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Senate unanimously substitutes, then passes bill to allow courts to waive pre‑adoptive home study in limited cases

2893443 · April 7, 2025
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Summary

The Senate concurred in a substitution and passed House File 314 allowing a court to waive a pre‑adoptive home study when the petitioner has been the child's legal guardian for 36 consecutive months and complied with guardian duties; final passage was 36–11.

The Iowa Senate on April 7, 2025, substituted House File 314 for Senate File 154 and passed the substituted bill on a 36–11 roll call. The measure allows a court to waive a pre‑adoptive home study when specific conditions are met.

Under the substituted language presented by Senator Mark Taylor (R‑Sioux), a court may waive the pre‑adoptive home study if the petitioner has been the current legal guardian for the person to be adopted for the 36 consecutive months immediately before filing and has complied with the duties and responsibilities of a guardian for those 36 months. The bill’s sponsor described the change as a limited streamlining in cases where the guardian has already been providing care and oversight for three years.

Opponents raised child‑protection concerns. Senator Joe Weiner (D‑Johnson), who identified personal experience as an adoptive parent and guardian, said the waiver worries him because a full pre‑placement study provides safeguards: “I would absolutely want there to be pretty much a full pre placement study if I were to end up adopting my granddaughter. I think that's only that we want our kids to be protected.” Weiner said he would vote no for that reason.

Procedure and votes: The Senate approved the substitution unanimously and later passed House File 314 on a roll call of 36 ayes and 11 nays; the sponsor asked that the Senate immediately withdraw the original Senate file and the measure be messaged.