Bill Text: IA SF2336 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing for the reinstatement of parental rights of a former parent under certain circumstances. (Formerly SF 545, SF 421.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-21 - Fiscal note. [SF2336 Detail]
Download: Iowa-2019-SF2336-Introduced.html
Senate
File
2336
-
Introduced
SENATE
FILE
2336
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SF
545)
(SUCCESSOR
TO
SF
421)
A
BILL
FOR
An
Act
providing
for
the
reinstatement
of
parental
rights
of
a
1
former
parent
under
certain
circumstances.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
232.121
Reinstatement
of
parental
1
rights.
2
1.
A
child,
the
child’s
guardian
ad
litem,
the
department,
3
or
an
agency
or
person
to
whom
guardianship
and
custody
of
the
4
child
has
been
transferred
following
termination
of
parental
5
rights
of
a
parent
under
section
232.117,
may
petition
the
6
juvenile
court
to
reinstate
the
parental
rights
of
the
child’s
7
former
parent
if
all
of
the
following
circumstances
exist,
8
making
the
child
an
eligible
child
for
purposes
of
this
9
section:
10
a.
The
child
was
previously
found
to
be
a
child
in
need
of
11
assistance
under
this
chapter.
12
b.
The
child
has
not
achieved
the
goals
of
the
child’s
case
13
permanency
plan,
and
is
not
likely
to
do
so.
14
c.
The
child
does
not
have
a
permanent
placement
or
a
15
planned
permanent
placement,
is
not
subject
to
a
permanent
16
guardianship,
is
not
in
an
adoptive
placement,
is
not
likely
17
to
be
adopted
within
a
reasonable
period
of
time,
and
other
18
permanency
options
have
been
exhausted.
19
d.
The
child’s
former
parent’s
parental
rights
were
20
terminated
in
a
proceeding
under
this
chapter,
but
the
21
termination
of
the
parent-child
relationship
was
not
based
on
a
22
finding
of
sexual
abuse,
a
near
child
fatality,
a
suspicious
23
child
fatality,
or
an
incident
of
egregious
abuse
or
neglect
24
against
a
child
as
evidenced
by
the
aggravated
circumstances
25
specified
pursuant
to
section
232.102,
subsection
12,
26
paragraphs
“d”
through
“g”
.
27
e.
Two
years
have
passed
since
the
final
order
of
28
termination
of
parental
rights
was
entered.
29
f.
The
child
is
at
least
twelve
years
of
age
when
the
30
petition
is
filed,
or
is
younger
than
twelve
years
of
age
when
31
the
petition
is
filed
but
is
part
of
a
sibling
group
including
32
a
child
for
whom
reinstatement
is
being
sought
and
that
child
33
meets
the
other
conditions
for
reinstatement.
34
2.
a.
If
a
child
meets
the
criteria
of
an
eligible
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child
under
subsection
1,
the
child’s
guardian
ad
litem,
1
the
department,
or
an
agency
or
person
to
whom
guardianship
2
and
custody
of
the
child
has
been
transferred
under
section
3
232.117,
shall
notify
the
child
of
the
child’s
right
to
4
petition
the
court
for
the
reinstatement.
5
b.
If
the
former
parent
whose
rights
were
previously
6
terminated
contacts
the
child’s
guardian
ad
litem,
the
7
department,
or
the
agency
or
other
person
to
whom
guardianship
8
and
custody
of
the
child
has
been
transferred
under
section
9
232.117,
and
the
child
is
eligible
pursuant
to
subsection
1,
10
the
guardian
ad
litem,
department,
agency,
or
other
person
11
shall
notify
the
eligible
child
of
the
child’s
right
to
12
petition
the
court
for
the
reinstatement.
13
3.
If
a
child
seeking
to
petition
for
reinstatement
of
14
parental
rights
under
this
section
does
not
have
a
guardian
15
ad
litem
or
attorney,
the
court
shall
appoint
a
guardian
ad
16
litem
and
counsel
for
the
child
at
no
cost
to
the
child.
If
a
17
guardian
ad
litem
has
previously
been
appointed
for
the
child
18
in
a
proceeding
under
this
chapter,
the
same
person
may
serve
19
both
as
the
child’s
counsel
and
as
guardian
ad
litem.
