Bill Text: IA SF451 | 2015-2016 | 86th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the transfer of jurisdiction from the juvenile court to the district court related to a child in need of assistance case. (Formerly SSB 1230.) Effective 7-1-15.

Sponsorship: Committee Bill

Status: (Passed) 2015-04-17 - Signed by Governor. S.J. 897. [SF451 Detail]

Download: Iowa-2015-SF451-Enrolled.html

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Senate File 451 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO SSB
                                  1230)

                              (COMPANION TO LSB
                                  2518HV BY COMMITTEE ON
                                  JUDICIARY)
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                                   A BILL FOR
 \1
                                        Senate File 451

                             AN ACT
 RELATING TO THE TRANSFER OF JURISDICTION FROM THE JUVENILE
    COURT TO THE DISTRICT COURT RELATED TO A CHILD IN NEED OF
    ASSISTANCE CASE.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  NEW SECTION.  232.103A  Transfer of jurisdiction
 related to child in need of assistance case ==== bridge order.
    1.  The juvenile court may close a child in need of
 assistance case by transferring jurisdiction over the child's
 custody, physical care, and visitation to the district court
 through a bridge order, if all of the following criteria are
 met:
    a.  The child has been adjudicated a child in need
 of assistance in an active juvenile court case, and a
 dispositional order in that case is in place.
    b.  Paternity of the child has been legally established,
 including by operation of law due to the individual's marriage
 to the mother at the time of conception, birth, or at any
 time during the period between conception and birth of the
 child, by order of a court of competent jurisdiction, or by
 administrative order when authorized by state law.
    c.  The child is safely placed by the juvenile court with a
 parent.
    d.  There is not a current district court order for custody
 in place.
    e.  The juvenile court has determined that the child in need
 of assistance case can safely close once orders for custody,
  physical care, and visitation  are entered by the district
 court.
    f.  A parent qualified for a court=appointed attorney in the
 juvenile court case.
    2.  When the criteria specified in subsection 1 are met, any
 party to a child in need of assistance proceeding in juvenile
 court may file a motion with the juvenile court for a bridge
 order under subsection 1. Such motion  shall be set for hearing
 by the juvenile court no less than thirty days nor more than
 ninety days from the date of filing the motion. The juvenile
 court, on its own motion, may set a hearing on the issue of a
 bridge order if such hearing is set no less than thirty days
 from the date of notice to the parties.
    3.  The juvenile court shall designate the petitioner and
 respondent for the purposes of the bridge order. A bridge
 order shall only address matters of custody, physical care, and
 visitation. All other matters, including child support, shall
 be filed by separate petition or by action of the child support
 recovery unit, and shall be subject to existing applicable
 statutory provisions.
    4.  Upon transferring jurisdiction from the juvenile court
 to the district court, the clerk of court shall docket the
 case. Filing fees and other court costs shall not be assessed
 against the parties.
    5.  The district court shall take judicial notice of the
 juvenile file in any hearing related to the case. Records
 contained in the district court case file that were copied or
 transferred from the juvenile court file concerning the case
 shall be subject to section 232.147 and other confidentiality
 provisions of this chapter for cases not involving juvenile
 delinquency, and shall be disclosed, upon request, to the child
 support recovery unit without a court order.
    6.  Following the issuance of a bridge order, a party may
 file a petition in district court for modification of the
 bridge order for custody, physical care, or visitation. If
 the petition for modification is filed within one year of
 the filing date of the bridge order, the party requesting
 modification shall not be required to demonstrate a substantial
 change of circumstances but instead shall demonstrate that
 such modification is in the best interest of the child. If
 a petition for modification is filed within one year of the
 filing date of the bridge order, filing fees and other court
 costs shall not be assessed against the parties.
    7.  Nothing in this section shall be construed to require
 appointment of counsel for the parties in the district court
 action.


                                                             
                               PAM JOCHUM
                               President of the Senate


                                                             
                               KRAIG PAULSEN
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 451, Eighty=sixth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2015


                                                             
                               TERRY E. BRANSTAD
                               Governor

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