Bill Text: IA SSB1093 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to termination of parental rights and adoption proceedings, and providing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-28 - Subcommittee recommends passage. [SSB1093 Detail]
Download: Iowa-2017-SSB1093-Introduced.html
Senate
Study
Bill
1093
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
termination
of
parental
rights
and
adoption
1
proceedings,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1731XC
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S.F.
_____
Section
1.
Section
422.9,
subsection
2,
paragraph
c,
Code
1
2017,
is
amended
to
read
as
follows:
2
c.
Add
the
amount
by
which
expenses
paid
or
incurred
3
in
connection
with
the
adoption
of
a
child
by
the
taxpayer
4
exceed
three
percent
of
the
net
income
of
the
taxpayer,
or
of
5
the
taxpayer
and
spouse
in
the
case
of
a
joint
return.
The
6
expenses
may
include
medical
and
hospital
expenses
of
the
7
biological
mother
which
are
incident
to
the
child’s
birth
and
8
are
paid
by
the
taxpayer,
welfare
agency
fees,
legal
fees,
and
9
all
other
fees
and
costs
relating
to
the
adoption
of
a
child
if
10
the
child
is
placed
by
a
child-placing
agency
licensed
under
11
chapter
238
or
by
a
person
making
an
independent
placement
12
an
adoption
service
provider
according
to
the
provisions
of
13
chapter
600
.
If
the
taxpayer
claims
an
adoption
tax
credit
14
under
section
422.12A
,
the
taxpayer
shall
recompute
for
15
purposes
of
this
subsection
the
amount
of
the
deduction
by
16
excluding
the
amount
of
qualified
adoption
expenses,
as
defined
17
in
section
422.12A
,
used
in
computing
the
adoption
tax
credit.
18
Sec.
2.
Section
422.12A,
subsection
1,
paragraph
a,
Code
19
2017,
is
amended
to
read
as
follows:
20
a.
“Adoption”
means
the
permanent
placement
in
this
state
21
of
a
child
by
the
department
of
human
services,
by
a
licensed
22
agency
under
chapter
238
an
adoption
service
provider
as
23
defined
in
section
600A.2,
or
,
by
an
agency
that
meets
the
24
provisions
of
the
interstate
compact
in
section
232.158
,
or
25
by
a
person
making
an
independent
placement
according
to
the
26
provisions
of
chapter
600
.
27
Sec.
3.
Section
600.2,
subsection
1,
Code
2017,
is
amended
28
to
read
as
follows:
29
1.
“Child”
,
“parent”
,
“parent-child
relationship”
,
30
“termination
of
parental
rights”
,
“biological
parent”
,
31
“stepparent”
,
“guardian”
,
“custodian”
,
“guardian
ad
litem”
,
32
“minor”
,
“adoption
service
provider”
,
“certified
adoption
33
investigator”
,
“adult”
,
“agency”
,
“department”
,
“court”
,
and
34
“juvenile
court”
,
“independent
placement”
mean
the
same
as
35
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defined
in
section
600A.2
.
1
Sec.
4.
Section
600.8,
subsection
1,
paragraph
c,
2
subparagraph
(1),
Code
2017,
is
amended
to
read
as
follows:
3
(1)
A
background
information
investigation
of
the
medical
4
and
social
history
of
the
biological
parents
of
the
minor
5
person
to
be
adopted
and
a
report
of
the
investigation
shall
be
6
made
by
the
agency,
the
person
making
an
independent
placement
7
adoption
service
provider
,
the
department,
or
an
a
certified
8
adoption
investigator
prior
to
the
placement
of
the
minor
9
person
to
be
adopted
with
any
prospective
adoption
petitioner.
10
Sec.
5.
Section
600.8,
subsection
2,
paragraph
a,
11
subparagraph
(1),
Code
2017,
is
amended
to
read
as
follows:
12
(1)
A
preplacement
investigation
and
report
of
the
13
investigation
shall
be
completed
and
the
prospective
adoption
14
petitioner
approved
for
a
placement
by
the
person
making
the
15
investigation
prior
to
any
agency
or
independent
adoption
16
service
provider
or
department
placement
of
a
minor
person
in
17
the
petitioner’s
home
in
anticipation
of
an
ensuing
adoption.
18
Sec.
6.
Section
600.8,
subsections
3,
4,
8,
and
10,
Code
19
2017,
are
amended
to
read
as
follows:
20
3.
The
department,
an
agency
,
or
an
a
certified
adoption
21
investigator
shall
conduct
all
investigations
and
reports
22
required
under
subsection
2
of
this
section
.
23
4.
A
postplacement
investigation
and
the
report
of
the
24
investigation
shall
be
completed
and
filed
with
the
juvenile
25
court
or
court
prior
to
the
holding
of
the
adoption
hearing
26
prescribed
in
section
600.12
.
Upon
the
filing
of
an
adoption
27
petition
pursuant
to
section
600.5
,
the
juvenile
court
or
28
court
shall
immediately
appoint
the
department,
an
agency,
or
29
an
a
certified
adoption
investigator
to
conduct
and
complete
30
the
postplacement
report.