However,
20
the
court
may
appoint
a
separate
guardian
ad
litem
if
the
same
21
person
cannot
properly
represent
the
legal
interests
of
the
22
child
as
legal
counsel
and
also
represent
the
best
interest
of
23
the
child
as
guardian
ad
litem.
24
4.
The
petition
must
be
signed
by
the
child
unless
good
25
cause
is
shown
as
to
why
the
child
is
unable
to
do
so.
The
26
former
parent
for
whom
reinstatement
of
parental
rights
is
27
sought
must
consent
in
writing
to
the
petition.
28
5.
The
court
shall
hold
a
threshold
hearing
to
consider
29
the
former
parent’s
apparent
interest
in
the
reinstatement
of
30
parental
rights.
At
a
minimum,
the
threshold
hearing
shall
31
determine
all
of
the
following:
32
a.
Whether
the
former
parent
has
remedied
the
former
33
parent’s
deficits
as
provided
in
the
record
of
the
prior
34
termination
proceedings
and
prior
termination
order.
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b.
Whether
the
former
parent
has
participated
in
an
1
assessment
based
on
evidence-based
criteria
that
supports
the
2
reinstatement
of
the
parent-child
relationship
as
being
in
the
3
best
interest
of
the
child.
4
6.
If,
after
a
threshold
hearing
to
consider
the
former
5
parent’s
apparent
fitness
and
interest
in
the
reinstatement
6
of
parental
rights,
the
court
finds
by
a
preponderance
of
the
7
evidence
that
the
best
interest
of
the
child
may
be
served
by
8
the
reinstatement
of
parental
rights,
the
court
shall
order
9
that
a
hearing
on
the
merits
of
the
petition
be
held.
10
7.
Before
a
hearing
is
held
on
the
merits
of
the
petition,
11
notice
shall
be
provided
to
the
child’s
guardian
ad
litem,
the
12
department,
the
agency
or
other
person
to
whom
guardianship
13
and
custody
of
the
child
has
been
transferred
under
section
14
232.117,
the
child’s
attorney,
the
child,
the
child’s
former
15
parent
whose
parental
rights
are
the
subject
of
the
petition,
16
any
parent
whose
rights
have
not
been
terminated,
the
child’s
17
current
foster
parent,
the
child’s
relative
caregiver,
and
the
18
child’s
tribe,
if
applicable.
Notice
shall
be
provided
in
the
19
same
manner
as
in
section
232.37.
20
8.
The
court
shall
conditionally
grant
the
petition
if
the
21
court
finds
by
clear
and
convincing
evidence
that
the
child
has
22
not
been
adopted,
has
not
achieved
the
goals
of
the
child’s
23
case
permanency
plan,
and
is
not
imminently
likely
to
achieve
24
such
goals,
and
that
reinstatement
of
parental
rights
is
in
the
25
child’s
best
interest.
In
determining
whether
reinstatement
is
26
in
the
child’s
best
interest
the
court
shall
consider,
but
is
27
not
limited
to
considering,
all
of
the
following:
28
a.
Whether
the
former
parent
whose
rights
are
to
be
29
reinstated
is
a
fit
parent
and
has
remedied
the
former
parent’s
30
deficits
as
provided
in
the
record
of
the
prior
termination
31
proceedings
and
prior
termination
order.
32
b.
Whether
the
former
parent
whose
rights
are
to
be
33
reinstated
understands
the
legal
obligations,
rights,
and
34
consequences
of
the
reinstatement
of
parental
rights
and
is
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willing
and
able
to
accept
such
obligations,
rights,
and
1
consequences.
2
c.
The
age
and
maturity
of
the
child,
and
the
ability
of
the
3
child
to
express
the
child’s
preference.
4
d.
Whether
the
reinstatement
of
parental
rights
will
present
5
a
risk
to
the
child’s
health,
welfare,
or
safety.
6
e.
Other
material
changes
in
circumstances,
if
any,
that
may
7
have
occurred
which
warrant
the
granting
of
the
petition.
8
9.
