CHAPTER 600A TERMINATION OF PARENTAL RIGHTS
Proceedings prior to January 1, 1977; see § 600.25
600A.1 CONSTRUCTION.
This chapter shall be construed liberally. The best interest of
the child subject to the proceedings of this chapter shall be the
paramount consideration in interpreting this chapter. However, the
interests of the parents of this child or any natural person standing
in the place of the parents to this child shall be given due
consideration in this interpretation.
The best interest of a child requires that each biological parent
affirmatively assume the duties encompassed by the role of being a
parent. In determining whether a parent has affirmatively assumed
the duties of a parent, the court shall consider, but is not limited
to consideration of, the fulfillment of financial obligations,
demonstration of continued interest in the child, demonstration of a
genuine effort to maintain communication with the child, and
demonstration of the establishment and maintenance of a place of
importance in the child's life. Application of this chapter is
limited to termination of parental rights proceedings and shall not
apply to actions to establish paternity or to overcome established
paternity.
[C77, 79, 81, § 600A.1]
94 Acts, ch 1174, §12, 22
600A.2 DEFINITIONS.
As used in this chapter:
1. "Adult" means a person who is married or eighteen years of age
or older.
2. "Agency" means a child-placing agency as defined in section
238.2 or the department.
3. "Biological parent" means a parent who has been a biological
party to the procreation of the child.
4. "Child" means a son or daughter of a parent, whether by birth
or adoption.
5. "Court" means a district court.
6. "Custodian" means a stepparent or a relative within the fourth
degree of consanguinity to a minor child who has assumed
responsibility for that child, a person who has accepted a release of
custody, or a person appointed by a court or juvenile court having
jurisdiction over a child. The rights and duties of a custodian with
respect to a child shall be as follows:
a. To maintain or transfer to another the physical possession of
that child.
b. To protect, train, and discipline that child.
c. To provide food, clothing, housing, and ordinary medical care
for that child.
d. To consent to emergency medical care, including surgery.
e. To sign a release of medical information to a health
professional.
All rights and duties of a custodian shall be subject to any residual
rights and duties remaining in a parent or guardian.
7. "Department" means the state department of human services or
its subdivisions.
8. "Guardian" means a person who is not the parent of a minor
child, but who has been appointed by a court or juvenile court having
jurisdiction over the minor child to make important decisions which
have permanent effect on the life and development of that child and
to promote the general welfare of that child. A guardian may be a
court or a juvenile court. Guardian does not mean conservator, as
defined in section 633.3, although a person who is appointed to be a
guardian may also be appointed to be a conservator.
Unless otherwise enlarged or circumscribed by a court or juvenile
court having jurisdiction over the minor child or by operation of
law, the rights and duties of a guardian with respect to a minor
child shall be as follows:
a. To consent to marriage, enlistment in the armed forces of the
United States, or medical, psychiatric or surgical treatment.
b. To serve as custodian, unless another person has been
appointed custodian.
c. To make reasonable visitations if the guardian does not have
physical possession or custody of the minor child.
d. To consent to adoption and to make any other decision that the
parents could have made when the parent-child relationship existed.
9. "Guardian ad litem" means a person appointed by a court or
juvenile court having jurisdiction over the minor child to represent
that child in a legal action. A guardian ad litem appointed under
this chapter shall be a practicing attorney.
10. "Independent placement" means placement for purposes of
adoption of a minor in the home of a proposed adoptive parent by a
person who is not the proposed adoptive parent and who is not acting
on behalf of the department or of a child-placing agency.
11. "Indigent" means a person has an income level at or below one
hundred percent of the United States poverty level as defined by the
most recently revised poverty income guidelines published by the
United States department of health and human services, unless the
court determines that the person is able to pay for the cost of an
attorney in the pending case. In making the determination of a
person's ability to pay for the cost of an attorney, the court shall
consider the person's income and the availability of any assets
subject to execution, including but not limited to cash, stocks,
bonds, and any other property which may be applied to the
satisfaction of judgments, and the nature and complexity of the case.
12. "Juvenile court" means the juvenile court established by
section 602.7101.
13. "Minor" means an unmarried person who is under the age of
eighteen years.
14. "Parent" means a father or mother of a child, whether by
birth or adoption.
