shall
only
address
legal
34
custody,
physical
care,
and
parenting
time.
All
other
matters,
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including
child
support,
shall
be
filed
by
separate
petition
1
in
district
court,
and
shall
be
subject
to
existing
statutory
2
requirements.
3
4.
Upon
transferring
Jurisdiction,
the
clerk
of
court
shall
4
docket
the
bridge
modification
order
in
the
current
district
5
court
custodial
order
court
file.
The
clerk
of
court
shall
6
not
assess
any
filing
fees
or
other
court
costs.
The
juvenile
7
court
shall
follow
the
previously
designated
listing
of
the
8
parties
as
petitioner
and
as
respondent
for
the
purposes
of
the
9
bridge
modification
order.
10
5.
The
district
court
shall
take
judicial
notice
of
the
11
current
child
in
of
assistance
case
related
to
the
bridge
12
modification
order,
as
well
as
any
prior
child
in
need
of
13
assistance
cases
relating
to
any
prior
bridge
orders
in
any
14
hearing
related
to
the
case.
Records
that
are
copied
or
15
transferred
from
the
juvenile
court
file
shall
be
subject
to
16
section
232.147
and
other
confidentiality
provisions
of
this
17
chapter
for
cases
not
involving
juvenile
delinquency.
Such
18
documents
shall
be
disclosed,
upon
request,
to
the
child
19
support
recovery
unit
without
a
court
order,
subject
to
any
20
statutory
confidentiality
provisions.
21
6.
Nothing
in
this
section
shall
be
construed
to
require
the
22
appointment
of
counsel
for
the
parties
in
the
district
court
23
action.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
ability
of
a
juvenile
court
to
28
close
a
child
in
need
of
assistance
(CINA)
case
by
transferring
29
jurisdiction
through
modification
of
a
bridge
order
issued
30
pursuant
to
a
previous
CINA
case.
31
Under
current
law,
a
juvenile
court
may
close
a
CINA
case
32
by
issuing
a
bridge
order
that
would
transfer
jurisdiction
to
33
the
district
court.
If
the
child
is
subject
to
a
subsequent
34
CINA
case,
the
juvenile
court
is
required
to
issue
a
new
order
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for
the
case
and
the
court
would
have
to
rescind
the
previous
1
bridge
order.
The
bill
provides
that
if
a
bridge
order
2
currently
exists
for
a
child
in
a
CINA
case,
a
juvenile
court
3
may
close
a
CINA
case
by
returning
jurisdiction
of
the
child’s
4
custody
to
the
district
court
through
an
order
modifying
issues
5
of
legal
custody,
physical
care,
and
parenting
time
if
the
6
child
has
been
adjudicated
a
CINA
in
an
active
juvenile
court
7
case,
and
a
permanency
order
is
in
place
in
that
case;
legal
8
paternity
has
been
established
for
the
child;
the
child
is
9
safely
unified
with
a
parent;
the
district
court
has
issued
an
10
order
concerning
custody,
physical
care,
and
parenting
time
11
regarding
the
child
and
the
order
is
in
place
at
the
time
of
the
12
filing
of
the
CINA
petition;
the
juvenile
court
has
determined
13
that
the
CINA
case
can
safely
close
when
the
modified
district
14
court
order
for
custody,
physical
care,
and
parenting
time
is
15
in
place;
and
either
parent
has
qualified
for
a
court
appointed
16
attorney
in
the
juvenile
case.
17
When
all
of
the
criteria
as
described
in
the
bill
are
met,
18
the
bill
allows
any
party
to
a
CINA
proceeding
in
juvenile
19
court
to
file
a
motion
with
the
juvenile
court
for
a
bridge
20
modification
order
to
return
jurisdiction
to
the
district
court
21
and
close
the
CINA
case.
The
bill
requires
such
a
motion
to
be
22
set
for
hearing
by
the
juvenile
court
no
less
than
30
days
but
23
not
more
than
90
days
from
the
date
of
filing
of
the
motion.
24
The
juvenile
court,
on
its
own
motion,
may
set
a
hearing
on
the
25
issue
of
the
bridge
modification
order
if
such
hearing
is
set
26
no
less
than
30
days
from
the
date
of
notice
to
the
parties.
27
The
bill
limits
bridge
modification
orders
to
only
address
28
matters
of
legal
custody,
physical
care,
and
parenting
time.
29
All
other
matters,
including
child
support,
shall
be
filed
by
30
separate
petition
in
district
court
and
shall
be
subject
to
31
existing
statutory
requirements.
32
The
bill
requires
the
clerk
of
court,
upon
receiving
33
jurisdiction
of
a
transferred
CINA
case,
to
docket
the
bridge
34
modification
order
in
the
current
district
court
custodial
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order
court
file.
The
bill
prohibits
the
clerk
of
court
from
1
assessing
any
filing
fees
or
other
court
costs.
The
bill
2
requires
the
juvenile
court
to
follow
the
previously
designated
3
listing
of
the
parties
as
petitioner
and
as
respondent
for
the
4
purposes
of
the
bridge
modification
order.
5
The
bill
requires
the
district
court
to
take
judicial
notice
6
of
the
CINA
case
related
to
the
bridge
modification
order,
7
as
well
as
any
prior
CINA
cases
relating
to
any
prior
bridge
8
orders
in
any
hearing
related
to
the
case.
Records
that
are
9
copied
or
transferred
from
the
juvenile
court
file
shall
be
10
subject
to
Code
chapter
232
(juvenile
justice)
confidentiality
11
provisions
for
cases
not
involving
juvenile
delinquency.
The
12
bill
requires
such
documents
to
be
disclosed,
upon
request,
to
13
the
child
support
recovery
unit
without
a
court
order,
subject
14
to
any
statutory
confidentiality
provisions.
15
The
bill
does
not
require
the
appointment
of
counsel
for
the
16
parties
in
the
district
court
action.
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