Iowa 2021-2022 Regular Session Status: Passed House

HF 819 — A bill for an act relating to fundamental parental rights. (Formerly HF 714.)

Last action — Placed on calendar under unfinished business.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

17 added · 42 removed

17 line(s) added, 42 removed.

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House File 819 - Introduced HOUSE FILE 819 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 714) A BILL FOR An Act relating to fundamental parental rights.
House File 819 - Reprinted HOUSE FILE 819 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 714) (As Amended and Passed by the House March 25, 2021) A BILL FOR An Act relating to fundamental parental rights.
TLSB 2669HV (1) 89 pf/rh H.F.
HF 819 (2) 89 pf/rh/md H.F.
The right to direct the upbringing, rearing, associations, care, education, custody, and control of a parent’s child is a parent’s fundamental right.
The right to direct the care and custody of a parent’s child is a parent’s fundamental right.
State action infringing on or interfering with this fundamental right shall be subject to strict scrutiny and shall be narrowly tailored to serve a compelling state interest.
State action infringing on this fundamental right shall be subject to strict scrutiny and shall be narrowly tailored to serve a compelling state interest.
Divorce or marital status shall not diminish this fundamental right, render a parent unfit, or establish a compelling state interest.
Marital status shall not diminish this fundamental right, render a parent unfit, or establish a compelling state interest.
5.
HF 819 (2) 89 -1- pf/rh/md 1/1
It is presumed that the actions of a fit parent are in the best interests of the parent’s child.
This presumption may be overcome only by clear and convincing evidence.
State action to determine the best interests of the child shall not be taken until the state overcomes such presumption.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
This bill establishes fundamental rights of parents relating to the upbringing, rearing, associations, care, education, custody, and control of a parent’s child with which state action shall not infringe or interfere without meeting the strict scrutiny level of judicial review.
The bill provides that divorce or marital status shall not diminish the fundamental right, render a parent unfit, or establish a compelling state interest.
A parent is presumed to be a fit parent, and the presumption may be overcome only by clear and convincing evidence.
The bill also provides that it is presumed that the actions of a fit parent are in the best interests of the parent’s child;
the presumption may be overcome only by clear and convincing evidence;
and state action to determine the best interests of the child shall not LSB 2669HV (1) 89 -1- pf/rh 1/2 H.F.
819 be taken until the state overcomes such presumption.
LSB 2669HV (1) 89 -2- pf/rh 2/2
View plain text versions (3)

Amendments

2 amendments

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Action History

  1. Placed on calendar under unfinished business.

  2. Committee report, recommending passage.

  3. Subcommittee recommends amendment and passage.

  4. Subcommittee Meeting: 03/30/2021 2:00PM RM 24A.

  5. Subcommittee: Zaun, Bisignano, and Reichman.

  6. Read first time, referred to Judiciary.

  7. Message from House.

  8. Immediate message.

  9. Passed House, yeas 94, nays none.

  10. Amendment H-1299 adopted.

  11. Amendment H-1299 filed.

  12. Amendment H-1287 adopted, as amended.

  13. Amendment H-1299 to amendment H-1287 filed, adopted.

  14. Amendment H-1287 filed.

  15. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What is the current status of HF 819?
This bill died with 2021-2022 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HF 819?
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