15. "Parent-child relationship" means the relationship between a
parent and a child recognized by the law as conferring certain rights
and privileges and imposing certain duties. The term extends equally
to every child and every parent, regardless of the marital status of
the parents of the child. The rights, duties, and privileges
recognized in the parent-child relationship include those which are
maintained by a guardian, custodian, and guardian ad litem.
16. "Putative father" means a man who is alleged to be or who
claims to be the biological father of a child born to a woman to whom
the man is not married at the time of birth of the child.
17. "Stepparent" means a person who is the spouse of a parent in
a parent-child relationship, but who is not a parent in that
parent-child relationship.
18. "Termination of parental rights" means a complete severance
and extinguishment of a parent-child relationship between one or both
living parents and the child.
19. "To abandon a minor child" means that a parent, putative
father, custodian, or guardian rejects the duties imposed by the
parent-child relationship, guardianship, or custodianship, which may
be evinced by the person, while being able to do so, making no
provision or making only a marginal effort to provide for the support
of the child or to communicate with the child.
[C77, 79, 81, § 600A.2]
83 Acts, ch 96, § 157, 159; 83 Acts, ch 186, § 10111, 10201; 90
Acts, ch 1271, § 1510; 94 Acts, ch 1046, §19; 94 Acts, ch 1174, §13,
22; 97 Acts, ch 161, §1; 97 Acts, ch 209, §27, 30; 2005 Acts, ch 107,
§2, 14
Referred to in § 600.2, 600B.41A
600A.3 EXCLUSIVITY.
Termination of parental rights shall be accomplished only
according to the provisions of this chapter. However, termination of
parental rights between an adult child and the child's parents may be
accomplished by a decree of adoption establishing a new parent-child
relationship.
If a proceeding held under this chapter involves an Indian child
as defined in section 232B.3 and the proceeding is subject to the
Iowa Indian child welfare Act under chapter 232B, the proceeding and
other actions taken in connection with the proceeding or this chapter
shall comply with chapter 232B. In any proceeding held or action
taken under this chapter involving an Indian child, the applicable
requirements of the federal Adoption and Safe Families Act of 1999,
Pub. L. No. 105-89, shall be applied to the proceeding or action in a
manner that complies with chapter 232B and the federal Indian Child
Welfare Act, Pub. L. No. 95-608.
[C66, 71, 73, 75, § 232.40; C77, 79, 81, § 600A.3]
2003 Acts, ch 153, §17
600A.4 RELATIONSHIP UNALTERED -- RELEASE OF CUSTODY --
VOLUNTARINESS OF RELEASE.
1. A parent shall not permanently alter the parent-child
relationship, except as ordered by a juvenile court or court.
However, custody of a minor child may be assumed by a stepparent or a
relative of that child within the fourth degree of consanguinity or
transferred by an acceptance of a release of custody. A person who
assumes custody or an agency which accepts a release of custody under
this section becomes, upon assumption or acceptance, the custodian of
the minor child.
2. A release of custody:
a. Shall be accepted only by an agency or a person making an
independent placement.
b. Shall not be accepted by a person who in any way intends to
adopt the child who is the subject of the release.
c. Shall be in writing.
d. Shall contain written acknowledgment of the biological parents
that after the birth of the child three hours of counseling have been
offered to the biological parents by the agency, the person making an
independent placement, an investigator as defined in section 600.2,
or other qualified counselor regarding the decision to release
custody and the alternatives available to the biological parents.
The release of custody shall also contain written acknowledgment of
the acceptance or refusal of the counseling. If accepted, the
counseling shall be provided after the birth of the child and prior
to the signing of a release of custody or the filing of a petition
for termination of parental rights as applicable. Counseling shall
be provided only by a person who is qualified under rules adopted by
the department of human services which shall include a requirement
that the person complete a minimum number of hours of training in the
area of adoption-related counseling approved by the department. If
counseling is accepted, the counselor shall provide an affidavit,
which shall be attached to the release of custody, when practicable,
certifying that the counselor has provided the biological parent with
the requested counseling and documentation that the person is
qualified to provide the requested counseling as prescribed by this
paragraph. The requirements of this paragraph do not apply to a
release of custody which is executed for the purposes of a stepparent
adoption.
