Bill Text: IA HSB108 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the modification of a bridge order issued pursuant to a previous child in need of assistance case.(See HF 359.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-02-20 - Committee report approving bill, renumbered as HF 359. [HSB108 Detail]
Download: Iowa-2023-HSB108-Introduced.html
House
Study
Bill
108
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
the
modification
of
a
bridge
order
issued
1
pursuant
to
a
previous
child
in
need
of
assistance
case.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232.103A,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
6A.
a.
If
a
bridge
order
currently
3
exists
for
a
child,
a
juvenile
court
may
close
a
child
in
4
need
of
assistance
case
by
transferring
jurisdiction
over
the
5
child’s
custody,
physical
care,
and
visitation
to
the
district
6
court
through
modification
of
that
bridge
order,
if
all
of
7
the
criteria
in
section
1,
paragraphs
“a”
,
“b”
,
“c”
,
and
“f”,
8
are
met
and
the
juvenile
court
has
determined
that
the
child
9
in
need
of
assistance
case
can
safely
close
once
the
child’s
10
previous
bridge
order
is
modified
and
entered
by
the
district
11
court.
12
b.
The
modification
of
a
bridge
order
pursuant
to
paragraph
13
“a”
shall
designate
the
petitioner
and
respondent
in
the
14
existing
bridge
order
as
petitioner
and
respondent
in
their
15
previously
designated
roles.
A
modification
of
a
bridge
order
16
shall
only
address
custody,
physical
care,
and
visitation.
17
All
other
matters,
including
child
support,
shall
be
filed
by
18
separate
petition
or
by
action
of
the
child
support
recovery
19
unit,
and
shall
be
subject
to
existing
applicable
statutory
20
provisions.
21
c.
Filing
fees
and
other
court
costs
shall
not
be
assessed
22
against
the
parties.
23
d.
The
district
court
shall
take
judicial
notice
of
the
24
juvenile
file
in
any
hearing
related
to
the
case.
Records
25
contained
in
the
district
court
case
file
that
were
copied
or
26
transferred
from
the
juvenile
court
file
concerning
the
case
27
shall
be
subject
to
section
232.147
and
other
confidentiality
28
provisions
of
this
chapter
for
cases
not
involving
juvenile
29
delinquency,
and
shall
be
disclosed,
upon
request,
to
the
child
30
support
recovery
unit
without
a
court
order.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
the
ability
of
a
juvenile
court
to
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close
a
child
in
need
of
assistance
(CINA)
case
by
transferring
1
jurisdiction
through
modification
of
a
bridge
order
issued
2
pursuant
to
a
previous
CINA
case.
3
Under
current
law,
a
juvenile
court
may
close
a
CINA
case
by
4
issuing
a
bridge
order
that
would
transfer
jurisdiction
to
the
5
district
court.
If
the
child
is
subject
to
a
subsequent
CINA
6
case,
the
juvenile
court
is
required
to
issue
a
new
order
for
7
the
case
and
a
court
would
have
to
rescind
the
previous
bridge
8
order.
The
bill
provides
that
if
a
bridge
order
currently
9
exists
for
a
child
in
a
CINA
case,
a
juvenile
court
may
close
10
a
CINA
case
by
transferring
jurisdiction
over
the
child’s
11
custody,
physical
care,
and
visitation
to
the
district
court
12
through
a
modification
of
the
bridge
order
issued
pursuant
13
to
the
previous
CINA
case
if
the
child
has
been
adjudicated
14
a
CINA
in
an
active
juvenile
court
case,
and
a
dispositional
15
order
in
that
case
is
in
place;
paternity
of
the
child
has
been
16
legally
established,
including
by
operation
of
law
due
to
the
17
individual’s
marriage
to
the
mother
at
the
time
of
conception,
18
birth,
or
at
any
time
during
the
period
between
conception
19
and
birth
of
the
child,
by
order
of
a
court
of
competent
20
jurisdiction,
or
by
administrative
order
when
authorized
by
21
state
law;
the
child
is
safely
placed
by
the
juvenile
court
22
with
a
parent;
a
parent
qualified
for
a
court-appointed
23
attorney
in
the
juvenile
court
case;
and
the
juvenile
court
has
24
determined
that
the
CINA
case
can
safely
close
once
the
child’s
25
previous
bridge
order
is
modified
and
entered
by
the
district
26
court.
27
The
bill
requires
a
bridge
order
to
designate
the
petitioner
28
and
respondent
in
the
existing
bridge
order
as
petitioner
and
29
respondent
in
their
previously
designated
roles.
30
The
bill
restricts
the
scope
of
a
modification
of
a
bridge
31
order
to
issues
pertaining
to
custody,
physical
care,
and
32
visitation.
All
other
matters,
including
child
support,
shall
33
be
filed
by
separate
petition
or
by
action
of
the
child
support
34
recovery
unit,
and
shall
be
subject
to
existing
applicable
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statutory
provisions.
1
The
bill
waives
filing
fees
and
other
court
costs
related
2
to
the
juvenile
court
transferring
jurisdiction
to
a
district
3
court
pursuant
to
a
modification
of
a
bridge
order.
4
The
bill
requires
the
district
court
to
take
judicial
notice
5
of
the
juvenile
file
in
any
hearing
related
to
the
case
being
6
transferred
pursuant
to
a
modification
of
a
bridge
order.
7
Records
contained
in
the
district
court
case
file
that
were
8
copied
or
transferred
from
the
juvenile
court
file
concerning
9
the
case
are
subject
to
all
Code
chapter
232
(juvenile
justice)
10
confidentiality
provisions,
and
must
be
disclosed,
upon
11
request,
to
the
child
support
recovery
unit
without
a
court
12
order.
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