Bill Text: IA SF421 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing for the reinstatement of parental rights of a former parent under certain circumstances. (See SF 545, SF 2336.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-07 - Committee report approving bill, renumbered as SF 545. S.J. 509. [SF421 Detail]
Download: Iowa-2019-SF421-Introduced.html
Senate
File
421
-
Introduced
SENATE
FILE
421
BY
EDLER
A
BILL
FOR
An
Act
providing
for
the
reinstatement
of
parental
rights
of
a
1
former
parent
under
certain
circumstances.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
232.121
Reinstatement
of
parental
1
rights.
2
1.
A
child,
the
child’s
guardian
ad
litem,
the
department,
3
or
an
agency
or
person
to
whom
guardianship
and
custody
of
the
4
child
has
been
transferred
following
termination
of
parental
5
rights
of
a
parent
under
section
232.117,
may
petition
the
6
juvenile
court
to
reinstate
the
parental
rights
of
the
child’s
7
former
parent
if
all
of
the
following
circumstances
exist,
8
making
the
child
an
eligible
child
for
purposes
of
this
9
section:
10
a.
The
child
was
previously
found
to
be
a
child
in
need
of
11
assistance
under
this
chapter.
12
b.
The
child’s
former
parent’s
parental
rights
were
13
terminated
in
a
proceeding
under
this
chapter.
14
c.
The
child
has
not
been
adopted
and
the
child
has
not
15
achieved
the
goals
of
the
child’s
case
permanency
plan.
16
d.
At
least
two
years
have
passed
since
the
final
order
of
17
termination
of
parental
rights
was
entered.
18
e.
The
child
is
at
least
twelve
years
old
at
the
time
the
19
petition
is
filed.
However,
upon
the
child’s
motion
for
good
20
cause
shown,
or
on
the
court’s
own
motion,
the
court
may
hear
a
21
petition
filed
on
behalf
of
a
child
younger
than
twelve
years
22
old.
23
2.
a.
If
a
child
meets
the
criteria
of
an
eligible
24
child
under
subsection
1,
the
child’s
guardian
ad
litem,
25
the
department,
or
an
agency
or
person
to
whom
guardianship
26
and
custody
of
the
child
has
been
transferred
under
section
27
232.117,
shall
notify
the
child
of
the
child’s
right
to
28
petition
the
court
for
the
reinstatement.
29
b.
If
the
former
parent
whose
rights
were
previously
30
terminated
contacts
the
child’s
guardian
ad
litem,
the
31
department,
or
the
agency
or
other
person
to
whom
guardianship
32
and
custody
of
the
child
has
been
transferred
under
section
33
232.117,
and
the
child
is
eligible
pursuant
to
subsection
1,
34
the
guardian
ad
litem,
department,
agency,
or
other
person
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shall
notify
the
eligible
child
of
the
child’s
right
to
1
petition
the
court
for
the
reinstatement.
2
3.
If
a
child
seeking
to
petition
for
reinstatement
of
3
parental
rights
under
this
section
does
not
have
a
guardian
4
ad
litem
or
attorney,
the
court
shall
appoint
a
guardian
ad
5
litem
and
counsel
for
the
child
at
no
cost
to
the
child.
If
a
6
guardian
ad
litem
has
previously
been
appointed
for
the
child
7
in
a
proceeding
under
this
chapter,
the
same
person
may
serve
8
both
as
the
child’s
counsel
and
as
guardian
ad
litem.
However,
9
the
court
may
appoint
a
separate
guardian
ad
litem
if
the
same
10
person
cannot
properly
represent
the
legal
interests
of
the
11
child
as
legal
counsel
and
also
represent
the
best
interest
of
12
the
child
as
guardian
ad
litem.
13
4.
The
petition
must
be
signed
by
the
child
unless
good
14
cause
is
shown
as
to
why
the
child
is
unable
to
do
so.
The
15
former
parent
for
whom
reinstatement
of
parental
rights
is
16
sought
must
consent
in
writing
to
the
petition.
17
5.
If,
after
a
threshold
hearing
to
consider
the
parent’s
18
apparent
fitness
and
interest
in
the
reinstatement
of
parental
19
rights,
the
court
finds
by
a
preponderance
of
the
evidence
20
that
the
best
interest
of
the
child
may
be
served
by
the
21
reinstatement
of
parental
rights,
the
court
shall
order
that
a
22
hearing
on
the
merits
of
the
petition
be
held.
23
6.