e. Shall contain a notice to the biological parent that if the
biological parent chooses to identify the other biological parent and
knowingly and intentionally identifies a person who is not the other
biological parent in the written release of custody or in any other
document related to the termination of parental rights proceedings,
the biological parent who provides the incorrect identifying
information is guilty of a simple misdemeanor.
f. Shall be accompanied by a report which includes, to the extent
available, the complete family medical and social history of the
person to be adopted including any known genetic, metabolic, or
familial disorders and the complete medical and developmental history
of the person to be adopted, and a social history of the minor child
and the minor child's family but which does not disclose the identity
of the biological parents of the person to be adopted. The social
history may include but is not limited to the minor child's racial,
ethnic, and religious background and a general description of the
minor child's biological parents and an account of the minor child's
prior and existing relationship with any relative, foster parent, or
other individual with whom the minor child regularly lives or whom
the child regularly visits.
A biological parent may also provide ongoing information to the
adoptive parents, as additional medical or social history information
becomes known, by providing information to the clerk of court, the
department of human services, or the agency which made the placement,
and may provide the current address of the biological parent. The
clerk of court, the department of human services, or the agency which
made the placement shall transmit the information to the adoptive
parents if the address of the adoptive parents is known.
A person who furnishes a report required under this paragraph and
the court shall not disclose any information upon which the report is
based except as otherwise provided in this section and such a person
is subject to the penalties provided in section 600.16, as
applicable. A person who is the subject of any report may bring a
civil action against a person who discloses the information in
violation of this section.
Information provided under this paragraph shall not be used as
evidence in any civil or criminal proceeding against a person who is
the subject of the information.
The department shall prescribe forms designed to obtain the family
medical and social history and shall provide the forms at no charge
to any agency or person who executes a release of custody of the
minor child or who files a petition for termination of parental
rights. The existence of this report does not limit a person's
ability to petition the court for release of records in accordance
with other provisions of law.
g. Shall be signed, not less than seventy-two hours after the
birth of the child to be released, by all living parents. The
seventy-two-hour minimum time period requirement shall not be waived.
h. Shall be witnessed by two persons familiar with the
parent-child relationship.
i. Shall name the person who is accepting the release.
j. Shall be followed, within a reasonable time, by the filing of
a petition for termination of parental rights under section 600A.5.
k. Shall state the purpose of the release, shall indicate that if
it is not revoked it may be grounds for termination, and shall fully
inform the signing parent of the manner in which a revocation of the
release may be sought.
3. Notwithstanding the provisions of subsection 2, an agency or a
person making an independent placement may assume custody of a minor
child upon the signature of the one living parent who has possession
of the minor child if the agency or a person making an independent
placement immediately petitions the juvenile court designated in
section 600A.5 to be appointed custodian and otherwise petitions,
either in the same petition or within a reasonable time in a separate
petition, for termination of parental rights under section 600A.5.
Upon the custody petition, the juvenile court may appoint a guardian
as well as a custodian.
4. Either a parent who has signed a release of custody, or a
nonsigning parent, may, at any time prior to the entry of an order
terminating parental rights, request the juvenile court designated in
section 600A.5 to order the revocation of any release of custody
previously executed by either parent. If such request is by a
signing parent, and is within ninety-six hours of the time such
parent signed a release of custody, the juvenile court shall order
the release revoked. Otherwise, the juvenile court shall order the
release or releases revoked only upon clear and convincing evidence
that good cause exists for revocation. Good cause for revocation
includes but is not limited to a showing that the release was
obtained by fraud, coercion, or misrepresentation of law or fact
which was material to its execution. In determining whether good
cause exists for revocation, the juvenile court shall give paramount
consideration to the best interests of the child including avoidance
of a disruption of an existing relationship between a parent and
child. The juvenile court shall also give due consideration to the
interests of the parents of the child and of any person standing in
the place of the parents.
[S13, § 3260-c; C24, § 3665; C27, 31, 35, § 3661-a82, -a83, -a86;
C39, § 3661.096, 3661.097, 3661.100; C46, 50, 54, 58, 62, 66, 71, 73,
75, § 238.25, 238.26, 238.29; C77, 79, 81, § 600A.4]
92 Acts, ch 1192, § 1, 5; 94 Acts, ch 1174, §14, 15, 22; 99 Acts,
ch 138, §6
Referred to in § 232B.7, 600.8, 600.16, 600A.8, 600A.10
600A.5 PETITION FOR TERMINATION.
