Bill Text: IA HSB599 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to paternity in certain actions before the juvenile court.(See HF 2487.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-14 - Committee report, recommending amendment and passage. H.J. 262. [HSB599 Detail]
Download: Iowa-2021-HSB599-Introduced.html
House
Study
Bill
599
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
paternity
in
certain
actions
before
the
1
juvenile
court.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232.2,
subsection
39,
Code
2022,
is
1
amended
to
read
as
follows:
2
39.
“Parent”
means
a
biological
or
adoptive
mother
or
father
3
of
a
child;
or
a
father
whose
paternity
has
been
established
4
by
operation
of
law
due
to
the
individual’s
marriage
to
the
5
mother
at
the
time
of
conception,
birth,
or
at
any
time
during
6
the
period
between
conception
and
birth
of
the
child,
by
order
7
of
a
court
of
competent
jurisdiction,
or
by
administrative
8
order
when
authorized
by
state
law.
“Parent”
does
not
include
a
9
mother
or
father
whose
parental
rights
have
been
terminated
or
10
a
father
whose
paternity
has
been
overcome
pursuant
to
section
11
232.3A
or
600B.41A
.
12
Sec.
2.
NEW
SECTION
.
232.3A
Authority
relating
to
action
13
to
overcome
paternity
in
a
child
in
need
of
assistance
or
14
termination
of
parental
rights
proceeding.
15
1.
During
an
action
under
subchapter
III,
child
in
need
16
of
assistance
proceedings,
or
subchapter
IV,
termination
of
17
parent-child
relationship
proceedings
of
this
chapter,
the
18
court
may
on
its
own
motion
or
that
of
any
party,
require
the
19
child
and
established
father
of
the
child
to
submit
to
blood
or
20
genetic
testing
in
accordance
with
the
procedures
and
method
21
prescribed
under
section
600B.41
to
overcome
the
paternity
of
22
the
established
father.
23
2.
The
juvenile
court
may
enter
an
order
overcoming
24
paternity
of
an
established
father
pursuant
to
section
600B.41A
25
if
all
of
the
following
conditions
are
met:
26
a.
The
child
has
been
adjudicated
a
child
in
need
of
27
assistance
in
an
active
juvenile
court
case
and
a
dispositional
28
order
in
that
case
is
in
place.
29
b.
Paternity
of
the
child
has
been
legally
established,
30
including
by
operation
of
law
due
to
the
individual’s
marriage
31
to
the
mother
at
the
time
of
conception,
birth,
or
at
any
time
32
during
the
period
between
conception
and
the
birth
of
the
33
child,
by
order
of
a
court
of
competent
jurisdiction,
or
by
34
administrative
order
when
authorized
by
state
law.
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c.
Pursuant
to
section
600B.41,
the
conclusion
of
the
1
expert
as
disclosed
by
the
evidence
based
upon
blood
or
genetic
2
testing
demonstrates
that
the
established
father
is
not
the
3
biological
father
of
the
child.
4
d.
The
established
father
agrees
that
the
established
5
father’s
paternity
should
be
overcome
or
the
established
father
6
objects
to
having
his
paternity
overcome
but
the
court
finds
7
that
it
is
in
the
best
interest
of
the
child
to
overcome
the
8
established
father’s
paternity.
9
3.
When
the
criteria
specified
in
subsection
2
are
met,
the
10
juvenile
court
shall
enter
an
order
overcoming
paternity,
and
11
shall
send
a
copy
of
the
order
to
the
clerk
of
the
district
12
court.
The
juvenile
court
shall
designate
the
petitioner
and
13
respondent
for
the
purposes
of
the
order.
14
4.
Upon
receipt
of
the
order
by
the
district
court,
the
15
clerk
of
the
district
court
shall
docket
the
case.
Filing
16
fees
and
other
court
costs
shall
not
be
assessed
against
the
17
parties.
18
5.
The
district
court
shall
take
judicial
notice
of
the
19
juvenile
file
in
any
hearing
related
to
the
case.
Records
20
contained
in
the
district
court
case
file
that
were
copied
or
21
transferred
from
the
juvenile
court
file
concerning
the
case
22
shall
be
subject
to
section
232.147
and
other
confidentiality
23
provisions
of
this
chapter
for
cases
not
involving
juvenile
24
delinquency,
and
shall
be
disclosed,
upon
request,
to
the
child
25
support
recovery
unit
without
a
court
order.