Any
person
who
has
gained
relevant
31
background
information
concerning
a
minor
person
subject
to
an
32
adoption
petition
shall,
upon
request,
fully
cooperate
with
the
33
conducting
of
the
postplacement
investigation
by
disclosing
any
34
relevant
information
requested,
whether
contained
in
sealed
35
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records
or
not.
1
8.
Any
person
designated
to
make
an
investigation
and
report
2
under
this
section
may
request
an
agency
,
certified
adoption
3
investigator,
or
state
agency,
within
or
outside
this
state,
4
to
conduct
a
portion
of
the
investigation
or
the
report,
as
5
may
be
appropriate,
and
to
file
a
supplemental
report
of
such
6
investigation
or
report
with
the
juvenile
court
or
court.
7
In
the
case
of
the
adoption
of
a
minor
person
by
a
person
8
domiciled
or
residing
in
any
other
jurisdiction
of
the
United
9
States,
any
investigation
or
report
required
under
this
section
10
which
has
been
conducted
pursuant
to
the
standards
of
that
11
other
jurisdiction
shall
be
recognized
in
this
state.
12
10.
The
department
,
or
an
agency
,
or
a
certified
adoption
13
investigator
may
conduct
any
investigations
required
for
14
an
interstate
or
interagency
placement.
Any
interstate
15
investigations
or
placements
shall
follow
the
procedures
and
16
regulations
under
the
interstate
compact
on
the
placement
of
17
children.
Such
investigations
and
placements
shall
be
in
18
compliance
with
the
laws
of
the
states
involved.
19
Sec.
7.
Section
600.9,
Code
2017,
is
amended
to
read
as
20
follows:
21
600.9
Report
of
expenditures
——
penalty
.
22
1.
a.
A
biological
parent
shall
not
receive
any
thing
of
23
value
as
a
result
of
the
biological
parent’s
child
or
former
24
child
being
placed
with
and
adopted
by
another
person,
unless
25
that
thing
of
value
is
an
allowable
expense
under
subsection
2
.
26
b.
Any
person
assisting
in
any
way
with
the
placement
or
27
adoption
of
a
minor
person
shall
not
charge
a
fee
which
is
28
more
than
usual,
necessary,
and
commensurate
with
the
services
29
rendered.
30
c.
If
the
biological
parent
receives
any
prohibited
thing
31
of
value,
if
a
person
gives
a
prohibited
thing
of
value,
or
if
32
a
person
charges
a
prohibited
fee
under
this
subsection
,
the
33
person
is
guilty
of
a
simple
serious
misdemeanor.
34
2.
a.
An
adoption
petitioner
of
a
minor
person
shall
35
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file
with
the
juvenile
court
or
court,
prior
to
the
adoption
1
hearing,
a
full
accounting
of
all
disbursements
of
any
2
thing
of
value
paid
or
agreed
to
be
paid
by
or
on
behalf
of
3
the
petitioner
in
connection
with
the
petitioned
adoption.
4
This
accounting
shall
be
made
by
a
report
prescribed
by
the
5
juvenile
court
or
court
and
shall
be
signed
and
verified
by
the
6
petitioner.
The
report
shall
be
accompanied
by
documentation
7
of
all
disbursements
made
prior
to
the
date
of
filing
of
8
the
report.
Only
expenses
incurred
in
connection
with
the
9
following
and
any
other
expenses
approved
by
the
juvenile
court
10
or
court
are
allowable:
11
(1)
The
birth
of
the
minor
person
to
be
adopted.
12
(2)
Placement
of
the
minor
person
with
by
the
adoption
13
petitioner
and
legal
service
provider.
14
(3)
Legal
expenses
related
to
the
termination
of
parental
15
rights
and
adoption
processes.
16
(3)
(4)
Pregnancy-related
medical
care
received
by
the
17
biological
parents
or
the
minor
person
during
the
pregnancy
18
or
delivery
of
the
minor
person
and
for
medically
necessary
19
postpartum
care
for
the
biological
parent
and
the
minor
person.
20
(4)
(5)
Living
Ordinary
and
necessary
living
expenses
of
21
the
mother
,
permitted
in
an
amount
not
to
exceed
including
but
22
not
limited
to
the
cost
of
room
and
board
or
rent
and
costs
23
of
housing,
food,
utilities,
and
transportation
,
for
medical
24
purposes
only,
on
a
common
carrier
of
persons
or
an
ambulance
25
related
to
the
pregnancy
and
birth
of
the
child
,
in
an
amount
26
not
to
exceed
two
thousand
dollars
and
for
no
longer
than
27
thirty
days
after
the
birth
of
the
minor
person.
28
(5)
(6)
Costs
of
the
counseling
provided
to
the
biological
29
parents
prior
to
the
birth
of
the
child,
prior
to
the
release
30
of
custody,
and
any
counseling
provided
to
the
biological
31
parents
for
not
more
than
sixty
days
after
the
birth
of
the
32
child.