1. The following persons may petition a juvenile court for
termination of parental rights under this chapter if the child of the
parent-child relationship is born or expected to be born within one
hundred eighty days of the date of petition filing:
a. A parent or prospective parent of the parent-child
relationship.
b. A custodian or guardian of the child.
2. A petition for termination of parental rights shall be filed
with the juvenile court in the county in which the guardian or
custodian of the child resides or the child, the biological mother or
the pregnant woman is domiciled. If a juvenile court has made an
order pertaining to a minor child under chapter 232, division III,
and that order is still in force, the termination proceedings shall
be conducted pursuant to the provisions of chapter 232, division IV.
3. A petition for termination of parental rights shall include
the following:
a. The legal name, age and domicile, if any, of the child.
b. The names, residences, and domicile of any:
(1) Living parents of the child.
(2) Guardian of the child.
(3) Custodian of the child.
(4) Guardian ad litem of the child.
(5) Petitioner.
(6) Person standing in the place of the parents of the child.
c. A plain statement of the facts and grounds in section 600A.8
which indicate that the parent- child relationship should be
terminated.
d. A plain statement explaining why the petitioner does not know
any of the information required under paragraphs "a" and "b" of this
subsection.
e. The signature and verification of the petitioner.
[C66, 71, 73, 75, § 232.42, 232.43; C77, 79, 81, § 600A.5]
94 Acts, ch 1046, §20; 95 Acts, ch 49, §21; 95 Acts, ch 182, § 25
Referred to in § 600A.4, 600A.6, 600A.8
600A.6 NOTICE OF TERMINATION HEARING.
1. A termination of parental rights under this chapter shall,
unless provided otherwise in this section, be ordered only after
notice has been served on all necessary parties and these parties
have been given an opportunity to be heard before the juvenile court
except that notice need not be served on the petitioner or on any
necessary party who is the spouse of the petitioner. "Necessary
party" means any person whose name, residence, and domicile are
required to be included on the petition under section 600A.5,
subsection 3, paragraphs "a" and "b", and any putative father who
files a declaration of paternity in accordance with section 144.12A,
or any unknown putative father, if any, except a biological parent
who has been convicted of having sexually abused the other biological
parent while not cohabiting with that parent as husband and wife,
thereby producing the birth of the child who is the subject of the
termination proceedings.
2. Prior to the service of notice on the necessary parties, the
juvenile court shall appoint a guardian ad litem for a minor child if
the child does not have a guardian or if the interests of the
guardian conflict with the interests of the child. Such guardian ad
litem shall be a necessary party under subsection 1 of this section.
A person who is appointed as a guardian ad litem for a minor child
shall not also be the attorney for any party other than the minor
child in any proceeding involving the minor child. The guardian ad
litem may make an independent investigation of the interest of the
child and may cause witnesses to appear before the court to provide
testimony relevant to the best interest of the minor child.
3. Notice under this section may be served personally or
constructively, as specified under subsections 4 and 5. This notice
shall state:
a. The time and place of the hearing on termination of parental
rights.
b. A clear statement of the purpose of the action and hearing.
c. A statement that the person against whom a proceeding for
termination of parental rights is brought shall have the right to
counsel pursuant to section 600A.6A.
4. A necessary party whose identity and location or address is
known shall be served in accordance with rule of civil procedure
1.305 or sent by certified mail restricted delivery, whichever is
determined to be the most effective means of notification. Such
notice shall be served according to the rules of civil procedure
relating to an original notice where not inconsistent with the
provisions of this section. Notice pursuant to rule of civil
procedure 1.305 shall be served not less than seven days prior to the
hearing on termination of parental rights. Notice by certified mail
restricted delivery shall be sent not less than fourteen days prior
to the hearing on termination of parental rights. A notice by
certified mail restricted delivery which is refused by the necessary
party being noticed shall be sufficient notice to that party under
this section. Acceptance of notice by the necessary party shall
satisfy the requirements of this subsection.
