Senate File 313 - Introduced
SENATE FILE 313
BY KINNEY, SCHULTZ, GREEN,
GUTH, WILLIAMS, ZAUN,
SINCLAIR, SHIPLEY,
KRAAYENBRINK, ROZENBOOM, J.
TAYLOR, and COURNOYER
(COMPANION TO LSB 1215HH BY
MOMMSEN)
A BILL FOR
1 An Act relating to replacement of the term visitation with the
2 term parenting time relative to time awarded to a parent.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 232.2, subsection 47, Code 2021, is
2 amended to read as follows:
3 47. “Residual parental rights and responsibilities” means
4 those rights and responsibilities remaining with the parent
5 after transfer of legal custody or guardianship of the person
6 of the child. These include but are not limited to the right of
7 visitation parenting time, the right to consent to adoption,
8 and the responsibility for support.
9 Sec. 2. Section 232.102, subsection 13, Code 2021, is
10 amended to read as follows:
11 13. Unless prohibited by the court order transferring
12 custody of the child for placement or other court order or
13 the department or agency that received the custody transfer
14 finds that allowing the visitation parenting time would not
15 be in the child’s best interest, the department or agency may
16 authorize reasonable visitation with the child by the child’s
17 grandparent, great-grandparent, or other adult relative who has
18 established a substantial relationship with the child.
19 Sec. 3. Section 232.103A, subsection 1, unnumbered
20 paragraph 1, Code 2021, is amended to read as follows:
21 The juvenile court may close a child in need of assistance
22 case by transferring jurisdiction over the child’s custody,
23 physical care, and visitation parenting time to the district
24 court through a bridge order, if all of the following criteria
25 are met:
26 Sec. 4. Section 232.103A, subsection 1, paragraph e, Code
27 2021, is amended to read as follows:
28 e. The juvenile court has determined that the child in need
29 of assistance case can safely close once orders for custody,
30 physical care, and visitation parenting time are entered by the
31 district court.
32 Sec. 5. Section 232.103A, subsections 3 and 6, Code 2021,
33 are amended to read as follows:
34 3. The juvenile court shall designate the petitioner and
35 respondent for the purposes of the bridge order. A bridge
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1 order shall only address matters of custody, physical care,
2 and visitation parenting time. All other matters, including
3 child support, shall be filed by separate petition or by action
4 of the child support recovery unit, and shall be subject to
5 existing applicable statutory provisions.
6 6. Following the issuance of a bridge order, a party
7 may file a petition in district court for modification of
8 the bridge order for custody, physical care, or visitation
9 parenting time. If the petition for modification is filed
10 within one year of the filing date of the bridge order,
11 the party requesting modification shall not be required to
12 demonstrate a substantial change of circumstances but instead
13 shall demonstrate that such modification is in the best
14 interest of the child. If a petition for modification is filed
15 within one year of the filing date of the bridge order, filing
16 fees and other court costs shall not be assessed against the
17 parties.
18 Sec. 6. Section 232.107, Code 2021, is amended to read as
19 follows:
20 232.107 Parent visitation Parenting time.
21 If a child is removed from the child’s home in accordance
22 with an order entered under this subchapter, unless the
23 court finds that substantial evidence exists to believe that
24 reasonable visitation parenting time or supervised visitation
25 parenting time would cause an imminent risk to the child’s life
26 or health, the order shall allow the child’s parent reasonable
27 visitation parenting time or supervised visitation parenting
28 time with the child.
29 Sec. 7. Section 236.4, subsections 2 and 3, Code 2021, are
30 amended to read as follows:
31 2. The court may enter any temporary order it deems
32 necessary to protect the plaintiff from domestic abuse prior
33 to the hearing, including temporary custody or visitation
34 parenting time orders pursuant to subsection 3, upon good cause
35 shown in an ex parte proceeding. Present danger of domestic
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1 abuse to the plaintiff constitutes good cause for purposes of
2 this subsection. A temporary order issued pursuant to this
3 subsection shall specifically include notice that the person
4 may be required to relinquish all firearms, offensive weapons,
5 and ammunition upon the issuance of a permanent order pursuant
6 to section 236.5.
7 3. The court may award temporary custody of or establish
8 temporary visitation parenting time rights with regard to
9 children under eighteen years of age. In awarding temporary
10 custody or temporary visitation parenting time rights, the
11 court shall give primary consideration to the safety of
12 the alleged victim and the children. If the court finds
13 that the safety of the alleged victim or the children will
14 be jeopardized by unsupervised or unrestricted visitation
15 parenting time, the court shall set conditions or restrict
16 visitation parenting time as to time, place, duration, or
17 supervision, or deny visitation parenting time entirely, as
18 needed to guard the safety of the victim and the children.