33
(6)
(7)
Living
expenses
or
care
of
the
minor
person
if
the
34
minor
person
is
placed
in
foster
care
during
the
pendency
of
35
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the
termination
of
parental
rights
proceedings.
1
b.
All
payments
for
allowable
expenses
shall
be
made
through
2
the
adoption
service
provider.
An
adoption
service
provider
3
shall
deposit
all
funds
received
from
prospective
adoptive
4
parents
as
payments
for
allowable
expenses
for
a
designated
5
biological
parent
into
an
escrow
account
established
with
a
6
financial
institution
located
in
this
state
whose
accounts
7
are
insured
by
the
federal
deposit
insurance
corporation,
the
8
national
credit
union
administration,
or
the
federal
savings
9
and
loan
insurance
corporation.
Such
escrow
funds
shall
not
10
be
commingled
with
other
revenues
or
expense
accounts
of
the
11
adoption
service
provider
and
separate
accounting
shall
be
12
maintained
for
each
prospective
adoptive
parent
whose
funds
13
are
deposited
in
the
escrow
account.
Any
escrow
funds
not
14
disbursed
by
the
adoption
service
provider
for
the
benefit
15
of
the
designated
biological
parent
shall
be
returned
to
the
16
prospective
adoptive
parents
with
a
full
accounting
of
all
17
deposits
and
disbursements.
If
the
adoption
service
provider
18
is
a
licensed
attorney,
use
of
the
attorney’s
state-sanctioned
19
trust
account
shall
satisfy
the
requirements
relative
to
the
20
escrow
account
under
this
paragraph.
21
b.
c.
All
Any
payments
for
allowable
expenses
shall
be
made
22
to
the
provider,
if
applicable,
and
not
directly
be
made
to
the
23
a
biological
parents
parent,
but
instead
shall
be
made
directly
24
to
the
provider
of
the
service,
product,
or
other
activity
to
25
which
the
allowable
expense
is
attributable,
if
applicable
.
26
d.
The
provisions
of
this
subsection
do
not
apply
in
a
27
stepparent
adoption.
28
3.
The
juvenile
court
or
court
shall
review
the
report
prior
29
to
the
adoption
hearing
and
shall
include
findings
regarding
30
the
allowance
or
disallowance
of
any
disbursements
or
projected
31
disbursements
in
the
adoption
decree.
32
Sec.
8.
NEW
SECTION
.
600.9A
Prohibited
practices
——
33
penalties.
34
1.
All
of
the
following
are
prohibited
practices
regarding
a
35
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proceeding
under
this
chapter:
1
a.
The
provision
of
termination
of
parental
rights,
child
2
placement,
or
adoption
services
to
any
biological
or
adoptive
3
parent
by
any
person
other
than
an
adoption
service
provider
4
or
the
department.
5
b.
The
charging
of
a
fee
by
an
adoption
service
provider
6
that
is
more
than
the
usual
and
necessary
fee
commensurate
with
7
the
services
rendered.
8
c.
The
facilitation,
encouragement,
or
advisement
of
9
adoptive
parents
by
an
adoption
service
provider
to
provide
any
10
thing
of
value
beyond
those
expenditures
allowed
pursuant
to
11
section
600.9.
12
d.
The
knowing
encouragement
or
solicitation
of
payment
of
13
allowable
expenses
or
provision
of
anything
of
value
beyond
14
those
expenditures
allowed
pursuant
to
section
600.9,
by
a
15
person
falsely
representing
that
a
child
may
be
available
for
16
adoption
with
the
intent
to
defraud
the
other
person.
17
2.
A
person
who
commits
a
prohibited
practice
under
this
18
section
is
guilty
of
a
serious
misdemeanor
for
the
first
19
violation
and
a
class
“C”
felony
for
any
second
or
subsequent
20
violation.
21
Sec.
9.
Section
600.13,
subsection
5,
Code
2017,
is
amended
22
to
read
as
follows:
23
5.
An
interlocutory
or
a
final
adoption
decree
shall
be
24
entered
with
the
clerk
of
court.
Such
decree
shall
set
forth
25
any
facts
of
the
adoption
petition
which
have
been
proven
to
26
the
satisfaction
of
the
juvenile
court
or
court
and
any
other
27
facts
considered
to
be
relevant
by
the
juvenile
court
or
court
28
and
shall
grant
the
adoption
petition.
If
so
designated
in
29
the
adoption
decree,
the
name
of
the
adopted
person
shall
be
30
changed
by
issuance
of
that
decree.
The
clerk
of
the
court
31
shall,
within
thirty
days
of
issuance,
deliver
one
certified
32
copy
of
any
adoption
decree
to
the
petitioner,
one
copy
of
any
33
adoption
decree
to
the
department
and
any
agency
or
person
34
making
an
independent
placement
adoption
service
provider
who
35
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placed
a
minor
person
for
adoption,
and
one
certification
1
of
adoption
as
prescribed
in
section
144.19
to
the
state
2
registrar
of
vital
statistics
at
no
charge
.
