Iowa Law: Sex Offender Stepparents And Rights

In Iowa, if a couple with children under the age of 18 separates, the courts will determine child custody arrangements, always considering the best interests of the child. A parent with a history of domestic abuse or who has allowed their child unsupervised access to a registered sex offender may be denied custody. While Iowa law does not explicitly prohibit sex offenders from becoming stepparents, they are subject to stringent registration requirements and restrictions on their residence and movement near schools and daycare facilities. Offenders convicted of sex crimes against minors face additional limitations and may be charged with child endangerment if they are granted custody or control over children.

Custody rights of a stepparent who is a sex offender

In Iowa, if a couple has children under the age of 18, the courts will play a role in making decisions related to child custody. In most cases, step-parents in joint custody arrangements have fewer rights than biological parents. While step-parents can receive legal rights pertaining to their step-child, doing so often requires navigating a legal arrangement with the child's biological parents.

Step-parents in Iowa cannot consent to medical treatment for their step-children. In a joint custody arrangement, step-parents must have a consent form signed by the child's biological parents to consent to medical treatment. In a non-custodial arrangement, only the spouse needs to sign the consent form. Additionally, step-parents in Iowa may be asked to participate in custodial and disciplinary arrangements. If a step-parent enters a marriage after custodial rights and disciplinary agreements are made, they may be requested by a judge to accept those arrangements.

In Iowa, the courts prioritize the child's best interests when determining custody, typically favoring joint custody unless circumstances, like abuse or substance issues, necessitate sole custody. The court will consider whether the safety of the child will be jeopardized by an award of joint custody or by unsupervised or unrestricted supervision, and whether a parent has allowed a person custody or control of, or unsupervised access to, a child after knowing the person is a registered sex offender.

According to Iowa Code 726.6 - Child Endangerment, a parent, guardian, or person having custody or control over a child under the age of 18 may be charged with child endangerment if they allow a registered sex offender to have custody or control over their child. However, this does not apply to a person who is married to and living with a registered sex offender.

Step-parents can sometimes gain equivalent legal jurisdiction to biological parents through legal adoption or legal guardianship. However, adoption may not be a feasible option in joint custody arrangements, as it requires a non-custodial biological parent to give up their rights to the child. Obtaining a legal guardianship can also be difficult if both biological parents are competent and involved in the child's life, and it typically only lasts until the child becomes an adult.

In summary, step-parents in Iowa generally lack legal jurisdiction over their step-children and may face challenges if they are registered sex offenders. It is important to consult with an attorney to understand the specific rights and responsibilities in each case.

Residency restrictions for sex offenders

Tier I offenders are required to register their information with the sheriff of their county once a year. They may be required to submit fingerprints or palm prints and pay an annual registration fee and a civil penalty.

Tier II offenders must register their information every six months and may also be required to submit fingerprints or palm prints. They must also pay an annual registration fee and a civil penalty and may be subject to electronic monitoring.

Tier III offenders are required to register their information every three months and may have to submit fingerprints or palm prints. They must pay an annual registration fee and a civil penalty and may be subject to electronic monitoring.

In addition to these requirements, sex offenders in Iowa are subject to residency restrictions if they have been convicted of an "aggravated offense against a minor." In such cases, offenders are prohibited from residing within 2,000 feet of a school or childcare facility. This restriction applies regardless of whether the offender has been convicted in Iowa or another jurisdiction.

Offenders with adult victims are exempt from these restrictions. However, there are additional exclusions for all offenders, outlined in Iowa Code Section 692A.114(3).

Iowa's sex offender registry law also imposes other restrictions on where offenders can be present. For example, offenders may not be present on the property of a public or private elementary or secondary school without permission, and they may not loiter within 300 feet of such a school. Similar restrictions apply to childcare facilities and public libraries.

Overall, Iowa's sex offender registry law imposes stringent requirements on those convicted of sex offenses, with the specific restrictions depending on the tier of the offense and the nature of the victim.

Employment restrictions for sex offenders

In Iowa, there are several restrictions on the employment of registered sex offenders.

