Bill Text: IA SF473 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to child welfare including the temporary custody of a child and judicial proceedings in child in need of assistance and termination of parental rights cases.(See SF 525.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-03-03 - Committee report approving bill, renumbered as SF 525. S.J. 511. [SF473 Detail]

Download: Iowa-2021-SF473-Introduced.html
Senate File 473 - Introduced SENATE FILE 473 BY EDLER A BILL FOR An Act relating to child welfare including the temporary 1 custody of a child and judicial proceedings in child in need 2 of assistance and termination of parental rights cases. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1933XS (2) 89 dg/rh
S.F. 473 Section 1. Section 232.78, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8. a. If the department or a court with 3 jurisdiction over the child determines that the child should be 4 removed from the custody of a parent, placement of the child 5 with the child’s relatives shall be considered in the following 6 order of priority: 7 (1) The child’s other parent. 8 (2) A grandparent of the child. 9 (3) An adult sibling of the child. 10 (4) An uncle or aunt of the child. 11 (5) Any other blood relative. 12 b. A court shall not order placement of a child with a 13 nonrelative without a specific finding that a placement with 14 a relative identified in paragraph “a” is inappropriate and 15 providing reasons for such a finding. 16 Sec. 2. Section 232.91, subsection 1, Code 2021, is amended 17 to read as follows: 18 1. Any hearings or proceedings under this subchapter 19 subsequent to the filing of a petition shall not take place 20 without the presence of the child’s parent, guardian, 21 custodian, or guardian ad litem in accordance with and subject 22 to section 232.38 . A parent without custody may petition 23 the court to shall be made a party to proceedings under this 24 subchapter . 25 Sec. 3. Section 232.117, subsection 6, Code 2021, is amended 26 by striking the subsection and inserting in lieu thereof the 27 following: 28 6. a. If the court orders the termination of parental 29 rights and transfers guardianship and custody under subsection 30 3, the guardian shall submit a case permanency plan to the 31 court and shall make every effort to establish a stable 32 placement for the child by adoption or other permanent 33 placement. 34 b. If the parental rights of the child’s biological parents 35 -1- LSB 1933XS (2) 89 dg/rh 1/ 3
S.F. 473 had previously been terminated, and the court has ordered the 1 termination of the parental rights of the child’s adoptive 2 parents, the guardian shall investigate whether the child’s 3 biological parents are appropriate for placement or adoption 4 of the child. If the guardian finds the child’s biological 5 parents are appropriate for placement or adoption of the child, 6 the biological parents shall be given priority for placement or 7 adoption of the child. 8 c. Within forty-five days of receipt of the termination 9 order, and every forty-five days thereafter until the court 10 determines such reports are no longer necessary, the guardian 11 shall report to the court regarding efforts made to place 12 the child for adoption or providing the rationale as to why 13 adoption would not be in the child’s best interest. 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 relates to child welfare including the temporary 18 custody of a child and judicial proceedings in child in need of 19 assistance and termination of parental rights cases. 20 The bill provides that, in cases where a child has been 21 ordered to be removed from the custody of a parent prior to the 22 filing of a petition under Code chapter 232 (juvenile justice), 23 the department of human services or a court with jurisdiction 24 over the child shall consider placing the child with a relative 25 in the following order of priority: the child’s other parent; 26 a grandparent of the child; an adult sibling of the child; an 27 uncle or aunt of the child; and any other blood relative. The 28 bill prohibits a court from placing a child with a nonrelative 29 without a specific finding that a relative as prioritized 30 in the bill is inappropriate for placement of the child and 31 providing reasons for such a finding. 32 The bill requires that parents without custody of 33 their child be made a party to child in need of assistance 34 proceedings involving the parent’s child. Under current law, 35 -2- LSB 1933XS (2) 89 dg/rh 2/ 3
S.F. 473 parents without custody of their child may petition the court 1 to become a party to a child in need of assistance proceeding. 2 The bill requires the guardian of a child whose adoptive 3 parents have been terminated by court order to investigate 4 whether the child’s biological parents are appropriate for 5 placement or adoption of the child if the parental rights of 6 the child’s biological parents had previously been terminated. 7 The bill requires biological parents to be given priority for 8 placement or adoption if the guardian finds that placement or 9 adoption with the biological parents is appropriate. 10 -3- LSB 1933XS (2) 89 dg/rh 3/ 3
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