Upon
receipt
of
3
the
certification,
the
state
registrar
shall
prepare
a
new
4
birth
certificate
pursuant
to
section
144.23
and
deliver
to
5
the
parents
named
in
the
decree
and
any
adult
person
adopted
6
by
the
decree
a
copy
of
the
new
birth
certificate.
The
parents
7
shall
pay
the
fee
prescribed
in
section
144.46
.
If
the
person
8
adopted
was
born
outside
this
state
but
in
the
United
States,
9
the
state
registrar
shall
forward
the
certification
of
adoption
10
to
the
appropriate
agency
in
the
state
of
birth.
A
copy
of
any
11
interlocutory
adoption
decree
vacation
shall
be
delivered
and
12
another
birth
certificate
shall
be
prepared
in
the
same
manner
13
as
a
certification
of
adoption
is
delivered
and
the
birth
14
certificate
was
originally
prepared.
15
Sec.
10.
Section
600.16,
subsection
1,
unnumbered
paragraph
16
1,
Code
2017,
is
amended
to
read
as
follows:
17
Any
information
compiled
under
section
600.8,
subsection
1
,
18
paragraph
“c”
,
relating
to
medical
and
developmental
histories
19
shall
be
made
available
at
any
time
by
the
clerk
of
court,
the
20
department,
or
any
agency
which
adoption
service
provider
that
21
made
the
placement
to:
22
Sec.
11.
Section
600.16A,
subsection
2,
paragraph
a,
Code
23
2017,
is
amended
to
read
as
follows:
24
a.
An
agency
The
department
or
an
adoption
service
provider
25
involved
in
placement
shall
contact
the
adopting
parents
or
the
26
adult
adopted
child
regarding
eligibility
of
the
adopted
child
27
for
benefits
based
on
entitlement
of
benefits
or
inheritance
28
from
the
terminated
biological
parents.
29
Sec.
12.
Section
600.16A,
subsection
3,
paragraph
a,
30
unnumbered
paragraph
1,
Code
2017,
is
amended
to
read
as
31
follows:
32
In
addition
to
other
procedures
by
which
adoption
records
33
may
be
opened
under
this
section
,
if
both
of
the
following
34
conditions
are
met,
the
department,
the
clerk
of
court,
or
the
35
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_____
agency
which
adoption
service
provider
that
made
the
placement
1
shall
open
the
adoption
record
for
inspection
and
shall
reveal
2
the
identity
of
the
biological
parents
to
the
adult
adopted
3
child
or
the
identity
of
the
adult
adopted
child
to
the
4
biological
parents:
5
Sec.
13.
Section
600.16A,
subsection
3,
paragraph
c,
Code
6
2017,
is
amended
to
read
as
follows:
7
c.
Notwithstanding
the
provisions
of
this
subsection
,
if
8
the
adult
adopted
person
has
a
sibling
who
is
a
minor
and
who
9
has
also
been
adopted
by
the
same
parents,
the
department,
the
10
clerk
of
court,
or
the
agency
which
adoption
service
provider
11
that
made
the
placement
may
deny
the
request
of
either
the
12
adult
adopted
person
or
the
biological
parent
to
open
the
13
adoption
records
and
to
reveal
the
identities
of
the
parties
14
pending
determination
by
the
juvenile
court
or
court
that
there
15
is
good
cause
to
open
the
records
pursuant
to
subsection
2
.
16
Sec.
14.
Section
600.20,
Code
2017,
is
amended
to
read
as
17
follows:
18
600.20
Availability
of
assistance.
19
Financial
assistance
shall
be
available
only
if
the
child
20
to
be
adopted
was
under
the
guardianship
of
the
state,
county,
21
or
a
licensed
child-placing
an
agency
immediately
prior
to
22
adoption.
The
one-hundred-eighty-day
period
of
residence
in
23
the
proposed
home
required
in
section
600.10
shall
not
apply
to
24
this
section
.
25
Sec.
15.
Section
600A.2,
Code
2017,
is
amended
by
adding
the
26
following
new
subsections:
27
NEW
SUBSECTION
.
01.
“Adoption
service
provider”
means
an
28
agency
or
a
licensed
attorney.
29
NEW
SUBSECTION
.
3A.
“Certified
adoption
investigator”
30
means
a
person
who
is
certified
and
approved
by
the
department
31
of
human
services,
after
inspection
by
the
department
of
32
inspections
and
appeals,
as
being
capable
of
conducting
an
33
investigation
under
section
600.8.
34
Sec.
16.
Section
600A.2,
subsection
2,
Code
2017,
is
amended
35
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_____
to
read
as
follows:
1
2.
“Agency”
means
a
child-placing
agency
as
defined
in
2
section
238.1
or
the
department
.
3
Sec.
17.
Section
600A.2,
subsection
10,
Code
2017,
is
4
amended
by
striking
the
subsection.
5
Sec.
18.
Section
600A.4,
subsection
1,
Code
2017,
is
amended
6
to
read
as
follows:
7
1.
A
parent
shall
not
permanently
alter
the
parent-child
8
relationship,
except
as
ordered
by
a
juvenile
court
or
9
court.