In
determining
whether
the
child
has
or
has
not
achieved
9
the
goals
of
the
child’s
case
permanency
plan
or
whether
the
10
child
is
imminently
likely
to
achieve
the
goals
of
the
child’s
11
case
permanency
plan,
the
department,
or
the
agency
or
other
12
person
to
whom
guardianship
and
custody
of
the
child
has
been
13
transferred
under
section
232.117,
shall
provide
the
court,
and
14
the
court
shall
review,
information
related
to
any
efforts
to
15
achieve
the
goals
of
the
case
permanency
plan
including
efforts
16
to
achieve
adoption
or
a
permanent
placement.
17
10.
a.
If
the
court
conditionally
grants
the
petition
under
18
subsection
7,
the
case
shall
be
continued
for
six
months
and
a
19
temporary
order
of
reinstatement
entered.
During
this
period,
20
the
child
shall
be
placed
in
the
custody
of
the
former
parent.
21
The
department
or
agency
shall
develop
a
case
permanency
plan
22
for
the
child
reflecting
reunification
and
shall
provide
23
transition
services
to
the
family,
as
appropriate.
24
b.
If
the
child
must
be
removed
from
the
former
parent
due
25
to
allegations
of
abuse
or
neglect
prior
to
the
expiration
26
of
the
conditional
six-month
period,
the
court
shall
dismiss
27
the
petition
for
reinstatement
of
parental
rights
if
the
court
28
finds
the
allegations
have
been
proven
by
a
preponderance
of
29
the
evidence.
30
11.
At
the
end
of
the
six-month
period,
the
court
shall
hold
31
a
hearing
and
order
one
of
the
following:
32
a.
If
the
placement
with
the
former
parent
has
been
33
successful,
the
court
shall
enter
a
final
order
of
34
reinstatement
of
parental
rights,
which
shall
restore
all
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rights,
powers,
privileges,
immunities,
duties,
and
obligations
1
of
the
parent
as
to
the
child,
including
those
relating
2
to
custody,
control,
and
support
of
the
child.
The
court
3
shall
vacate
the
dispositional
order
in
the
child
in
need
4
of
assistance
proceeding
and
direct
the
clerk’s
office
to
5
provide
a
certified
copy
of
the
final
order
of
reinstatement
of
6
parental
rights
to
the
parent
at
no
cost.
7
b.
If
the
placement
with
the
former
parent
has
not
been
8
successful,
the
court
shall
dismiss
the
petition
and
the
9
child’s
case
permanency
plan
shall
remain
in
effect.
10
12.
A
proceeding
to
reinstate
parental
rights
is
a
separate
11
action
from
the
termination
of
parental
rights
proceeding
12
and
does
not
vacate
or
otherwise
affect
the
validity
of
the
13
original
termination
of
parental
rights
order.
An
order
14
granted
under
this
section
reinstates
the
former
parent’s
15
rights
to
the
child.
The
reinstatement
is
a
recognition
that
16
the
situation
of
the
parent
and
child
has
changed
since
the
17
time
of
the
termination
of
parental
rights
and
reunification
18
is
now
appropriate.
19
13.
A
parent
whose
rights
are
reinstated
under
this
20
section
shall
not
be
liable
for
any
child
support
owed
to
the
21
department
or
costs
of
other
services
provided
to
a
child
for
22
the
time
period
from
the
date
of
termination
of
parental
rights
23
to
the
date
parental
rights
are
reinstated.
24
14.
This
section
shall
apply
to
any
eligible
child
who
is
25
under
the
jurisdiction
of
the
juvenile
court
at
the
time
of
the
26
hearing
regardless
of
the
date
parental
rights
were
terminated.
27
15.
The
state,
the
department,
or
an
agency
or
other
person
28
or
an
employee
of
such
entities
is
not
liable
for
civil
damages
29
resulting
from
any
act
or
omission
in
the
provision
of
services
30
under
this
section
unless
the
act
or
omission
constitutes
gross
31
negligence.
This
section
does
not
create
any
duty
and
shall
32
not
be
construed
to
create
a
duty
where
none
exists.
This
33
section
does
not
create
a
cause
of
action
against
the
state,
34
the
department,
an
agency,
another
person,
or
the
employees
of
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such
entities
concerning
the
original
termination.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
provides
for
the
reinstatement
of
parental
rights
5
following
the
granting
of
a
termination
of
parental
rights
6
order,
under
certain
circumstances.
