Bill Text: IA HF100 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the parental rights of an individual whose parentage is the result of sexual abuse for which the individual has been convicted.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-01-27 - Introduced, referred to Judiciary. H.J. 154. [HF100 Detail]
Download: Iowa-2015-HF100-Introduced.html
House File 100 - Introduced HOUSE FILE BY JONES A BILL FOR 1 An Act relating to the parental rights of an individual whose 2 parentage is the result of sexual abuse for which the 3 individual has been convicted. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1939YH (2) 86 pf/nh PAG LIN 1 1 Section 1. Section 598.10, Code 2015, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 1A. Notwithstanding subsection 1, the 1 4 court shall not award visitation or temporary custody to a 1 5 party who is the biological parent of a child if the other 1 6 biological parent of the child has filed a termination of 1 7 parental rights petition based on the grounds specified in 1 8 section 600A.8, subsection 11, during the pendency of the 1 9 action. 1 10 Sec. 2. NEW SECTION. 598.41E Custody and visitation ==== 1 11 sexual abuse ==== pendency of termination of parental rights 1 12 action. 1 13 Notwithstanding section 598.41, custody and visitation shall 1 14 not be awarded to a party who is the biological parent of a 1 15 child if the other biological parent of the child has filed a 1 16 termination of parental rights petition based on the grounds 1 17 specified in section 600A.8, subsection 11, during the pendency 1 18 of the action. 1 19 Sec. 3. Section 600A.5, subsection 3, paragraph c, Code 1 20 2015, is amended to read as follows: 1 21 c. A plain statement of the facts and grounds in section 1 22 600A.8 which indicate that the parent=child relationship should 1 23 be terminated. If the grounds stated are those specified 1 24 in section 600A.8, subsection 11, relating to sexual abuse 1 25 perpetrated by the biological parent of the child, the 1 26 petitioner may also petition the court for a temporary order 1 27 and an injunction prohibiting the individual for whom the 1 28 petitioner is seeking termination of parental rights from 1 29 visiting or contacting the child alleging facts sufficient to 1 30 demonstrate that such prohibition is in the best interest of 1 31 the child. 1 32 Sec. 4. Section 600A.6, subsection 1, Code 2015, is amended 1 33 to read as follows: 1 34 1. a. A termination of parental rights under this chapter 1 35 shall, unless provided otherwise in this section, be ordered 2 1 only after notice has been served on all necessary parties and 2 2 these parties have been given an opportunity to be heard before 2 3 the juvenile court except that notice need not be served on the 2 4 petitioner or on any necessary party who is the spouse of the 2 5 petitioner. 2 6 b. (1) "Necessary party" means any person whose name, 2 7 residence, and domicile are required to be included on the 2 8 petition under section 600A.5, subsection 3, paragraphs "a" 2 9 and "b", and any putative father who files a declaration of 2 10 paternity in accordance with section 144.12A, or any unknown 2 11 putative father, if any, except a biological parent who has 2 12 been convicted of having sexually abused the other biological 2 13 parent while not cohabiting with that parent as husband and 2 14 wife, thereby producing the birth of the child who is the 2 15 subject of the termination proceedings. 2 16 (2) "Necessary party" does not include an individual 2 17 who may be the biological parent of a child conceived as a 2 18 result of sexual abuse perpetrated by the individual, if the 2 19 individual has been convicted of sexual abuse. An individual 2 20 who is not a necessary party and is not served notice under 2 21 this subparagraph does not have standing to appear and 2 22 contest a petition for the termination of parental rights, 2 23 present evidence relevant to the issue of disposition, or make 2 24 alternative dispositional recommendations. 2 25 Sec. 5. Section 600A.7, Code 2015, is amended by adding the 2 26 following new subsection: 2 27 NEW SUBSECTION. 4. The grounds specified in section 2 28 600A.8, subsection 11, relating to conception of the child 2 29 as the result of sexual abuse may be proven by evidence of 2 30 a conviction of sexual abuse committed, during the possible 2 31 time of conception, against the other biological parent of the 2 32 child. 2 33 Sec. 6. Section 600A.8, Code 2015, is amended by adding the 2 34 following new subsection: 2 35 NEW SUBSECTION. 11. A biological parent of the child who 3 1 is the subject of the termination of parental rights has been 3 2 convicted of sexual abuse against the other biological parent 3 3 of the child and the child was conceived as a result of the 3 4 sexual abuse. 3 5 EXPLANATION 3 6 The inclusion of this explanation does not constitute agreement with 3 7 the explanation's substance by the members of the general assembly. 3 8 This bill relates to the termination of parental rights of 3 9 and the awarding of visitation and custody to a biological 3 10 parent whose parentage is the result of the biological parent's 3 11 perpetration of sexual abuse on the other biological parent, 3 12 for which the biological parent has been convicted of sexual 3 13 abuse, resulting in the conception of the child. 3 14 Under Code chapter 598, the bill provides that the court 3 15 shall not award either temporary or permanent visitation or 3 16 custody to a party who is the biological parent of a child 3 17 if the other biological parent of the child has filed a 3 18 termination of parental rights petition based on the grounds 3 19 that the conception of the child is the result of sexual abuse 3 20 perpetrated by the biological parent against the biological 3 21 parent filing the petition, during the pendency of the 3 22 termination of parental rights action. 3 23 Under Code chapter 600A, the bill provides that in a 3 24 termination of parental rights action, one of the grounds for 3 25 termination is that a biological parent of the child who is the 3 26 subject of the termination of parental rights was convicted 3 27 of sexual abuse against the other biological parent of the 3 28 child and the child was conceived as a result of the sexual 3 29 abuse. Under the bill, in the petition for termination of 3 30 an individual's parental rights based on sexual abuse that 3 31 resulted in the conception of a child, the petitioner may 3 32 request a temporary order and injunction prohibiting that 3 33 individual from visiting or contacting the child. The bill 3 34 also provides that a "necessary party" who is required to be 3 35 served notice of a termination of parental rights proceeding 4 1 does not include an individual who may be the biological parent 4 2 of a child conceived as a result of sexual abuse perpetrated 4 3 by the individual, if the individual has been convicted of 4 4 sexual abuse. Such individual also does not have standing to 4 5 appear and contest a petition for the termination of parental 4 6 rights, present evidence relevant to the issue of disposition, 4 7 or make alternative dispositional recommendations. The bill 4 8 provides that in the hearing on termination of parental rights, 4 9 the grounds relating to conception of the child as the result 4 10 of sexual abuse may be proven by evidence of a conviction of 4 11 sexual abuse committed, during the possible time of conception, 4 12 against the other biological parent of the child. LSB 1939YH (2) 86 pf/nh