However,
custody
of
a
minor
child
may
be
assumed
by
a
10
stepparent
or
a
relative
of
that
child
within
the
fourth
degree
11
of
consanguinity
or
transferred
by
an
acceptance
of
a
release
12
of
custody.
A
person
who
assumes
custody
or
an
agency
adoption
13
service
provider
which
accepts
a
release
of
custody
under
this
14
section
becomes,
upon
assumption
or
acceptance,
the
custodian
15
of
the
minor
child.
16
Sec.
19.
Section
600A.4,
subsection
2,
paragraphs
a
and
d,
17
Code
2017,
are
amended
to
read
as
follows:
18
a.
Shall
be
accepted
only
by
an
agency
or
a
person
making
an
19
independent
placement
adoption
service
provider
.
20
d.
(1)
Shall
contain
written
acknowledgment
of
the
21
biological
parents
that
after
the
birth
of
the
child
three
22
hours
of
counseling
regarding
the
decision
to
release
23
custody
and
the
alternatives
available
have
been
offered
24
to
the
biological
parents
by
the
agency,
the
person
making
25
an
independent
placement,
an
investigator
as
defined
in
26
section
600.2
,
or
other
qualified
counselor
regarding
the
27
decision
to
release
custody
and
the
alternatives
available
28
to
the
biological
parents
department
or
an
adoption
service
29
provider
.
The
release
of
custody
shall
also
contain
written
30
acknowledgment
of
the
acceptance
or
refusal
of
the
counseling
31
by
the
biological
parent
.
32
(2)
If
accepted,
the
counseling
shall
be
provided
after
33
the
birth
of
the
child
and
prior
to
the
signing
of
a
release
34
of
custody
or
the
filing
of
a
petition
for
termination
of
35
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parental
rights
as
applicable.
Counseling
shall
be
provided
1
only
by
a
person
who
is
qualified
under
rules
adopted
by
the
2
department
of
human
services
which
shall
include
a
requirement
3
that
the
person
complete
a
minimum
number
of
hours
of
training
4
in
the
area
of
adoption-related
counseling
approved
by
the
5
department.
If
counseling
is
accepted,
the
counselor
shall
6
provide
an
affidavit,
which
shall
be
attached
to
the
release
of
7
custody,
when
practicable,
certifying
that
the
counselor
has
8
provided
the
biological
parent
with
the
requested
counseling
9
and
documentation
that
the
person
is
qualified
to
provide
the
10
requested
counseling
as
prescribed
by
this
paragraph
“d”
.
The
11
requirements
of
this
paragraph
“d”
do
not
apply
to
a
release
12
of
custody
which
is
executed
for
the
purposes
of
a
stepparent
13
adoption.
14
Sec.
20.
Section
600A.4,
subsection
2,
paragraph
f,
15
subparagraphs
(1)
and
(4),
Code
2017,
are
amended
to
read
as
16
follows:
17
(1)
A
biological
parent
may
also
provide
ongoing
18
information
to
the
adoptive
parents,
as
additional
medical
19
or
social
history
information
becomes
known,
by
providing
20
information
to
the
clerk
of
court,
the
department
of
human
21
services
,
or
the
agency
which
adoption
service
provider
that
22
made
the
placement,
and
may
provide
the
current
address
of
23
the
biological
parent.
The
clerk
of
court,
the
department
of
24
human
services
,
or
the
agency
which
adoption
service
provider
25
that
made
the
placement
shall
transmit
the
information
to
the
26
adoptive
parents
if
the
address
of
the
adoptive
parents
is
27
known.
28
(4)
The
department
shall
prescribe
forms
designed
to
obtain
29
the
family
medical
and
social
history
and
shall
provide
the
30
forms
at
no
charge
to
any
agency
adoption
service
provider
or
31
person
who
executes
a
release
of
custody
of
the
minor
child
or
32
who
files
a
petition
for
termination
of
parental
rights.
The
33
existence
of
this
report
does
not
limit
a
person’s
ability
to
34
petition
the
court
for
release
of
records
in
accordance
with
35
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other
provisions
of
law.
1
Sec.
21.
Section
600A.4,
subsection
3,
Code
2017,
is
amended
2
to
read
as
follows:
3
3.
Notwithstanding
the
provisions
of
subsection
2
,
the
4
department
or
an
agency
or
a
person
making
an
independent
5
placement
adoption
service
provider
may
assume
custody
of
a
6
minor
child
upon
the
signature
of
the
one
living
parent
who
has
7
possession
of
the
minor
child
if
the
agency
or
a
person
making
8
an
independent
placement
department
or
an
adoption
service
9
provider
immediately
petitions
the
juvenile
court
designated
10
in
section
600A.5
to
be
appointed
custodian
and
otherwise
11
petitions,
either
in
the
same
petition
or
within
a
reasonable
12
time
in
a
separate
petition,
for
termination
of
parental
rights
13
under
section
600A.5
.
Upon
the
custody
petition,
the
juvenile
14
court
may
appoint
a
guardian
as
well
as
a
custodian.
