Bill Text: IA HSB520 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to the time period during which a vacation or appeal of a termination of parental rights order may be requested.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-04 - Voted - Judiciary. [HSB520 Detail]
Download: Iowa-2015-HSB520-Introduced.html
House
Study
Bill
520
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
the
time
period
during
which
a
vacation
or
1
appeal
of
a
termination
of
parental
rights
order
may
be
2
requested.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
232.117,
subsection
10,
Code
2016,
is
1
amended
to
read
as
follows:
2
10.
If
a
termination
of
parental
rights
order
is
issued
on
3
the
grounds
that
the
child
is
a
newborn
infant
whose
parent
4
has
voluntarily
released
custody
of
the
child
under
section
5
232.116,
subsection
1
,
paragraph
“c”
,
the
court
shall
retain
6
jurisdiction
to
change
a
guardian
or
custodian
and
to
allow
a
7
parent
whose
rights
have
been
terminated
to
request
vacation
8
or
appeal
of
the
termination
order
which
.
Any
such
request
9
must
be
made
filed
within
thirty
fifteen
days
of
issuance
of
10
the
granting
entry
of
the
termination
order.
The
period
for
11
request
for
vacation
or
appeal
by
a
parent
whose
rights
have
12
been
terminated
shall
not
be
waived
or
extended
and
a
vacation
13
or
appeal
shall
not
be
granted
for
a
request
made
after
the
14
expiration
of
this
period.
The
court
shall
grant
the
vacation
15
request
only
if
it
is
in
the
best
interest
of
the
child.
The
16
supreme
court
shall
prescribe
rules
to
establish
the
period
of
17
thirty
days,
which
shall
not
be
waived
or
extended,
in
which
a
18
parent
whose
parental
rights
have
been
terminated
may
request
a
19
vacation
or
appeal
of
such
a
termination
order
administer
this
20
subsection
.
21
Sec.
2.
Section
600A.9,
subsection
2,
Code
2016,
is
amended
22
to
read
as
follows:
23
2.
If
an
order
is
issued
under
subsection
1
,
paragraph
“b”
24
of
this
section
,
the
juvenile
court
shall
retain
jurisdiction
25
to
change
a
guardian
or
custodian
and
to
allow
a
terminated
26
parent
or
any
putative
biological
parent
to
request
vacation
27
or
appeal
of
the
termination
order
which
.
Any
such
request
28
must
be
made
filed
within
thirty
fifteen
days
of
issuance
29
of
the
granting
entry
of
the
order.
The
period
for
request
30
by
a
terminated
parent
or
by
a
putative
biological
parent
31
for
vacation
or
appeal
shall
not
be
waived
or
extended
and
a
32
vacation
or
appeal
shall
not
be
granted
after
the
expiration
33
of
this
period.
The
juvenile
court
shall
grant
the
vacation
34
request
only
if
it
is
in
the
best
interest
of
the
child.
The
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supreme
court
shall
prescribe
rules
to
establish
a
period
of
1
thirty
days,
which
shall
not
be
waived
or
extended,
in
which
a
2
terminated
or
putative
biological
parent
may
request
a
vacation
3
or
appeal
of
a
termination
order
administer
this
subsection
.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
reduces
the
time
period
during
which
a
request
for
8
vacation
or
appeal
of
a
termination
of
parental
rights
order
9
must
be
filed
from
within
30
days
to
within
15
days
of
the
entry
10
of
the
order
under
both
Code
chapter
232
(juvenile
justice)
and
11
Code
chapter
600A
(termination
of
parental
rights).
The
bill
12
also
directs
the
supreme
court
to
prescribe
rules
to
administer
13
the
provision.
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