Iowa Senate Bill SF328

Iowa 2023-2024 Regular Session

• Introduced: 2/20/23

Caption

A bill for an act relating to the modification of a bridge order issued pursuant to a previous child in need of assistance case.(Formerly SSB 1066.)

Impact

This bill potentially streamlines the process for transitioning cases between juvenile and district court, thereby impacting how custody and parenting time issues are resolved in CINA cases. The juvenile court is provided with more distinct criteria for closing cases, which may lead to more prompt resolutions. Additionally, it ensures that costs are not an obstacle for families involved, as the clerk of court is prohibited from charging fees for filing this modification.

Summary

Senate File 328, introduced by the Committee on Judiciary, modifies the existing process of closing a Child in Need of Assistance (CINA) case. The bill allows a juvenile court to close such a case by returning jurisdiction to the district court under certain conditions that involve the child's safety and the legal custody order in place. Specifically, if a bridge order exists and specific criteria, including the child's established legal paternity and their safe reunification with a parent, are met, a motion may be filed for a bridge modification order.

Contention

The bill's provisions raise questions about the judicial process for juvenile cases, particularly regarding the legal support for parents involved in CINA cases. By not requiring the appointment of counsel for parties in district court actions, there are concerns regarding potential imbalances in representation and fairness in proceedings. Stakeholders may see this as a positive change aimed at efficiency or a negative impact on the rights of families navigating complex legal waters.