15
Sec.
22.
NEW
SECTION
.
600A.6C
Report
of
expenditures
——
16
penalty.
17
1.
a.
A
biological
parent
shall
not
receive
any
thing
of
18
value
as
a
result
of
the
biological
parent
terminating
the
19
parent’s
parental
rights,
unless
that
thing
of
value
is
an
20
allowable
expense
under
subsection
2.
21
b.
Any
person
assisting
in
any
way
with
the
termination
22
of
parental
rights
shall
not
charge
a
fee
which
is
more
than
23
usual,
necessary,
and
commensurate
with
the
services
rendered.
24
c.
If
the
biological
parent
receives
any
prohibited
thing
25
of
value,
if
a
person
gives
a
prohibited
thing
of
value,
or
if
26
a
person
charges
a
prohibited
fee
under
this
subsection,
the
27
person
is
guilty
of
a
serious
misdemeanor.
28
2.
a.
The
petitioner
shall
file
with
the
juvenile
court
29
or
court,
prior
to
the
termination
hearing,
a
full
accounting
30
of
all
disbursements
of
any
thing
of
value
paid
or
agreed
31
to
be
paid
by
or
on
behalf
of
the
petitioner
or
intended
32
adoptive
parent
in
connection
with
the
petitioned
termination.
33
This
accounting
shall
be
made
by
a
report
prescribed
by
the
34
juvenile
court
or
court
and
shall
be
signed
and
verified
by
the
35
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petitioner.
The
report
shall
be
accompanied
by
documentation
1
of
all
disbursements
made
prior
to
the
date
of
filing
of
2
the
report.
Only
expenses
incurred
in
connection
with
the
3
following
and
any
other
expenses
approved
by
the
juvenile
court
4
or
court
are
allowable:
5
(1)
The
birth
of
the
minor
person
to
be
adopted.
6
(2)
Placement
of
the
minor
person
by
the
adoption
service
7
provider.
8
(3)
Legal
expenses
related
to
the
termination
of
parental
9
rights
and
adoption
processes.
10
(4)
Pregnancy-related
medical
care
received
by
the
11
biological
parents
or
the
minor
person
during
the
pregnancy
12
or
delivery
of
the
minor
person
and
for
medically
necessary
13
postpartum
care
for
the
biological
parent
and
the
minor
person.
14
(5)
Ordinary
and
necessary
living
expenses
of
the
mother
15
including
but
not
limited
to
the
costs
of
housing,
food,
16
utilities,
and
transportation
for
medical
purposes
related
17
to
the
pregnancy
and
birth
of
the
child,
in
an
amount
not
to
18
exceed
two
thousand
dollars
and
for
no
longer
than
thirty
days
19
after
the
birth
of
the
minor
person.
20
(6)
Costs
of
the
counseling
provided
to
the
biological
21
parents
prior
to
the
birth
of
the
child,
prior
to
the
release
22
of
custody,
and
any
counseling
provided
to
the
biological
23
parents
for
not
more
than
sixty
days
after
the
birth
of
the
24
child.
25
(7)
Living
expenses
or
care
of
the
minor
person
during
the
26
pendency
of
the
termination
of
parental
rights
proceedings.
27
b.
All
payments
for
allowable
expenses
shall
be
made
through
28
the
adoption
service
provider.
An
adoption
service
provider
29
shall
deposit
all
funds
received
from
prospective
adoptive
30
parents
as
payments
for
allowable
expenses
for
a
designated
31
biological
parent
into
an
escrow
account
established
with
a
32
financial
institution
located
in
this
state
whose
accounts
33
are
insured
by
the
federal
deposit
insurance
corporation,
the
34
national
credit
union
administration,
or
the
federal
savings
35
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and
loan
insurance
corporation.
Such
escrow
funds
shall
not
1
be
commingled
with
other
revenues
or
expense
accounts
of
the
2
adoption
service
provider
and
separate
accounting
shall
be
3
maintained
for
each
prospective
adoptive
parent
whose
funds
4
are
deposited
in
the
escrow
account.
Any
escrow
funds
not
5
disbursed
by
the
adoption
service
provider
for
the
benefit
6
of
the
designated
biological
parent
shall
be
returned
to
the
7
prospective
adoptive
parents
with
a
full
accounting
of
all
8
deposits
and
disbursements.
If
the
adoption
service
provider
9
is
a
licensed
attorney,
use
of
the
attorney’s
state-sanctioned
10
trust
account
shall
satisfy
the
requirements
relative
to
the
11
escrow
account
under
this
paragraph.
12
c.
Any
payments
for
allowable
expenses
shall
not
be
made
to
13
a
biological
parent,
but
instead
shall
be
made
directly
to
the
14
provider
of
the
service,
product,
or
other
activity
to
which
15
the
allowable
expense
is
attributable,
if
applicable.
16
d.
The
provisions
of
this
subsection
do
not
apply
in
a
17
stepparent
adoption.
18
3.