26
6.
If
paternity
testing
is
completed
and
the
established
27
father
is
not
excluded
as
the
biological
father
of
the
child,
28
the
juvenile
court
shall
find
the
established
father
to
be
the
29
biological
father
of
the
child
and
a
necessary
party
to
the
30
action.
31
7.
Nothing
in
this
section
shall
be
construed
to
require
32
appointment
of
counsel
for
the
parties
in
the
district
court
33
action.
34
Sec.
3.
Section
600B.41A,
Code
2022,
is
amended
by
adding
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the
following
new
subsection:
1
NEW
SUBSECTION
.
3A.
Establishment
of
paternity
may
be
2
overcome
under
this
section
by
a
juvenile
court
pursuant
to
3
section
232.3A
if
all
of
the
following
conditions
are
met:
4
a.
Paternity
of
a
child
is
contested
during
an
active
5
child
in
need
of
assistance
proceeding
and
the
child
is
under
6
the
jurisdiction
of
the
juvenile
court
at
the
time
an
order
7
overcoming
paternity
is
entered.
8
b.
A
guardian
ad
litem
is
appointed
for
the
child.
9
c.
Notice
of
the
action
to
overcome
paternity
is
served
on
10
any
parent
of
the
child
in
accordance
with
chapter
232
and
if
11
enforcement
services
are
being
provided
by
the
child
support
12
recovery
unit
pursuant
to
chapter
252B,
notice
shall
also
be
13
served
on
the
child
support
recovery
unit.
14
d.
Blood
or
genetic
testing
is
conducted
in
accordance
with
15
sections
232.3A
and
600B.41.
16
(1)
Unless
otherwise
specified
pursuant
to
subsection
2
or
17
9,
blood
or
genetic
testing
shall
be
conducted
in
an
action
to
18
overcome
the
establishment
of
paternity
in
the
child
in
need
of
19
assistance
proceeding.
20
(2)
Unless
otherwise
specified
in
this
section,
section
21
600B.41
applies
to
blood
or
genetic
testing
conducted
as
the
22
result
of
an
action
brought
to
overcome
paternity.
23
(3)
The
juvenile
court
may
order
additional
testing
to
24
be
conducted
by
the
expert
or
an
independent
expert
in
order
25
to
confirm
a
test
upon
which
an
expert
concludes
that
the
26
established
father
is
not
the
biological
father
of
the
child.
27
e.
The
juvenile
court
finds
all
of
the
following,
as
28
applicable:
29
(1)
That
the
conclusion
of
the
expert
as
disclosed
by
the
30
evidence
based
upon
blood
or
genetic
testing
demonstrates
that
31
the
established
father
is
not
the
biological
father
of
the
32
child.
33
(2)
If
paternity
was
established
pursuant
to
section
34
252A.3A,
the
signed
affidavit
was
based
on
fraud,
duress,
or
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material
mistake
of
fact.
1
(3)
The
established
father
agrees
that
his
paternity
should
2
be
overcome
or
the
juvenile
court
finds
it
is
in
the
best
3
interest
of
the
child
that
the
established
father’s
paternity
4
be
overcome
despite
the
established
father’s
objection.
5
Sec.
4.
Section
600B.41A,
subsection
4,
unnumbered
6
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
7
If
the
court
finds
that
the
establishment
of
paternity
is
8
overcome,
in
accordance
with
all
of
the
conditions
prescribed
9
under
subsection
3
or
3A
,
the
court
shall
enter
an
order
which
10
provides
all
of
the
following:
11
Sec.
5.
Section
602.6306,
subsection
2,
Code
2022,
is
12
amended
to
read
as
follows:
13
2.
District
associate
judges
also
have
jurisdiction
14
in
civil
actions
for
money
judgment
where
the
amount
in
15
controversy
does
not
exceed
ten
thousand
dollars;
jurisdiction
16
over
involuntary
commitment,
treatment,
or
hospitalization
17
proceedings
under
chapters
125
and
229
;
jurisdiction
of
18
indictable
misdemeanors,
class
“D”
felony
violations,
and
19
other
felony
arraignments;
jurisdiction
to
enter
a
temporary
20
or
emergency
order
of
protection
under
chapter
235F
or
236
,
21
and
to
make
court
appointments
and
set
hearings
in
criminal
22
matters;
jurisdiction
to
enter
orders
in
probate
which
do
not
23
require
notice
and
hearing
and
to
set
hearings
in
actions
under
24
chapter
633
or
633A
;
and
the
jurisdiction
provided
in
section
25
232.3A,
600.41A,
or
602.7101
when
designated
as
a
judge
of
the
26
juvenile
court.