For registrants with adult or minor victims, the following employment restrictions apply:

The offender cannot be an employee of a facility providing services for dependent adults or at events where dependent adults participate in programming. They also cannot loiter on the premises or grounds of such facilities or events.

For registrants with minor victims, additional restrictions apply:

• The offender cannot operate, manage, be employed by, or act as a contractor or volunteer at any municipal, county, or state fair or carnival when a minor is present on the premises.
• The offender cannot operate, manage, be employed by, or act as a contractor or volunteer at any children's arcade, amusement centre, or facilities providing programs or services intended primarily for minors, when a minor is present.
• The offender cannot operate, manage, be employed by, or act as a contractor or volunteer at a public or nonpublic elementary or secondary school, child care facility, or public library.
• The offender cannot operate, manage, be employed by, or act as a contractor or volunteer at any place intended primarily for use by minors, including playgrounds, children's play areas, recreational or sports-related activity areas, swimming or wading pools, and beaches.
• The offender cannot operate, manage, be employed by, or act as a contractor or volunteer at a business that operates a motor vehicle primarily marketing, from or near the motor vehicle, the sale and dispensing of ice cream or other food products to minors.

Furthermore, Iowa law allows members of the public to obtain certain information about registered sex offenders, including their employment details, from their local sheriff's office. This information is also available on the Iowa Sex Offender Registry website, which is updated daily.

Exclusion zones for sex offenders

In Iowa, "exclusion zones" or "exclusion" refers to the restrictions on sex offenders with victims who were minors. These restrictions are in addition to the residency restrictions that apply to some offenders.

Sex offenders with minor victims are subject to the following exclusion zones:

• They may not be present on school grounds without permission from the school administrator or their designee, unless they are enrolled as a student at the school.
• They must not loiter within 300 feet of the boundary of a public or nonpublic elementary or secondary school, unless they are enrolled as a student.
• They are prohibited from being present on school vehicles used to transport students, unless they are enrolled as a student or the vehicle is available to the public as a form of public transportation.
• They may not be present on the grounds of a childcare facility without written permission from the administrator.
• They must not loiter within 300 feet of the boundary of a childcare facility.
• They may not be present on the grounds of a public library without written permission from the library administrator.
• They must not loiter within 300 feet of the boundary of a public library.
• They must not loiter within 300 feet of any place intended primarily for the use of minors, such as a playground, children's play area, recreational or sports area, swimming pool, or beach that is open to the public when in use by a minor.

Sex offenders with adult victims are exempt from these exclusion zone restrictions.

Registry modification for sex offenders

The Iowa Sex Offender Registry became law on July 1, 1995, and is found in Chapter 692A Code of Iowa. The registry is updated daily, as often as every 30 minutes during business hours, Monday through Friday.

Who is Required to Register?

Anyone convicted of a Tier I, Tier II, or Tier III offense in Iowa is required to register as a sex offender as long as they live, work, or go to school in Iowa. The same registration requirements apply to anyone who was convicted of an offense in another state that they would be required to register for in that other state.

Registration in Iowa is either for 10 years or for life, depending on the statute the offender is convicted of and if the offender has any prior convictions for qualifying offenses.

While the text of the registry modification statute says that you can apply for modification if you're on probation, parole, work release, special sentence, or any other type of conditional release, the Iowa Supreme Court's current position is that you are also eligible to apply if you are no longer subject to corrections supervision and if you have satisfied the modification provision's prerequisites.

Your registry modification lawyer can file a registry modification application on your behalf if:

• You've been required to register for at least two years if you're a tier 1 offender or at least five years if you're a tier 2 or tier 3 offender.
• You've successfully completed all required sex offender treatment programs.
• You've completed a validated risk assessment and were classified as a low risk to reoffend.
• You aren't incarcerated.
• The director of the judicial district department of correctional services who is supervising you stipulates to the modification. A certified copy of their stipulation is required.

The county attorney of the county where you live, the county attorney of the county where you were convicted, and the department will be notified. If they have contact information for your victim, they will also be notified. The court may but is not required to hold a hearing. The judge will decide whether or not to modify your registration requirements.

Frequently asked questions