The
juvenile
court
or
court
shall
review
the
report
prior
19
to
the
termination
hearing
and
shall
include
findings
regarding
20
the
allowance
or
disallowance
of
any
disbursements
or
projected
21
disbursements
in
the
termination
order.
22
Sec.
23.
Section
600A.10,
Code
2017,
is
amended
to
read
as
23
follows:
24
600A.10
Termination
procedures
——
prohibited
practices
——
25
penalty
for
violation.
26
1.
Any
biological
parent
who
chooses
to
identify
the
27
other
biological
parent
and
who
knowingly
and
intentionally
28
identifies
a
person
who
is
not
the
other
biological
parent
in
29
the
written
release
of
custody
or
in
any
other
document
related
30
to
the
termination
of
parental
rights
proceedings
is
guilty
of
31
a
simple
serious
misdemeanor.
32
2.
Any
person
who
signs
or
accepts
a
release
of
custody
33
under
section
600A.4
prior
to
the
expiration
of
the
34
seventy-two-hour
period
required
is
guilty
of
a
serious
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misdemeanor.
1
3.
a.
All
of
the
following
are
prohibited
practices
2
regarding
a
proceeding
under
this
chapter:
3
(1)
The
provision
of
termination
of
parental
rights,
child
4
placement,
or
adoption
services
to
any
biological
or
adoptive
5
parent
by
any
person
other
than
an
adoption
service
provider
6
or
the
department.
7
(2)
The
charging
of
a
fee
by
an
adoption
service
provider
8
that
is
more
than
the
usual
and
necessary
fee
commensurate
with
9
the
services
rendered.
10
(3)
The
facilitation,
encouragement,
or
advisement
of
11
adoptive
parents
by
an
adoption
service
provider
to
provide
any
12
thing
of
value
beyond
those
expenditures
allowed
pursuant
to
13
section
600A.6C.
14
(4)
The
knowing
encouragement
or
solicitation
of
payment
15
of
allowable
expenses
or
provision
of
anything
of
value
beyond
16
those
expenditures
allowed
pursuant
to
section
600A.6C,
by
a
17
person
falsely
representing
that
a
child
may
be
available
for
18
adoption
with
the
intent
to
defraud
the
other
person.
19
b.
A
person
who
commits
a
prohibited
practice
under
this
20
subsection
is
guilty
of
a
serious
misdemeanor
for
the
first
21
violation
and
a
class
“C”
felony
for
any
second
or
subsequent
22
violation.
23
Sec.
24.
Section
714.8,
Code
2017,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
21.
Knowingly,
by
deception
and
with
intent
26
to
defraud
another
person,
represents
that
the
child
expected
27
as
the
result
of
that
person’s
pregnancy
or
the
pregnancy
of
28
another
person
may
be
available
for
adoption.
29
Sec.
25.
Section
714.11,
subsection
1,
paragraph
b,
Code
30
2017,
is
amended
to
read
as
follows:
31
b.
A
fraudulent
practice
as
set
forth
in
section
714.8,
32
subsections
2,
8,
and
9
,
and
21
.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
adoption
and
termination
of
parental
2
rights.
The
bill
defines
“adoption
service
provider”
to
3
include
a
licensed
child-placing
agency
or
a
licensed
attorney.
4
The
bill
eliminates
the
definition
of
and
the
use
of
the
term
5
“independent
placement”
relative
to
termination
of
parental
6
rights
and
adoption
proceedings,
thereby
only
allowing
adoption
7
service
providers
and
the
department
of
human
services
(DHS)
to
8
make
placements
of
minor
children
for
the
purposes
of
adoption.
9
The
bill
also
defines
“certified
adoption
investigator”,
for
10
the
purposes
of
termination
of
parental
rights
and
adoption
11
proceedings,
replacing
the
term
“investigator”
which
did
not
12
require
certification
or
approval
of
such
investigators
by
13
the
department
of
human
services.
The
bill
makes
conforming
14
changes
throughout
the
Code
to
reflect
the
new
definitions,
15
including
relative
to
allowable
tax
deductions
from
net
income.
16
The
bill
clarifies
that
the
one
certified
copy
of
the
17
adoption
decree
to
the
petitioner,
and
the
one
copy
of
any
18
adoption
decree
to
DHS,
an
adoption
service
provider,
and
the
19
state
registrar
of
vital
statistics,
currently
required
to
be
20
provided
by
the
clerk
of
the
court,
are
to
be
provided
at
no
21
charge.
22
The
bill
requires
reporting
of
expenditures
and
limitations
23
on
payment
of
only
allowable
expenditures
relating
to
24
termination
of
parental
rights
similar
to
those
requirements
25
currently
in
place
for
adoption.
As
with
adoptions,
the
bill
26
prohibits
a
biological
parent
from
receiving
any
thing
of
value
27
as
a
result
of
the
biological
parent
terminating
the
parent’s
28
parental
rights,
unless
that
thing
of
value
is
an
allowable
29
expense
as
provided
in
the
bill.
Any
person
assisting
in
any
30
way
with
the
termination
of
parental
rights
is
prohibited
31
from
charging
a
fee
which
is
more
than
usual,
necessary,
and
32
commensurate
with
the
services
rendered.