5. A necessary party whose identity is known but whose location
or address is unknown or all unknown putative fathers, if any, shall
be served by published notice in the form provided in this
subsection. If the identity of a necessary party is known but the
location of the necessary party is unknown, notice by publication
shall also include the name of the necessary party. The child's
actual or expected date of birth and place of birth shall also be
stated in the notice. Notice by publication shall be served
according to the rules of civil procedure relating to an original
notice where not inconsistent with the provisions of this section.
Notice by publication shall be published once a week for two
consecutive weeks in a medium which is reasonably expected to provide
notice to the necessary party, the last publication to be not less
than three days prior to the hearing on termination of parental
rights. The notice shall be substantially in the following form:
TO: ........ (OR) ALL PUTATIVE FATHERS OF A CHILD (EXPECTED TO BE)
BORN ON THE ... DAY OF ....., ..., IN ......, IOWA.
You are notified that there is now on file in the office of the
clerk of court for ...... county, a petition in case number ...,
which prays for a termination of your parent-child relationship to a
child (expected to be) born on the ... day of ....., .... For
further details contact the clerk's office. The petitioner's
attorney is .........
You are notified that there will be a hearing on the petition to
terminate parental rights before the Iowa District Court for ......
County, at the Courthouse in ......., Iowa, at ...M. on the ... day
of ....., ...
CLERK OF THE ABOVE COURT
6. Proof of service of notice in the manner prescribed shall be
filed with the juvenile court prior to the hearing on termination of
parental rights.
[C66, 71, 73, 75, § 232.44, 232.45; C77, 79, 81, § 600A.6]
94 Acts, ch 1046, §21; 94 Acts, ch 1174, §16--18, 22; 96 Acts, ch
1174, § 8; 97 Acts, ch 173, §15; 2005 Acts, ch 107, §3, 14
Referred to in § 233.2, 600A.8
600A.6A RIGHT TO AND APPOINTMENT OF COUNSEL.
1. Upon the filing of a petition for termination of parental
rights under this chapter, the parent identified in the petition
shall have the right to counsel in connection with all subsequent
hearings and proceedings.
2. If the parent against whom the petition is filed desires but
is financially unable to employ counsel, the court, following an
in-court colloquy, shall appoint counsel for the person if all of the
following criteria are met:
a. The person requests appointment of counsel.
b. The person is indigent.
c. The court determines both of the following:
(1) The person, because of lack of skill or education, would have
difficulty in presenting the person's version of the facts in
dispute, particularly where the presentation of the facts requires
the examination or cross-examination of witnesses or the presentation
of complex documentary evidence.
(2) The person has a colorable defense to the termination of
parental rights, or there are substantial reasons that make
termination of parental rights inappropriate.
2005 Acts, ch 107, §4, 14
Referred to in § 600A.6, 600A.6B, 602.1302
600A.6B PAYMENT OF ATTORNEY FEES.
1. A person filing a petition for termination of parental rights
under this chapter or the person on whose behalf the petition is
filed shall be responsible for the payment of reasonable attorney
fees for counsel appointed pursuant to section 600A.6A unless the
person filing the petition is a private child-placing agency as
defined in section 238.2 or unless the court determines that the
person filing the petition or the person on whose behalf the petition
is filed is indigent.
2. If the person filing the petition is a private child-placing
agency as defined in section 238.2 or if the person filing the
petition or the person on whose behalf the petition is filed is
indigent, the appointed attorney shall be paid reasonable attorney
fees as determined by the state public defender.
3. The state public defender shall review all the claims
submitted under this section and shall have the same authority with
regard to the payment of these claims as the state public defender
has with regard to claims submitted under chapters 13B and 815,
including the authority to adopt rules concerning the review and
payment of claims submitted.
2005 Acts, ch 107, §5, 14; 2006 Acts, ch 1071, §1, 2
Referred to in § 602.1302, 815.11
2006 amendments to subsections 1 and 2 take effect April 20, 2006,
and apply retroactively to March 12, 2004; 2006 Acts, ch 1071, §2
600A.7 TERMINATION HEARING -- FORUM NON CONVENIENS.
1. The hearing on termination of parental rights shall be
conducted in accordance with the provisions of sections 232.91 to
232.96 and otherwise in accordance with the rules of civil procedure.
Such hearing shall be held no earlier than one week after the child
is born.