19 The court shall also determine whether any other existing
20 orders awarding custody or visitation parenting time should be
21 modified.
22 Sec. 8. Section 236.5, subsection 1, paragraph b,
23 subparagraph (5), Code 2021, is amended to read as follows:
24 (5) The awarding of temporary custody of or establishing
25 temporary visitation parenting time rights with regard to
26 children under eighteen.
27 (a) In awarding temporary custody or temporary visitation
28 parenting time rights, the court shall give primary
29 consideration to the safety of the victim and the children.
30 (b) If the court finds that the safety of the victim or the
31 children will be jeopardized by unsupervised or unrestricted
32 visitation parenting time, the court shall condition or
33 restrict visitation parenting time as to time, place, duration,
34 or supervision, or deny visitation parenting time entirely, as
35 needed to guard the safety of the victim and the children.
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1 (c) The court shall also determine whether any other
2 existing orders awarding custody or visitation parenting time
3 rights should be modified.
4 (d) Prior to entry of an order or agreement under this
5 section that involves a child-custody determination as defined
6 in section 598B.102, the parties shall furnish information to
7 the court in compliance with section 598B.209.
8 Sec. 9. Section 252A.20, Code 2021, is amended to read as
9 follows:
10 252A.20 Limitation on actions.
11 Issues related to visitation parenting time, custody, or
12 other provisions not related to the support provisions of a
13 support order shall not be grounds for a hearing, modification,
14 adjustment, or other action under this chapter.
15 Sec. 10. Section 252B.5, subsection 12, paragraph b,
16 subparagraph (6), Code 2021, is amended to read as follows:
17 (6) Following issuance of a final decision under chapter
18 17A that no mistake of fact exists, the obligor may request a
19 hearing before the district court pursuant to chapter 17A. The
20 department shall transmit a copy of its record to the district
21 court pursuant to chapter 17A. The scope of the review by the
22 district court shall be limited to demonstration of a mistake
23 of fact. Issues related to visitation parenting time, custody,
24 or other provisions not related to the support provisions
25 of a support order are not grounds for a hearing under this
26 subsection.
27 Sec. 11. Section 252B.9A, subsection 3, paragraph a,
28 subparagraph (2), Code 2021, is amended to read as follows:
29 (2) To make or enforce a child custody or visitation
30 parenting time determination or order.
31 Sec. 12. Section 252B.20A, subsection 1, paragraph b, Code
32 2021, is amended to read as follows:
33 b. There is no order in effect regarding legal custody,
34 physical care, visitation, or other parenting time for the
35 child.
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1 Sec. 13. Section 252D.25, subsection 1, Code 2021, is
2 amended to read as follows:
3 1. Issues related to visitation parenting time, custody,
4 or other provisions not related to the support provisions of a
5 support order are not grounds for a motion to quash, revoke,
6 suspend, or stay a withholding order.
7 Sec. 14. Section 252I.8, subsection 5, paragraph g, Code
8 2021, is amended to read as follows:
9 g. Issues related to visitation parenting time, custody, or
10 other provisions not related to levies against accounts are not
11 grounds for a hearing under this chapter.
12 Sec. 15. Section 252J.9, subsection 4, Code 2021, is amended
13 to read as follows:
14 4. The scope of review by the district court shall be
15 limited to demonstration of a mistake of fact relating to
16 the delinquency of the obligor or the noncompliance of the
17 individual with a subpoena or warrant. Issues related to
18 visitation parenting time, custody, or other provisions not
19 related to the support provisions of a support order are not
20 grounds for a hearing under this chapter.
21 Sec. 16. Section 252K.104, subsection 2, paragraph b, Code
22 2021, is amended to read as follows:
23 b. Grant a tribunal of this state jurisdiction to render
24 judgment or issue an order relating to child custody or
25 visitation parenting time in a proceeding under this chapter.
26 Sec. 17. Section 252K.305, subsection 4, Code 2021, is
27 amended to read as follows:
28 4. A responding tribunal of this state may not condition
29 the payment of a support order issued under this chapter upon
30 compliance by a party with provisions for visitation parenting
31 time.
32 Sec. 18. Section 598.10, subsection 1, paragraph b, Code
33 2021, is amended to read as follows:
34 b. In order to encourage compliance with a visitation
35 parenting time order, a temporary order for custody shall
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1 provide for a minimum visitation parenting time schedule with
2 the noncustodial parent, unless the court determines that such
3 visitation parenting time is not in the best interest of the
4 child.
