Bill Text: IA HF2378 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the time period during which a vacation or appeal of a termination of parental rights order may be requested. (Formerly HSB 520)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-03-11 - Rereferred to Judiciary. H.J. 456. [HF2378 Detail]

Download: Iowa-2015-HF2378-Introduced.html

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House File 2378 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 520)

                                      A BILL FOR

  1 An Act relating to the time period during which a vacation or
  2    appeal of a termination of parental rights order may be
  3    requested.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5341HV (1) 86
    pf/nh

PAG LIN



  1  1    Section 1.  Section 232.117, subsection 10, Code 2016, is
  1  2 amended to read as follows:
  1  3    10.  If a termination of parental rights order is issued on
  1  4 the grounds that the child is a newborn infant whose parent
  1  5 has voluntarily released custody of the child under section
  1  6 232.116, subsection 1, paragraph "c", the court shall retain
  1  7 jurisdiction to change a guardian or custodian and to allow a
  1  8 parent whose rights have been terminated to request vacation
  1  9 or appeal of the termination order which. Any such request
  1 10 must be made filed within thirty fifteen days of issuance of
  1 11 the granting entry of the termination order. The period for
  1 12 request for vacation or appeal by a parent whose rights have
  1 13 been terminated shall not be waived or extended and a vacation
  1 14 or appeal shall not be granted for a request made after the
  1 15 expiration of this period. The court shall grant the vacation
  1 16 request only if it is in the best interest of the child. The
  1 17 supreme court shall prescribe rules to establish the period of
  1 18 thirty days, which shall not be waived or extended, in which a
  1 19 parent whose parental rights have been terminated may request a
  1 20 vacation or appeal of such a termination order administer this
  1 21 subsection.
  1 22    Sec. 2.  Section 600A.9, subsection 2, Code 2016, is amended
  1 23 to read as follows:
  1 24    2.  If an order is issued under subsection 1, paragraph "b"
  1 25 of this section, the juvenile court shall retain jurisdiction
  1 26 to change a guardian or custodian and to allow a terminated
  1 27 parent or any putative biological parent to request vacation
  1 28 or appeal of the termination order which. Any such request
  1 29 must be made filed within thirty fifteen days of issuance
  1 30 of the granting entry of the order. The period for request
  1 31 by a terminated parent or by a putative biological parent
  1 32 for vacation or appeal shall not be waived or extended and a
  1 33 vacation or appeal shall not be granted after the expiration
  1 34 of this period. The juvenile court shall grant the vacation
  1 35 request only if it is in the best interest of the child. The
  2  1 supreme court shall prescribe rules to establish a period of
  2  2 thirty days, which shall not be waived or extended, in which a
  2  3 terminated or putative biological parent may request a vacation
  2  4 or appeal of a termination order administer this subsection.
  2  5                           EXPLANATION
  2  6 The inclusion of this explanation does not constitute agreement with
  2  7 the explanation's substance by the members of the general assembly.
  2  8    This bill reduces the time period during which a request for
  2  9 vacation or appeal of a termination of parental rights order
  2 10 must be filed from within 30 days to within 15 days of the entry
  2 11 of the order under both Code chapter 232 (juvenile justice) and
  2 12 Code chapter 600A (termination of parental rights). The bill
  2 13 also directs the supreme court to prescribe rules to administer
  2 14 the provision.
       LSB 5341HV (1) 86
       pf/nh