House Study Bill 41 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act authorizing the waiver of preplacement investigations 1 and reports in certain adoption proceedings. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1687YC (1) 91 dg/ko
H.F. _____ Section 1. Section 600.8, subsection 2, paragraph a, 1 subparagraph (2), Code 2025, is amended to read as follows: 2 (2) A report of a preplacement investigation that has 3 approved a prospective adoption petitioner for a placement 4 shall not authorize placement of a minor person with that 5 petitioner after two years from the date of the reports 6 issuance. However, if the prospective adoption petitioner 7 is a relative within the fourth degree of consanguinity who 8 described by subsection 12, paragraph a , subparagraph (1) or 9 (2), and has assumed custody of a minor person to be adopted, 10 a preplacement investigation of this petitioner and a report 11 of the investigation may be completed at a time established by 12 the juvenile court or court or may be waived as provided in 13 subsection 12 . 14 Sec. 2. Section 600.8, subsections 7 and 12, Code 2025, are 15 amended to read as follows: 16 7. a. Any An investigation or report shall not be required 17 under this section shall not apply when the in any of the 18 following circumstances: 19 (1) The person to be adopted is an adult or when the . 20 (2) The prospective adoption petitioner or adoption 21 petitioner is a stepparent of the person to be adopted. 22 However, in the case of a stepparent adoption, the juvenile 23 court or court, upon the request of an interested person or 24 on its own motion stating the reasons therefor of record, may 25 order an investigation or report pursuant to this section . 26 Additionally, if 27 b. If an adoption petitioner discloses a criminal conviction 28 or deferred judgment for an offense , other than a simple 29 misdemeanor , or founded child abuse report pursuant to section 30 600.5 , the petitioner shall notify the court of the inclusion 31 of this information in the petition prior to the final adoption 32 hearing, and the court shall make a specific ruling regarding 33 whether to waive any investigation or report required under 34 subsection 1 . 35 -1- LSB 1687YC (1) 91 dg/ko 1/ 3
H.F. _____ 12. a. Any investigation and report required under 1 subsection 1 may be waived by the A juvenile court or court 2 if the may waive an investigation and report required under 3 subsection 1 in any of the following circumstances: 4 (1) The adoption petitioner is related within the fourth 5 degree of consanguinity to the person to be adopted. However, 6 if 7 (2) The adoption petitioner meets all of the following 8 requirements: 9 (a) The adoption petitioner is the current legal guardian 10 for the person to be adopted. 11 (b) The adoption petitioner has been the legal guardian for 12 the person to be adopted for the thirty-six consecutive months 13 immediately preceding the date the adoption petition is filed. 14 (c) The adoption petitioner has complied with section 15 232D.402 for the thirty-six consecutive months immediately 16 preceding the date the adoption petition is filed. 17 b. Notwithstanding paragraph a , if an adoption petitioner 18 discloses a criminal conviction or deferred judgment for an 19 offense , other than a simple misdemeanor , or founded child 20 abuse report pursuant to section 600.5 , the petitioner shall 21 notify the court of the inclusion of this information in the 22 petition prior to the final adoption hearing , and the court 23 shall make a specific ruling regarding whether to waive any 24 investigation or report required under subsection 1 . 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanations substance by the members of the general assembly. 28 This bill relates to the waiver of preplacement 29 investigations and reports in certain adoption proceedings. 30 The bill authorizes a juvenile court or court to waive a 31 preplacement investigation and report for an adoption if the 32 adoption petitioner is the current legal guardian for the 33 person to be adopted and has been for the 36 consecutive months 34 immediately preceding the date the adoption petition was 35 -2- LSB 1687YC (1) 91 dg/ko 2/ 3
H.F. _____ filed. The petitioner must have complied with the duties and 1 responsibilities of a guardian for those 36 consecutive months. 2 Current law only authorizes the court to waive a preplacement 3 investigation and report if the adoption petitioner is related 4 to the person to be adopted within the fourth degree of 5 consanguinity. 6 -3- LSB 1687YC (1) 91 dg/ko 3/ 3