Iowa SF 313: A bill for an act relating to replacement of the term visitation with the term parenting time relative to time awarded to a parent.

Bill Text

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
An Act relating to replacement of the term visitation with the1
term parenting time relative to time awarded to a parent.2
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:3
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Section 1. Section 232.2, subsection 47, Code 2021, is1
amended to read as follows:2
47. “Residual parental rights and responsibilities” means3
those rights and responsibilities remaining with the parent4
after transfer of legal custody or guardianship of the person5
of the child. These include but are not limited to the right of6
visitation parenting time, the right to consent to adoption,7
and the responsibility for support.8
Sec. 2. Section 232.102, subsection 13, Code 2021, is9
amended to read as follows:10
13. Unless prohibited by the court order transferring11
custody of the child for placement or other court order or12
the department or agency that received the custody transfer13
finds that allowing the visitation parenting time would not14
be in the child’s best interest, the department or agency may15
authorize reasonable visitation with the child by the child’s16
grandparent, great-grandparent, or other adult relative who has17
established a substantial relationship with the child.18
Sec. 3. Section 232.103A, subsection 1, unnumbered19
paragraph 1, Code 2021, is amended to read as follows:20
The juvenile court may close a child in need of assistance21
case by transferring jurisdiction over the child’s custody,22
physical care, and visitation parenting time to the district23
court through a bridge order, if all of the following criteria24
are met:25
Sec. 4. Section 232.103A, subsection 1, paragraph e, Code26
2021, is amended to read as follows:27
e. The juvenile court has determined that the child in need28
of assistance case can safely close once orders for custody,29
physical care, and visitation parenting time are entered by the30
district court.31
Sec. 5. Section 232.103A, subsections 3 and 6, Code 2021,32
are amended to read as follows:33
3. The juvenile court shall designate the petitioner and34
respondent for the purposes of the bridge order. A bridge35
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S.F. 313
order shall only address matters of custody, physical care,1
and visitation parenting time. All other matters, including2
child support, shall be filed by separate petition or by action3
of the child support recovery unit, and shall be subject to4
existing applicable statutory provisions.5
6. Following the issuance of a bridge order, a party6
may file a petition in district court for modification of7
the bridge order for custody, physical care, or visitation8
parenting time. If the petition for modification is filed9
within one year of the filing date of the bridge order,10
the party requesting modification shall not be required to11
demonstrate a substantial change of circumstances but instead12
shall demonstrate that such modification is in the best13
interest of the child. If a petition for modification is filed14
within one year of the filing date of the bridge order, filing15
fees and other court costs shall not be assessed against the16
parties.17
Sec. 6. Section 232.107, Code 2021, is amended to read as18
follows:19
232.107 Parent visitation Parenting time.20
If a child is removed from the child’s home in accordance21
with an order entered under this subchapter, unless the22
court finds that substantial evidence exists to believe that23
reasonable visitation parenting time or supervised visitation24
parenting time would cause an imminent risk to the child’s life25
or health, the order shall allow the child’s parent reasonable26
visitation parenting time or supervised visitation parenting27
time with the child.28
Sec. 7. Section 236.4, subsections 2 and 3, Code 2021, are29
amended to read as follows:30
2. The court may enter any temporary order it deems31
necessary to protect the plaintiff from domestic abuse prior32
to the hearing, including temporary custody or visitation33
parenting time orders pursuant to subsection 3, upon good cause34
shown in an ex parte proceeding. Present danger of domestic35
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S.F. 313
abuse to the plaintiff constitutes good cause for purposes of1
this subsection. A temporary order issued pursuant to this2
subsection shall specifically include notice that the person3
may be required to relinquish all firearms, offensive weapons,4
and ammunition upon the issuance of a permanent order pursuant5
to section 236.5.6
3. The court may award temporary custody of or establish7
temporary visitation parenting time rights with regard to8
children under eighteen years of age. In awarding temporary9
custody or temporary visitation parenting time rights, the10
court shall give primary consideration to the safety of11
the alleged