Bill
HF 367
Amends Iowa Code 232.102A to require family interactions continue during CINA proceedings unless a court finds substantial evidence of serious risk of physical or emotional harm.
Note on bill identity
- The supplied bill header (title about highway obstruction) does not match the enrolled bill text and legislative history provided. Based on the enrolled bill, legislative actions, and statute citations, House File 367 (HF 367) enacted April 18, 2025, is an Iowa child‑welfare bill addressing family interactions during an ongoing child in need of assistance (CINA) proceeding. This summary covers the enacted CINA provisions in HF 367.
Purpose
- To clarify and limit circumstances under which family interactions (visitation/contact) between a child and family members may be suspended or restricted during an active CINA proceeding, emphasizing continuation of interactions even when a parent fails to comply with court or department requirements unless specific safety findings support restriction.
Key provisions
- Statutory amendment: Amends Iowa Code section 232.102A, subsection 2 (Code 2025).
- Core rule: “Family interactions shall continue regardless of a parent’s failure to comply with the requirements of a court order or the department…”
- Restriction exception: Interactions may be limited only if there is a court finding of substantial evidence that the family interactions, whether supervised or unsupervised, “would pose a serious risk of physical or emotional harm to the child.”
- Amendment history: An earlier draft would have allowed restriction only where interactions “would cause an imminent risk to the child’s life or health.” Amendment H‑1049, adopted March 11, 2025, replaced that narrower “imminent risk to life or health” standard with the broader “serious risk of physical or emotional harm” language that appears in the enrolled bill.
Who is affected
- Children subject to CINA proceedings, their parents and family members (rights to visitation/contact), juvenile court judges, the Department of Health and Human Services (and county social services), attorneys, guardians ad litem, and foster or custodial caregivers.
- Courts and the department must apply the amended standard when considering suspension or restriction of family interactions.
Procedural timeline / status
- Introduced: February 12, 2025.
- Committee action: Reported and re‑referred to Judiciary Finance and Civil Law (3/3/2025).
- Amendment H‑1049 filed March 10, 2025; adopted March 11, 2025.
- Passed House (91–0) March 11, 2025; Passed Senate (47–1) April 8, 2025 (substituted for SF 287).
- Enrolled and signed by Governor Kim Reynolds April 18, 2025 (became law on that date; check Iowa Code for the bill’s statutory effective date if not otherwise specified).
Potential impacts / considerations
- Strengthens the presumption in favor of continuing family interactions during CINA cases, even when parents fail to comply with orders, by raising the evidentiary threshold needed to suspend visits.
- The final “serious risk of physical or emotional harm” standard is broader than the earlier “imminent risk to life or health,” potentially making it easier for courts to restrict interactions on safety grounds while still requiring “substantial evidence.”
- May increase judicial and departmental workload to document and litigate safety findings; could affect reunification processes, visitation planning, and placement decisions.
Related bill
- Companion: SF 180.
Compiled from official sources — confirm details with the bill’s official record.
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