The
bill
provides
that
7
a
child,
the
child’s
guardian
ad
litem
(GAL),
the
department
8
of
human
services
(DHS),
or
an
agency
or
person
to
whom
9
guardianship
and
custody
of
the
child
has
been
transferred
10
following
termination
of
the
parental
rights
of
a
parent,
may
11
petition
the
juvenile
court
(court)
to
reinstate
the
previously
12
terminated
parental
rights
of
the
child’s
former
parent
13
if
certain
circumstances
exist,
making
the
child
eligible
14
to
petition
the
court.
The
circumstances
that
must
exist
15
are:
the
child
was
previously
found
to
be
a
child
in
need
of
16
assistance;
the
child
has
not
achieved
the
goals
of
the
child’s
17
case
permanency
plan,
and
is
not
likely
to
do
so;
the
child
18
does
not
have
a
permanent
placement
or
a
planned
permanent
19
placement,
is
not
subject
to
a
permanent
guardianship,
is
not
20
in
an
adoptive
placement,
is
not
likely
to
be
adopted
within
a
21
reasonable
period
of
time,
and
other
permanency
options
have
22
been
exhausted;
the
child’s
former
parent’s
parental
rights
23
were
terminated,
but
the
termination
was
not
based
on
a
finding
24
of
sexual
abuse,
a
near
child
fatality,
a
suspicious
child
25
fatality,
or
an
incident
of
egregious
abuse
or
neglect
evidence
26
by
specified
aggravated
circumstances;
two
years
have
passed
27
since
the
final
order
of
termination
of
parental
rights
was
28
entered;
and
the
child
is
at
least
12
years
of
age
when
the
29
petition
is
filed,
or
is
younger
than
12
years
of
age
when
the
30
petition
is
filed
but
is
part
of
a
sibling
group.
31
If
a
child
meets
the
criteria
of
an
eligible
child,
the
32
child’s
GAL,
DHS,
or
an
agency
or
person
to
whom
guardianship
33
and
custody
of
the
child
has
been
transferred,
is
required
to
34
notify
the
child
of
the
child’s
right
to
petition
the
court
for
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the
reinstatement.
Additionally,
if
the
former
parent
whose
1
rights
have
been
previously
terminated
contacts
the
child’s
2
GAL,
DHS,
or
the
agency
or
other
person,
and
the
child
meets
3
the
criteria
of
an
eligible
child,
the
GAL,
DHS,
or
the
agency
4
or
other
person
is
required
to
notify
the
eligible
child
of
the
5
child’s
right
to
petition
the
court
for
the
reinstatement.
6
The
bill
provides
for
the
appointment
of
a
GAL
and
attorney
7
for
the
child
if
the
child
does
not
already
have
a
GAL
and
8
attorney,
at
no
cost
to
the
child.
9
The
petition
must
be
signed
by
the
child,
unless
good
cause
10
is
shown
as
to
why
the
child
is
unable
to
do
so.
The
former
11
parent
for
whom
reinstatement
of
parental
rights
is
sought
must
12
consent
in
writing
to
the
petition.
13
The
court
shall
hold
a
threshold
hearing
to
consider
the
14
former
parent’s
apparent
fitness
and
interest
in
reinstatement
15
of
parental
rights.
At
a
minimum,
the
threshold
hearing
shall
16
determine
whether
the
former
parent
has
remedied
the
former
17
parent’s
deficits
as
provided
in
the
record
of
the
prior
18
termination
proceedings
and
prior
termination
order
and
whether
19
the
former
parent
has
participated
in
an
assessment
based
on
20
evidence-based
criteria
that
supports
the
reinstatement
of
21
the
parent-child
relationship
as
being
in
the
best
interest
22
of
the
child.
If
the
court
finds
by
a
preponderance
of
the
23
evidence
that
the
best
interest
of
the
child
may
be
served
by
24
the
reinstatement
of
parental
rights,
the
court
shall
order
25
that
a
hearing
on
the
merits
of
the
petition
be
held.
The
bill
26
provides
for
notice
to
certain
parties
prior
to
the
hearing
27
on
the
merits
of
the
petition.