Before
a
hearing
is
held
on
the
merits
of
the
petition,
24
notice
shall
be
provided
to
the
child’s
guardian
ad
litem,
the
25
department,
the
agency
or
other
person
to
whom
guardianship
26
and
custody
of
the
child
has
been
transferred
under
section
27
232.117,
the
child’s
attorney,
the
child,
the
child’s
former
28
parent
whose
parental
rights
are
the
subject
of
the
petition,
29
any
parent
whose
rights
have
not
been
terminated,
the
child’s
30
current
foster
parent,
the
child’s
relative
caregiver,
and
the
31
child’s
tribe,
if
applicable.
Notice
shall
be
provided
in
the
32
same
manner
as
in
section
232.37.
33
7.
The
court
shall
conditionally
grant
the
petition
if
the
34
court
finds
by
clear
and
convincing
evidence
that
the
child
has
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not
been
adopted,
has
not
achieved
the
goals
of
the
child’s
1
case
permanency
plan,
and
is
not
imminently
likely
to
achieve
2
such
goals,
and
that
reinstatement
of
parental
rights
is
in
the
3
child’s
best
interest.
In
determining
whether
reinstatement
is
4
in
the
child’s
best
interest
the
court
shall
consider,
but
is
5
not
limited
to
considering,
all
of
the
following:
6
a.
Whether
the
former
parent
whose
rights
are
to
be
7
reinstated
is
a
fit
parent
and
has
remedied
the
parent’s
8
deficits
as
provided
in
the
record
of
the
prior
termination
9
proceedings
and
prior
termination
order.
10
b.
Whether
the
former
parent
whose
rights
are
to
be
11
reinstated
understands
the
legal
obligations,
rights,
and
12
consequences
of
the
reinstatement
of
parental
rights
and
is
13
willing
and
able
to
accept
such
obligations,
rights,
and
14
consequences.
15
c.
The
age
and
maturity
of
the
child,
and
the
ability
of
the
16
child
to
express
the
child’s
preference.
17
d.
Whether
the
reinstatement
of
parental
rights
will
present
18
a
risk
to
the
child’s
health,
welfare,
or
safety.
19
e.
Other
material
changes
in
circumstances,
if
any,
that
may
20
have
occurred
which
warrant
the
granting
of
the
petition.
21
8.
In
determining
whether
the
child
has
or
has
not
achieved
22
the
goals
of
the
child’s
case
permanency
plan
or
whether
the
23
child
is
imminently
likely
to
achieve
the
goals
of
the
child’s
24
case
permanency
plan,
the
department,
or
the
agency
or
other
25
person
to
whom
guardianship
and
custody
of
the
child
has
been
26
transferred
under
section
232.117,
shall
provide
the
court,
and
27
the
court
shall
review,
information
related
to
any
efforts
to
28
achieve
the
goals
of
the
case
permanency
plan
including
efforts
29
to
achieve
adoption
or
a
permanent
placement.
30
9.
a.
If
the
court
conditionally
grants
the
petition
under
31
subsection
7,
the
case
shall
be
continued
for
six
months
and
a
32
temporary
order
of
reinstatement
entered.
During
this
period,
33
the
child
shall
be
placed
in
the
custody
of
the
former
parent.
34
The
department
or
agency
shall
develop
a
case
permanency
plan
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for
the
child
reflecting
reunification
and
shall
provide
1
transition
services
to
the
family,
as
appropriate.
2
b.
If
the
child
must
be
removed
from
the
former
parent
due
3
to
allegations
of
abuse
or
neglect
prior
to
the
expiration
4
of
the
conditional
six-month
period,
the
court
shall
dismiss
5
the
petition
for
reinstatement
of
parental
rights
if
the
court
6
finds
the
allegations
have
been
proven
by
a
preponderance
of
7
the
evidence.
8
10.
At
the
end
of
the
six-month
period,
the
court
shall
hold
9
a
hearing
and
order
one
of
the
following:
10
a.
If
the
placement
with
the
former
parent
has
been
11
successful,
the
court
shall
enter
a
final
order
of
12
reinstatement
of
parental
rights,
which
shall
restore
all
13
rights,
powers,
privileges,
immunities,
duties,
and
obligations
14
of
the
parent
as
to
the
child,
including
those
relating
15
to
custody,
control,
and
support
of
the
child.
The
court
16
shall
vacate
the
dispositional
order
in
the
child
in
need
17
of
assistance
proceeding
and
direct
the
clerk’s
office
to
18
provide
a
certified
copy
of
the
final
order
of
reinstatement
of
19
parental
rights
to
the
parent
at
no
cost.
20
b.
If
the
placement
with
the
former
parent
has
not
been
21
successful,
the
court
shall
dismiss
the
petition
and
the
22
child’s
case
permanency
plan
shall
remain
in
effect.
23
11.