If
the
biological
33
parent
receives
any
prohibited
thing
of
value,
if
a
person
34
gives
a
prohibited
thing
of
value,
or
if
a
person
charges
a
35
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prohibited
fee,
the
person
is
guilty
of
a
serious
misdemeanor.
1
As
with
an
adoption
petitioner,
the
bill
also
requires
a
2
termination
of
parental
rights
petitioner
to
file
with
the
3
juvenile
court
or
court,
prior
to
the
termination
hearing,
a
4
full
accounting
of
all
disbursements
of
any
thing
of
value
5
paid
or
agreed
to
be
paid
by
or
on
behalf
of
the
petitioner
6
or
intended
adoptive
parent
in
connection
with
the
petitioned
7
termination.
The
accounting
is
to
be
made
by
a
report
8
prescribed
by
the
juvenile
court
or
court
and
signed
and
9
verified
by
the
petitioner.
The
report
is
required
to
be
10
accompanied
by
documentation
of
all
disbursements
made
prior
to
11
the
date
of
filing
of
the
report.
The
bill
specifies
allowable
12
expenses
similar
to
those
allowed
relative
to
an
adoption
13
proceeding.
14
Additionally,
the
bill
provides
that
all
payments
for
15
allowable
expenses
shall
be
made
through
the
adoption
16
service
provider
and
that
the
adoption
service
provider
shall
17
deposit
all
funds
received
into
an
escrow
account.
The
bill
18
specifies
that
such
escrow
funds
shall
not
be
commingled
with
19
other
revenues
or
expense
accounts
of
the
adoption
service
20
provider
and
separate
accounting
shall
be
maintained
for
each
21
prospective
adoptive
parent
whose
funds
are
deposited
in
the
22
escrow
account.
Any
escrow
funds
not
disbursed
by
the
adoption
23
service
provider
for
the
benefit
of
the
designated
biological
24
parent
shall
be
returned
to
the
prospective
adoptive
parents
25
with
a
full
accounting
of
all
deposits
and
disbursements.
26
The
bill
provides
that
if
the
adoption
service
provider
is
a
27
licensed
attorney,
use
of
the
attorney’s
state-sanctioned
trust
28
account
shall
satisfy
the
requirement
relative
to
the
escrow
29
account.
30
As
with
similar
provisions
relating
to
payment
of
allowable
31
expenses
under
an
adoption
proceeding,
any
payments
for
32
allowable
expenses
relative
to
a
termination
of
parental
rights
33
proceeding
shall
not
be
made
to
a
biological
parent,
but
34
instead
shall
be
made
directly
to
the
provider
of
the
service,
35
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product,
or
other
activity
to
which
the
allowable
expense
1
is
attributable,
if
applicable.
The
provisions
relating
2
to
allowable
expenditures
and
reporting
do
not
apply
in
a
3
stepparent
adoption.
4
The
bill
directs
that,
as
in
an
adoption
proceeding,
the
5
juvenile
court
or
court
shall
review
the
expenditure
report
6
prior
to
the
termination
hearing
and
shall
include
findings
7
regarding
the
allowance
or
disallowance
of
any
disbursements
or
8
projected
disbursements
in
the
termination
order.
9
The
bill
also
includes
provisions
relating
to
prohibited
10
practices
relating
to
termination
procedures.
The
bill
amends
11
and
increases
the
penalty
from
a
simple
misdemeanor
to
a
12
serious
misdemeanor
for
the
existing
prohibition
against
a
13
person
who
signs
or
accepts
a
release
of
custody
prior
to
the
14
expiration
of
the
required
72-hour
period.
The
bill
includes
15
prohibited
practices,
the
violation
of
which
is
a
serious
16
misdemeanor
for
a
first
offense
and
a
class
“C”
felony
for
any
17
second
or
subsequent
violation.
The
bill
also
includes
similar
18
prohibited
practices
relative
to
an
adoption
proceeding.
19
A
simple
misdemeanor
is
punishable
by
confinement
for
20
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
21
than
$625
or
by
both.
A
serious
misdemeanor
is
punishable
22
by
confinement
for
no
more
than
one
year
and
a
fine
of
at
23
least
$315
but
not
more
than
$1,875.
A
class
“C”
felony
is
24
punishable
by
confinement
for
no
more
than
10
years
and
a
fine
25
of
at
least
$1,000
but
not
more
than
$10,000.
26
The
bill
also
includes
in
the
definition
of
a
fraudulent
27
practice
under
Code
section
714.8,
a
person,
knowingly,
by
28
deception
and
with
intent
to
defraud
another
person,
represents
29
that
the
child
expected
as
the
result
of
that
person’s
30
pregnancy
or
the
pregnancy
of
another
person
may
be
available
31
for
adoption.
The
bill
also
makes
this
fraudulent
practice
a
32
fraudulent
practice
in
the
third
degree,
which
is
an
aggravated
33
misdemeanor.
An
aggravated
misdemeanor
is
punishable
by
34
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
35
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