While
presiding
in
these
subject
matters
a
27
district
associate
judge
shall
employ
district
judges’
practice
28
and
procedure.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
actions
to
overcome
paternity
during
33
a
child
in
need
of
assistance
proceeding
or
a
termination
34
of
parental
rights
proceeding,
and
the
jurisdiction
of
the
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juvenile
court
to
initiate
an
action
to
overcome
paternity.
1
The
bill
provides
that
for
the
purposes
of
Code
chapter
232
2
(juvenile
justice),
“parent”
does
not
include
a
father
whose
3
paternity
has
been
overcome.
4
The
bill
provides
authority
for
the
juvenile
court
during
a
5
child
in
need
of
assistance
(CINA)
proceeding
or
termination
of
6
parent-child
relationship
proceeding
under
Code
chapter
232,
7
on
its
own
motion
or
that
of
any
party,
to
require
the
child
8
and
established
father
to
submit
to
blood
or
genetic
testing,
9
to
challenge
the
paternity
of
the
child.
The
juvenile
court
10
may
enter
an
order
overcoming
paternity
of
an
established
11
father
if:
the
child
has
been
adjudicated
a
CINA
in
an
active
12
juvenile
court
case
and
a
dispositional
order
in
that
case
is
13
in
place;
paternity
of
the
child
has
been
legally
established;
14
the
conclusion
of
the
expert
as
disclosed
by
the
evidence
based
15
upon
blood
or
genetic
testing
demonstrates
that
the
established
16
father
is
not
the
biological
father
of
the
child;
and
the
17
established
father
agrees
that
his
paternity
should
be
overcome
18
or
the
established
father
objects
to
having
his
paternity
19
overcome
but
the
court
finds
that
it
is
in
the
best
interest
20
of
the
child
to
overcome
his
paternity.
The
bill
provides
21
that
when
the
criteria
for
overcoming
paternity
are
met,
the
22
juvenile
court
shall
enter
an
order
overcoming
paternity,
and
23
shall
send
a
copy
of
the
order
to
the
clerk
of
the
district
24
court.
The
juvenile
court
shall
designate
the
petitioner
and
25
respondent
for
the
purposes
of
the
order.
Upon
receipt
of
the
26
order
by
the
district
court,
the
clerk
of
the
district
court
27
shall
docket
the
case.
Filing
fees
and
other
court
costs
shall
28
not
be
assessed
against
the
parties.
29
The
district
court
shall
take
judicial
notice
of
the
30
juvenile
file
in
any
hearing
related
to
the
case.
Records
31
contained
in
the
district
court
case
file
that
were
copied
or
32
transferred
from
the
juvenile
court
file
concerning
the
case
33
are
subject
to
the
confidentiality
provisions
of
Code
chapter
34
232
for
cases
not
involving
juvenile
delinquency,
and
shall
be
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disclosed,
upon
request,
to
the
child
support
recovery
unit
1
without
a
court
order.
2
If
paternity
testing
is
completed
and
the
established
father
3
is
not
excluded
as
the
biological
father
of
the
child,
the
4
court
shall
find
the
established
father
to
be
the
biological
5
father
of
the
child
and
a
necessary
party
to
the
action.
The
6
provisions
of
the
bill
are
not
to
be
construed
to
require
7
appointment
of
counsel
for
the
parties
in
the
district
court
8
action.
9
The
bill
also
establishes
the
criteria
under
Code
section
10
600B.41A
(actions
to
overcome
paternity
——
applicability
——
11
conditions)
specific
to
an
action
under
the
jurisdiction
of
12
the
juvenile
court
to
overcome
paternity
in
a
child
in
need
of
13
assistance
proceeding.
14
The
bill
makes
conforming
changes
in
the
Code
including
15
under
Code
section
602.6306
(jurisdiction,
procedure,
appeals)
16
relating
to
the
jurisdiction
of
district
associate
judges
when
17
designated
as
a
judge
of
the
juvenile
court,
to
include
the
18
overcoming
of
paternity
proceedings
created
in
the
bill.
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