Following
the
hearing
on
the
28
merits
of
the
petition,
the
court
shall
conditionally
grant
the
29
petition
if
the
court
finds
by
clear
and
convincing
evidence
30
that
the
child
has
not
been
adopted,
has
not
achieved
the
goals
31
of
the
child’s
case
permanency
plan,
and
is
not
imminently
32
likely
to
achieve
such
goals,
and
that
the
reinstatement
33
of
parental
rights
is
in
the
child’s
best
interest.
The
34
bill
specifies
considerations
for
the
court
in
determining
35
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2336
whether
reinstatement
is
in
the
child’s
best
interest
and
in
1
determining
whether
the
child
has
or
has
not
achieved
the
goals
2
of
the
child’s
case
permanency
plan
or
is
imminently
likely
3
to
achieve
such
goals.
If
the
court
conditionally
grants
the
4
petition,
the
case
is
continued
for
six
months
and
a
temporary
5
order
of
reinstatement
is
entered.
During
the
six-month
6
period,
the
child
is
placed
in
the
custody
of
the
former
parent
7
and
DHS
or
an
agency
shall
develop
a
case
permanency
plan
for
8
the
child
reflecting
reunification
and
provide
transition
9
services
to
the
family,
as
appropriate.
If,
during
the
10
six-month
period,
the
child
must
be
removed
from
the
former
11
parent
due
to
allegations
of
abuse
or
neglect,
the
court
shall
12
dismiss
the
petition
for
reinstatement
of
parental
rights
if
13
the
allegations
are
proven
by
a
preponderance
of
the
evidence.
14
At
the
end
of
the
six-month
period,
the
court
is
required
15
to
hold
a
hearing
and
make
certain
determinations
and
16
dispositions.
If
the
placement
with
the
former
parent
has
17
been
successful,
the
court
shall
enter
a
final
order
of
18
reinstatement
of
parental
rights,
which
shall
restore
all
19
rights,
powers,
privileges,
immunities,
duties,
and
obligations
20
of
the
parent
as
to
the
child,
including
those
relating
to
21
custody,
control,
and
support
of
the
child.
Additionally,
the
22
court
shall
vacate
the
dispositional
order
in
the
child
in
23
need
of
assistance
proceeding
and
direct
the
clerk’s
office
to
24
provide
a
certified
copy
of
the
final
order
of
reinstatement
25
of
parental
rights
to
the
parent
at
no
cost.
If
the
placement
26
with
the
former
parent
has
not
been
successful,
the
court
shall
27
dismiss
the
petition
and
the
child’s
case
permanency
plan
shall
28
remain
in
effect.
29
The
bill
provides
that
a
proceeding
to
reinstate
parental
30
rights
is
a
separate
action
from
the
termination
of
parental
31
rights
proceeding
and
does
not
vacate
or
otherwise
affect
the
32
validity
of
the
original
termination
of
parental
rights
order.
33
A
reinstatement
order
reinstates
the
former
parent’s
parental
34
rights
to
the
child.
The
reinstatement
is
a
recognition
that
35
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2336
the
situation
of
the
parent
and
child
has
changed
since
the
1
time
of
the
termination
of
parental
rights
and
reunification
is
2
now
appropriate.
A
parent
whose
rights
are
reinstated
is
not
3
liable
for
any
child
support
owed
to
the
department
or
costs
of
4
other
services
provided
to
a
child
during
the
time
period
from
5
the
date
of
termination
of
parental
rights
to
the
date
parental
6
rights
are
reinstated.
The
bill
applies
to
any
eligible
child
7
who
is
under
the
jurisdiction
of
the
juvenile
court
at
the
time
8
of
the
hearing
regardless
of
the
date
parental
rights
were
9
terminated.
The
bill
provides
that
the
state,
the
department,
10
an
agency,
or
other
person
or
an
employee
of
such
entities
11
is
not
liable
for
civil
damages
resulting
from
any
act
or
12
omission
in
the
provision
of
services
under
the
bill,
unless
13
the
act
or
omission
constitutes
gross
negligence.
The
bill
14
does
not
create
any
duty
and
shall
not
be
construed
to
create
a
15
duty
where
none
exists,
and
does
not
create
a
cause
of
action
16
against
the
state,
the
department,
an
agency,
another
person,
17
or
the
employees
of
such
entities
concerning
the
original
18
termination.
19
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9/
9
