Bill Text: IA SF360 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the rights of certain individuals to petition the court for visitation of certain elder or dependent adult relatives.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-03 - Subcommittee, Hogg, Horn, and Zaun. S.J. 429. [SF360 Detail]
Download: Iowa-2015-SF360-Introduced.html
Senate File 360 - Introduced SENATE FILE BY ZAUN A BILL FOR 1 An Act relating to the rights of certain individuals to 2 petition the court for visitation of certain elder or 3 dependent adult relatives. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2364XS (3) 86 pf/nh PAG LIN 1 1 Section 1. NEW SECTION. 235G.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Court" means the district court. 1 5 2. "Dependent adult" means the same as defined in section 1 6 235B.2. 1 7 3. "Elder" means a person sixty years of age or older. 1 8 4. "Health care facility" means the same as defined in 1 9 section 135C.1. 1 10 5. "Isolation" means an intentional act committed for the 1 11 purpose of social deprivation of a dependent adult or elder or 1 12 to prevent a dependent adult or elder from having contact with 1 13 visitors, family, friends, or concerned persons. 1 14 6. "Petitioner" means a person who is an adult relative 1 15 within the first degree of consanguinity of the proposed 1 16 visitee. 1 17 7. "Proposed visitee" means an elder or dependent adult 1 18 who is under the care or control of the respondent, is not a 1 19 resident of a health care facility, and is not a ward for whom a 1 20 guardianship or conservatorship has been established. 1 21 8. "Respondent" means the person who is alleged to be 1 22 isolating the proposed visitee. 1 23 9. "Visitation" means any in=person meeting between a 1 24 proposed visitee and the petitioner. 1 25 10. "Visitation order" means an order enjoining a party from 1 26 keeping the proposed visitee in isolation from contact with the 1 27 petitioner that is issued by a court after notice and hearing. 1 28 Sec. 2. NEW SECTION. 235G.2 Visitation procedure. 1 29 1. A petitioner may petition the court for visitation of a 1 30 proposed visitee. 1 31 2. Venue for any action to establish, enforce, or modify 1 32 visitation under this section shall be in the county where the 1 33 proposed visitee resides or is temporarily living. 1 34 3. Notice of any hearing to establish, enforce, or modify 1 35 visitation under this chapter and a copy of the petition shall 2 1 be personally served upon the respondent and the proposed 2 2 visitee at least twenty days prior to the hearing. The notice 2 3 shall inform the proposed visitee and the respondent whether 2 4 the proposed visitee is required to appear at the hearing and 2 5 how to request the appointment of an attorney if the proposed 2 6 visitee is unable to retain an attorney. 2 7 4. If the proposed visitee requests the appointment of 2 8 an attorney, the court may appoint an attorney to represent 2 9 the interests of the proposed visitee at the hearing on the 2 10 petition if the court determines the appointment would be 2 11 helpful to the resolution of the matter or is necessary to 2 12 protect the interests of the proposed visitee. 2 13 5. The court shall schedule an evidentiary hearing on the 2 14 petition within sixty days from the date the petition is filed. 2 15 6. The respondent may file a response to the petition 2 16 that explains or denies the alleged isolation of the proposed 2 17 visitee at any time at least ten days prior to the hearing 2 18 date. 2 19 7. The court shall enter an order only after notice and 2 20 hearing and shall not issue an ex parte order under this 2 21 section. 2 22 8. The court may grant visitation under this chapter if the 2 23 petitioner demonstrates all of the following by a preponderance 2 24 of the evidence: 2 25 a. The respondent's prior acts of isolation of the proposed 2 26 visitee prevented contact with the petitioner. 2 27 b. The proposed visitee desires contact with the petitioner. 2 28 c. There are no prior protective orders issued against the 2 29 petitioner to protect the proposed visitee. 2 30 9. The court shall not order visitation under this section 2 31 unless the proposed visitee agrees to such visitation. 2 32 10. An order entered under this section may specify the 2 33 frequency, time, place, location, and any other terms or 2 34 conditions of visitation, including whether visitation by the 2 35 petitioner should be limited to supervised situations in which 3 1 a third party specified by the court is present. 3 2 11. An order entered under this section shall be limited 3 3 in duration to five years or less, and subject to termination, 3 4 modification, or renewal by further order of the court. A 3 5 request for renewal may be brought at any time within three 3 6 months prior to the expiration of the order. 3 7 12. The court may award the prevailing party court costs 3 8 and attorney fees in an action brought under this section. The 3 9 proposed visitee shall not be required to pay court costs or 3 10 attorney fees under this section. 3 11 EXPLANATION 3 12 The inclusion of this explanation does not constitute agreement with 3 13 the explanation's substance by the members of the general assembly. 3 14 This bill provides a procedure for a person who is an adult 3 15 relative within the first degree of consanguinity of a proposed 3 16 visitee to petition for visitation of the proposed visitee. 3 17 Under the bill, a proposed visitee is an elder or dependent 3 18 adult who is under the care or control of a respondent, is not 3 19 a resident of a health care facility, and is not a ward for 3 20 whom a guardianship or conservatorship has been established. 3 21 A respondent is a person who is alleged to be isolating the 3 22 proposed visitee. 3 23 The bill provides for venue, provision of notice, the 3 24 appointment of an attorney for the proposed visitee, and the 3 25 scheduling of an evidentiary hearing within 60 days of the 3 26 filing of the petition for visitation. A respondent may file a 3 27 response to the petition that explains or denies the alleged 3 28 isolation of the proposed visitee at any time at least 10 days 3 29 prior to the hearing date. The court may only enter an order 3 30 for visitation after notice and hearing and cannot enter an ex 3 31 parte order. The court may grant visitation if the petitioner 3 32 demonstrates by a preponderance of the evidence that the 3 33 respondent's prior acts of isolation of the proposed visitee 3 34 prevented contact with the petitioner, that the proposed 3 35 visitee desires contact with the petitioner, and that there 4 1 are no prior protective orders issued against the petitioner 4 2 to protect the proposed visitee. Additionally, the court may 4 3 only order visitation if the proposed visitee agrees to such 4 4 visitation. The order may specify the frequency, time, place, 4 5 location, and any other terms or conditions of visitation, 4 6 including whether visitation by the petitioner should be 4 7 limited to supervised situations in which a third party 4 8 specified by the court is present. An order is limited in 4 9 duration to five years or less, and is subject to termination, 4 10 modification, or renewal by further order of the court. A 4 11 request for renewal may be brought at any time within three 4 12 months prior to the expiration of the order. The court may 4 13 award the prevailing party court costs and attorney fees, but 4 14 cannot require the proposed visitee to pay court costs or 4 15 attorney fees. LSB 2364XS (3) 86 pf/nh