A
proceeding
to
reinstate
parental
rights
is
a
separate
24
action
from
the
termination
of
parental
rights
proceeding
25
and
does
not
vacate
or
otherwise
affect
the
validity
of
the
26
original
termination
of
parental
rights
order.
An
order
27
granted
under
this
section
reinstates
the
former
parent’s
28
rights
to
the
child.
The
reinstatement
is
a
recognition
that
29
the
situation
of
the
parent
and
child
has
changed
since
the
30
time
of
the
termination
of
parental
rights
and
reunification
31
is
now
appropriate.
32
12.
A
parent
whose
rights
are
reinstated
under
this
33
section
shall
not
be
liable
for
any
child
support
owed
to
the
34
department
or
costs
of
other
services
provided
to
a
child
for
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the
time
period
from
the
date
of
termination
of
parental
rights
1
to
the
date
parental
rights
are
reinstated.
2
13.
This
section
shall
apply
to
any
eligible
child
who
is
3
under
the
jurisdiction
of
the
juvenile
court
at
the
time
of
the
4
hearing
regardless
of
the
date
parental
rights
were
terminated.
5
14.
The
state,
the
department,
or
an
agency
or
other
person
6
or
an
employee
of
such
entities
is
not
liable
for
civil
damages
7
resulting
from
any
act
or
omission
in
the
provision
of
services
8
under
this
section
unless
the
act
or
omission
constitutes
gross
9
negligence.
This
section
does
not
create
any
duty
and
shall
10
not
be
construed
to
create
a
duty
where
none
exists.
This
11
section
does
not
create
a
cause
of
action
against
the
state,
12
the
department,
an
agency,
another
person,
or
the
employees
of
13
such
entities
concerning
the
original
termination.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
provides
for
the
reinstatement
of
parental
rights
18
following
the
granting
of
a
termination
of
parental
rights
19
order,
under
certain
circumstances.
The
bill
provides
that
20
a
child,
the
child’s
guardian
ad
litem
(GAL),
the
department
21
of
human
services
(DHS),
or
an
agency
or
person
to
whom
22
guardianship
and
custody
of
the
child
has
been
transferred
23
following
termination
of
the
parental
rights
of
a
parent,
may
24
petition
the
juvenile
court
(court)
to
reinstate
the
previously
25
terminated
parental
rights
of
the
child’s
former
parent
26
if
certain
circumstances
exist,
making
the
child
eligible
27
to
petition
the
court.
The
circumstances
that
must
exist
28
are:
the
child
was
previously
found
to
be
a
child
in
need
29
of
assistance;
the
child’s
former
parent’s
parental
rights
30
were
terminated
in
a
proceeding
under
the
juvenile
justice
31
chapter
(Code
chapter
232);
the
child
has
not
been
adopted
32
and
the
child
has
not
achieved
the
goals
of
the
child’s
case
33
permanency
plan;
two
years
have
passed
since
the
final
order
of
34
termination
of
parental
rights
was
entered;
and
the
child
is
at
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least
12
years
old
at
the
time
the
petition
is
filed.
However,
1
upon
the
child’s
motion
for
good
cause
shown,
or
on
the
court’s
2
own
motion,
the
court
may
hear
a
petition
filed
by
a
child
3
younger
than
12
years
of
age.
4
If
a
child
meets
the
criteria
of
an
eligible
child,
the
5
child’s
GAL,
DHS,
or
an
agency
or
person
to
whom
guardianship
6
and
custody
of
the
child
has
been
transferred,
is
required
to
7
notify
the
child
of
the
child’s
right
to
petition
the
court
for
8
the
reinstatement.
Additionally,
if
the
former
parent
whose
9
rights
have
been
previously
terminated
contacts
the
child’s
10
GAL,
DHS,
or
the
agency
or
other
person,
and
the
child
meets
11
the
criteria
of
an
eligible
child,
the
GAL,
DHS,
or
the
agency
12
or
other
person
is
required
to
notify
the
eligible
child
of
the
13
child’s
right
to
petition
the
court
for
the
reinstatement.
14
The
bill
provides
for
the
appointment
of
a
GAL
and
attorney
15
for
the
child
if
the
child
does
not
already
have
a
GAL
and
16
attorney,
at
no
cost
to
the
child.
17
The
petition
must
be
signed
by
the
child,
unless
good
cause
18
is
shown
as
to
why
the
child
is
unable
to
do
so.
The
former
19
parent
for
whom
reinstatement
of
parental
rights
is
sought
must
20
consent
in
writing
to
the
petition.