2. Relevant information, including that contained in reports,
studies or examinations and testified to by interested persons, may
be admitted into evidence at the hearing and relied upon to the
extent of its probative value. When such information is so admitted,
the person submitting it or testifying shall be subject to both
direct and cross-examination by a necessary party.
3. If a putative father files a declaration of paternity pursuant
to section 144.12A, the putative father or the mother of the child
may request that paternity be established pursuant to section 600B.41
prior to the granting of a dismissal of the petition to terminate
parental rights.
[C66, 71, 73, 75, § 232.42, 232.46; C77, 79, 81, § 600A.7]
94 Acts, ch 1174, §19, 22
600A.8 GROUNDS FOR TERMINATION.
The juvenile court shall base its findings and order under section
600A.9 on clear and convincing proof. The following shall be, either
separately or jointly, grounds for ordering termination of parental
rights:
1. A parent has signed a release of custody pursuant to section
600A.4 and the release has not been revoked.
2. A parent has petitioned for the parent's termination of
parental rights pursuant to section 600A.5.
3. The parent has abandoned the child. For the purposes of this
subsection, a parent is deemed to have abandoned a child as follows:
a. (1) If the child is less than six months of age when the
termination hearing is held, a parent is deemed to have abandoned the
child unless the parent does all of the following:
(a) Demonstrates a willingness to assume custody of the child
rather than merely objecting to the termination of parental rights.
(b) Takes prompt action to establish a parental relationship with
the child.
(c) Demonstrates, through actions, a commitment to the child.
(2) In determining whether the requirements of this paragraph are
met, the court may consider all of the following:
(a) The fitness and ability of the parent in personally assuming
custody of the child, including a personal and financial commitment
which is timely demonstrated.
(b) Whether efforts made by the parent in personally assuming
custody of the child are substantial enough to evince a settled
purpose to personally assume all parental duties.
(c) With regard to a putative father, whether the putative father
publicly acknowledged paternity or held himself out to be the father
of the child during the six continuing months immediately prior to
the termination proceeding.
(d) With regard to a putative father, whether the putative father
paid a fair and reasonable sum, in accordance with the putative
father's means, for medical, hospital, and nursing expenses incurred
in connection with the mother's pregnancy or with the birth of the
child, or whether the putative father demonstrated emotional support
as evidenced by the putative father's conduct toward the mother.
(e) Any measures taken by the parent to establish legal
responsibility for the child.
(f) Any other factors evincing a commitment to the child.
b. If the child is six months of age or older when the
termination hearing is held, a parent is deemed to have abandoned the
child unless the parent maintains substantial and continuous or
repeated contact with the child as demonstrated by contribution
toward support of the child of a reasonable amount, according to the
parent's means, and as demonstrated by any of the following:
(1) Visiting the child at least monthly when physically and
financially able to do so and when not prevented from doing so by the
person having lawful custody of the child.
(2) Regular communication with the child or with the person
having the care or custody of the child, when physically and
financially unable to visit the child or when prevented from visiting
the child by the person having lawful custody of the child.
(3) Openly living with the child for a period of six months
within the one-year period immediately preceding the termination of
parental rights hearing and during that period openly holding himself
or herself out to be the parent of the child.
c. The subjective intent of the parent, whether expressed or
otherwise, unsupported by evidence of acts specified in paragraph "a"
or "b" manifesting such intent, does not preclude a determination
that the parent has abandoned the child. In making a determination,
the court shall not require a showing of diligent efforts by any
person to encourage the parent to perform the acts specified in
paragraph "a" or "b". In making a determination regarding a putative
father, the court may consider the conduct of the putative father
toward the child's mother during the pregnancy. Demonstration of a
commitment to the child is not met by the putative father marrying
the mother of the child after adoption of the child.
4. A parent has been ordered to contribute to the support of the
child or financially aid in the child's birth and has failed to do so
without good cause.
5. A parent does not object to the termination after having been
given proper notice and the opportunity to object.
6. A parent does not object to the termination although every
reasonable effort has been made to identify, locate and give notice
to that parent as required in section 600A.6.
7. An adoptive parent requests termination of parental rights and
the parent-child relationship based upon a showing that the adoption
was fraudulently induced in accordance with the procedures set out in
section 600A.9, subsection 3.