5 Sec. 19. Section 598.15, subsection 1, Code 2021, is amended
6 to read as follows:
7 1. The parties to any action which involves the issues of
8 child custody or visitation parenting time shall participate in
9 a court-approved course to educate and sensitize the parties
10 to the needs of any child or party during and subsequent to
11 the proceeding within forty-five days of the service of notice
12 and petition for the action or within forty-five days of the
13 service of notice and application for modification of an
14 order. Participation in the course may be waived or delayed
15 by the court for good cause including but not limited to a
16 default by any of the parties or a showing that the parties
17 have previously participated in a court-approved course or its
18 equivalent. Participation in the course is not required if the
19 proceeding involves termination of parental rights of any of
20 the parties. A final decree shall not be granted or a final
21 order shall not be entered until the parties have complied with
22 this section, unless participation in the course is waived or
23 delayed for good cause or is otherwise not required under this
24 subsection.
25 Sec. 20. Section 598.21C, subsection 7, Code 2021, is
26 amended to read as follows:
27 7. Modification by child support recovery
28 unit. Notwithstanding any other provision of law to the
29 contrary, when an application for modification or adjustment of
30 support is submitted by the child support recovery unit, the
31 sole issues which may be considered by the court in that action
32 are the application of the guidelines in establishing the
33 amount of support pursuant to section 598.21B, and provision
34 for medical support under chapter 252E. When an application
35 for a cost-of-living alteration of support is submitted by
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1 the child support recovery unit pursuant to section 252H.24,
2 the sole issue which may be considered by the court in the
3 action is the application of the cost-of-living alteration
4 in establishing the amount of child support. Issues related
5 to custody, visitation parenting time, or other provisions
6 unrelated to support shall be considered only under a separate
7 application for modification.
8 Sec. 21. Section 598.21D, Code 2021, is amended to read as
9 follows:
10 598.21D Relocation of parent as grounds to modify order of
11 child custody.
12 If a parent awarded joint legal custody and physical
13 care or sole legal custody is relocating the residence of
14 the minor child to a location which is one hundred fifty
15 miles or more from the residence of the minor child at the
16 time that custody was awarded, the court may consider the
17 relocation a substantial change in circumstances. If the
18 court determines that the relocation is a substantial change
19 in circumstances, the court shall modify the custody order to,
20 at a minimum, preserve, as nearly as possible, the existing
21 relationship between the minor child and the nonrelocating
22 parent. If modified, the order may include a provision for
23 extended visitation parenting time during summer vacations
24 and school breaks and scheduled telephone contact between the
25 nonrelocating parent and the minor child. The modification
26 may include a provision assigning the responsibility for
27 transportation of the minor child for visitation parenting
28 time purposes to either or both parents. If the court makes
29 a finding of past interference by the parent awarded joint
30 legal custody and physical care or sole legal custody with the
31 minor child’s access to the other parent, the court may order
32 the posting of a cash bond to assure future compliance with
33 the visitation parenting time provisions of the decree. The
34 supreme court shall prescribe guidelines for the forfeiting of
35 the bond and restoration of the bond following forfeiting of
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1 the bond.
2 Sec. 22. Section 598.23, subsection 2, paragraph b, Code
3 2021, is amended to read as follows:
4 b. Modifies visitation parenting time to compensate for lost
5 visitation parenting time or establishes joint custody for the
6 child or transfers custody.
7 Sec. 23. Section 598.41, subsection 1, paragraphs a and d,
8 Code 2021, are amended to read as follows:
9 a. The court may provide for joint custody of the child
10 by the parties. The court, insofar as is reasonable and in
11 the best interest of the child, shall order the custody award,
12 including liberal visitation parenting time rights where
13 appropriate, which will assure the child the opportunity for
14 the maximum continuing physical and emotional contact with
15 both parents after the parents have separated or dissolved
16 the marriage, and which will encourage parents to share the
17 rights and responsibilities of raising the child unless direct
18 physical harm or significant emotional harm to the child, other
19 children, or a parent is likely to result from such contact
20 with one parent.
21 d. If a history of domestic abuse exists as determined by a
22 court pursuant to subsection 3, paragraph “j”, and if a parent
23 who is a victim of such domestic abuse relocates or is absent
24 from the home based upon the fear of or actual acts or threats
25 of domestic abuse perpetrated by the other parent, the court
26 shall not consider the relocation or absence of that par