21
After
a
threshold
hearing
to
consider
the
former
parent’s
22
apparent
fitness
and
interest
in
reinstatement
of
parental
23
rights,
if
the
court
finds
by
a
preponderance
of
the
evidence
24
that
the
best
interest
of
the
child
may
be
served
by
the
25
reinstatement
of
parental
rights,
the
court
shall
order
that
26
a
hearing
on
the
merits
of
the
petition
be
held.
The
bill
27
provides
for
notice
to
certain
parties
prior
to
the
hearing
28
on
the
merits
of
the
petition.
Following
the
hearing
on
the
29
merits
of
the
petition,
the
court
shall
conditionally
grant
the
30
petition
if
the
court
finds
by
clear
and
convincing
evidence
31
that
the
child
has
not
been
adopted,
has
not
achieved
the
goals
32
of
the
child’s
case
permanency
plan,
and
is
not
imminently
33
likely
to
achieve
such
goals,
and
that
the
reinstatement
34
of
parental
rights
is
in
the
child’s
best
interest.
The
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bill
specifies
considerations
for
the
court
in
determining
1
whether
reinstatement
is
in
the
child’s
best
interest
and
in
2
determining
whether
the
child
has
or
has
not
achieved
the
goals
3
of
the
child’s
case
permanency
plan
or
is
imminently
likely
4
to
achieve
such
goals.
If
the
court
conditionally
grants
the
5
petition,
the
case
is
continued
for
six
months
and
a
temporary
6
order
of
reinstatement
is
entered.
During
the
six-month
7
period,
the
child
is
placed
in
the
custody
of
the
former
parent
8
and
DHS
or
an
agency
shall
develop
a
case
permanency
plan
for
9
the
child
reflecting
reunification
and
provide
transition
10
services
to
the
family,
as
appropriate.
If,
during
the
11
six-month
period,
the
child
must
be
removed
from
the
former
12
parent
due
to
allegations
of
abuse
or
neglect,
the
court
shall
13
dismiss
the
petition
for
reinstatement
of
parental
rights
if
14
the
allegations
are
proven
by
a
preponderance
of
the
evidence.
15
At
the
end
of
the
six-month
period,
the
court
is
required
16
to
hold
a
hearing
and
make
certain
determinations
and
17
dispositions.
If
the
placement
with
the
former
parent
has
18
been
successful,
the
court
shall
enter
a
final
order
of
19
reinstatement
of
parental
rights,
which
shall
restore
all
20
rights,
powers,
privileges,
immunities,
duties,
and
obligations
21
of
the
parent
as
to
the
child,
including
those
relating
to
22
custody,
control,
and
support
of
the
child.
Additionally,
the
23
court
shall
vacate
the
dispositional
order
in
the
child
in
24
need
of
assistance
proceeding
and
direct
the
clerk’s
office
to
25
provide
a
certified
copy
of
the
final
order
of
reinstatement
26
of
parental
rights
to
the
parent
at
no
cost.
If
the
placement
27
with
the
former
parent
has
not
been
successful,
the
court
shall
28
dismiss
the
petition
and
the
child’s
case
permanency
plan
shall
29
remain
in
effect.
30
The
bill
provides
that
a
proceeding
to
reinstate
parental
31
rights
is
a
separate
action
from
the
termination
of
parental
32
rights
proceeding
and
does
not
vacate
or
otherwise
affect
the
33
validity
of
the
original
termination
of
parental
rights
order.
34
A
reinstatement
order
reinstates
the
former
parent’s
parental
35
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rights
to
the
child.
The
reinstatement
is
a
recognition
that
1
the
situation
of
the
parent
and
child
has
changed
since
the
2
time
of
the
termination
of
parental
rights
and
reunification
is
3
now
appropriate.
A
parent
whose
rights
are
reinstated
is
not
4
liable
for
any
child
support
owed
to
the
department
or
costs
of
5
other
services
provided
to
a
child
during
the
time
period
from
6
the
date
of
termination
of
parental
rights
to
the
date
parental
7
rights
are
reinstated.
The
bill
applies
to
any
eligible
child
8
who
is
under
the
jurisdiction
of
the
juvenile
court
at
the
time
9
of
the
hearing
regardless
of
the
date
parental
rights
were
10
terminated.
The
bill
provides
that
the
state,
the
department,
11
an
agency,
or
other
person
or
an
employee
of
such
entities
12
is
not
liable
for
civil
damages
resulting
from
any
act
or
13
omission
in
the
provision
of
services
under
the
bill,
unless
14
the
act
or
omission
constitutes
gross
negligence.
The
bill
15
does
not
create
any
duty
and
shall
not
be
construed
to
create
a
16
duty
where
none
exists,
and
does
not
create
a
cause
of
action
17
against
the
state,
the
department,
an
agency,
another
person,
18
or
the
employees
of
such
entities
concerning
the
original
19
termination.
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