8. Both of the following circumstances apply to a parent:
a. The parent has been determined to be a chronic substance
abuser as defined in section 125.2 and the parent has committed a
second or subsequent domestic abuse assault pursuant to section
708.2A.
b. The parent has abducted the child, has improperly removed the
child from the physical custody of the person entitled to custody
without the consent of that person, or has improperly retained the
child after a visit or other temporary relinquishment of physical
custody.
9. The parent has been imprisoned for a crime against the child,
the child's sibling, or another child in the household, or the parent
has been imprisoned and it is unlikely that the parent will be
released from prison for a period of five or more years.
10. The parent has been convicted of a felony offense that is a
criminal offense against a minor as defined in section 692A.1, the
parent is divorced from or was never married to the minor's other
parent, and the parent is serving a minimum sentence of confinement
of at least five years for that offense.
[C66, 71, 73, 75, § 232.41; C77, 79, 81, § 600A.8]
92 Acts, ch 1192, § 2, 5; 95 Acts, ch 182, § 26; 97 Acts, ch 161,
§2; 97 Acts, ch 209, §27, 30; 2004 Acts, ch 1010, §1, 2; 2005 Acts,
ch 69, §55; 2006 Acts, ch 1182, §63
Referred to in § 600A.5
600A.9 TERMINATION FINDINGS AND ORDER -- VACATION OF ORDER.
1. Subsequent to the hearing on termination of parental rights
under this chapter, the juvenile court shall make a finding of facts
and shall:
a. Order the petition dismissed; or,
b. Order the petition granted. The juvenile court shall appoint a
guardian and a custodian or a guardian only. An order issued under
this paragraph shall include the finding of facts. Such finding shall
specify the factual basis for terminating the parent-child
relationship and shall specify the ground or grounds upon which the
termination is ordered.
2. If an order is issued under subsection 1, paragraph "b" of
this section, the juvenile court shall retain jurisdiction to change
a guardian or custodian and to allow a terminated parent or any
putative biological parent to request vacation or appeal of the
termination order which request must be made within thirty days of
issuance of the granting of the order. The period for request by a
terminated parent or by a putative biological parent for vacation or
appeal shall not be waived or extended and a vacation or appeal shall
not be granted after the expiration of this period. The juvenile
court shall grant the vacation request only if it is in the best
interest of the child. The supreme court shall prescribe rules to
establish a period of thirty days, which shall not be waived or
extended, in which a terminated or putative biological parent may
request a vacation or appeal of a termination order.
3. If an order is issued under subsection 1, paragraph "b", the
juvenile court shall have jurisdiction to allow an adoptive parent to
request termination of the adoptive parent's parental rights and of
the parent-child relationship based upon a showing that the adoption
was fraudulently induced and to request that the order issued under
subsection 1, paragraph "b", be vacated. The juvenile court shall
grant the termination and vacation requests only after the parent
whose rights have been terminated is given an opportunity to contest
the vacation of the termination order and only if the termination of
the adoptive parent's parental rights and the vacation of the
termination order are in the best interest of the child.
4. A copy of any order made under this section shall be sent by
the clerk of the juvenile court to:
a. The department.
b. The petitioner.
c. The parents whose rights have been terminated if they request
such copies.
d. Any guardian, custodian, or guardian ad litem of the child.
e. The state registrar for the purposes of section 144.13A,
subsection 2.
[S13, § 254-a21; C24, 27, 31, 35, 39, § 3638; C46, 50, 54, 58, 62,
§ 232.22; C66, 71, 73, 75, § 232.47--232.50; C77, 79, 81, § 600A.9]
92 Acts, ch 1192, § 3, 5; 94 Acts, ch 1174, §20, 22; 2004 Acts, ch
1156, §2
Referred to in § 232.119, 600.16A, 600A.8, 600B.5
600A.10 TERMINATION PROCEDURES -- PENALTY FOR VIOLATION.
1. Any biological parent who chooses to identify the other
biological parent and who knowingly and intentionally identifies a
person who is not the other biological parent in the written release
of custody or in any other document related to the termination of
parental rights proceedings is guilty of a simple misdemeanor.
2. Any person who accepts a release of custody under section
600A.4 prior to the expiration of the seventy-two-hour period
required is guilty of a serious misdemeanor.
94 Acts, ch 1174, §21, 22