House File 2164 - Introduced HOUSE FILE 2164 BY FISHER , STAED , MURPHY , RIDING , WESSEL-KROESCHELL , M. SMITH , BEARINGER , SHEETS , ALONS , DAWSON , KAJTAZOVIC , KEARNS , T. TAYLOR , MASCHER , HUNTER , and THEDE (COMPANION TO SF 2084 BY SODDERS) A BILL FOR An Act relating to the services provided through the department 1 of human services for children and young adults, including 2 through the Iowa juvenile home, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5530HH (2) 85 jp/rj

H.F. 2164 Section 1. Section 218.13, subsection 1, paragraph c, Code 1 2014, is amended to read as follows: 2 c. “Resident” means a person committed or admitted to , 3 committed to, or placed at an institution. 4 Sec. 2. Section 232.52, subsection 2, Code 2014, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . 0c. An order placing the child at the 7 Iowa juvenile home for a time-limited assessment of the 8 functioning and service needs of the child. Unless the 9 court enters an order for an out-of-home placement under this 10 subsection, if the evidence in the record shows that the child 11 has been previously adjudicated as delinquent or as a child 12 in need of assistance and has been the subject of three or 13 more out-of-home placements, the court shall enter an order 14 for the child to be placed at the Iowa juvenile home for a 15 time-limited assessment. Upon receiving the Iowa juvenile 16 home’s assessment, the court shall consider the recommendations 17 made in the assessment in ordering a disposition under this 18 subsection. 19 Sec. 3. Section 232.52, subsection 2, paragraph e, 20 unnumbered paragraph 1, Code 2014, is amended to read as 21 follows: 22 An order transferring the guardianship of the child, 23 subject to the continuing jurisdiction and custody of the court 24 for the purposes of section 232.54 , to the director of the 25 department of human services for purposes of placement in the 26 state training school , Iowa juvenile home, or other facility, 27 provided that the child is at least twelve years of age and 28 the court finds the placement to be in the best interests of 29 the child or necessary for the protection of the public, and 30 that the child has been found to have committed an act which is 31 a forcible felony, as defined in section 702.11 , or a felony 32 violation of section 124.401 or chapter 707 , or the court finds 33 any three of the following conditions exist: 34 Sec. 4. Section 232.52, subsection 10, paragraph a, 35 -1- LSB 5530HH (2) 85 jp/rj 1/ 18

H.F. 2164 unnumbered paragraph 1, Code 2014, is amended to read as 1 follows: 2 Upon receipt of an application from the director of the 3 department of human services, the court shall enter an order to 4 temporarily transfer a child who has been placed in the state 5 training school or Iowa juvenile home pursuant to subsection 6 2 , paragraph “e” , to a facility which has been designated to be 7 an alternative placement site for the state training school or 8 Iowa juvenile home , provided the court finds that all of the 9 following conditions exist: 10 Sec. 5. Section 232.52, subsection 10, paragraph a, 11 subparagraph (2), Code 2014, is amended to read as follows: 12 (2) Immediate removal of the child from the state training 13 school or Iowa juvenile home is necessary to safeguard the 14 child’s physical or emotional health. 15 Sec. 6. Section 232.54, subsection 1, paragraph f, Code 16 2014, is amended to read as follows: 17 f. With respect to a temporary transfer order made pursuant 18 to section 232.52, subsection 10 , if the court finds that 19 removal of a child from the state training school or Iowa 20 juvenile home is necessary to safeguard the child’s physical 21 or emotional health and is in the best interests of the child, 22 the court shall grant the director’s motion for a substitute 23 dispositional order to place the child in a facility which has 24 been designated to be an alternative placement site for the 25 state training school or Iowa juvenile home . 26 Sec. 7. Section 232.102, Code 2014, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 2A. After a dispositional hearing the 29 court may enter an order for the child to be placed at the Iowa 30 juvenile home for a time-limited assessment of the functioning 31 and service needs of the child. Unless the court enters an 32 order for an out-of-home placement under this section, if the 33 evidence in the record shows that the child has been previously 34 adjudicated as delinquent or as a child in need of assistance 35 -2- LSB 5530HH (2) 85 jp/rj 2/ 18

H.F. 2164 and has been the subject of three or more out-of-home 1 placements, the court shall enter an order for the child to be 2 placed at the Iowa juvenile home for a time-limited assessment. 3 Upon receiving the Iowa juvenile home’s assessment, the court 4 shall consider the recommendations made in the assessment in 5 ordering a disposition under this section. 6 Sec. 8. Section 232.102, subsection 3, Code 2014, is amended 7 to read as follows: 8 3. After a dispositional hearing and upon written 9 findings of fact based upon evidence in the record that an 10 alternative placement set forth in subsection 1 , paragraph 11 “a” , subparagraph (1), has previously been made and is not 12 appropriate the court may enter an order transferring the 13 guardianship of the child for the purposes of subsection 8 , 14 to the director of human services for the purposes of an 15 assessment by or placement in the Iowa juvenile home at Toledo. 16 Sec. 9. Section 233A.1, Code 2014, is amended to read as 17 follows: 18 233A.1 State training school —— at Eldora and Toledo . 19 1. Effective January 1, 1992, a A diagnosis and evaluation 20 center and other units are established shall be maintained 21 at Eldora to provide to male juvenile delinquents a program 22 which focuses upon appropriate developmental skills, treatment, 23 placements, and rehabilitation. 24 2. The diagnosis and evaluation center which is used to 25 identify appropriate treatment and placement alternatives for 26 juveniles male juvenile delinquents and any other units for 27 male juvenile delinquents which are located at Eldora and 28 the unit for juvenile delinquents at Toledo shall together 29 be known as the “state training school” . For the purposes of 30 this chapter , “director” means the director of human services 31 and “superintendent” means the administrator in charge of the 32 diagnosis and evaluation center for juvenile delinquents and 33 other units at Eldora and the unit for juvenile delinquents at 34 Toledo . 35 -3- LSB 5530HH (2) 85 jp/rj 3/ 18

H.F. 2164 3. The number of children present at any one time at the 1 state training school at Eldora shall not exceed the population 2 guidelines established under 1990 Iowa Acts, chapter 1239 , 3 section 21, as adjusted for subsequent changes in the capacity 4 at the training school. 5 4. For any child receiving a diagnosis or evaluation from 6 or placed at the state training school, the state training 7 school shall provide a written plan regarding the placement 8 status of the child on or about the time the child becomes age 9 eighteen. The plan shall, while giving consideration to the 10 treatment needs of the child, also give consideration to the 11 long-term needs of the child upon becoming age eighteen. Given 12 these considerations, the plan shall identify placement options 13 to meet the child’s needs that will not negatively affect the 14 child’s adult eligibility for assistance provided with federal 15 financial participation. The assistance addressed shall 16 include but is not limited to the preparation for adult living 17 program under section 234.46, the medical assistance program, 18 and the federal job corps program. 19 Sec. 10. Section 233A.6, Code 2014, is amended to read as 20 follows: 21 233A.6 Visits —— guardian ad litem . 22 1. Members of the executive council, the attorney general, 23 the lieutenant governor, members of the general assembly, 24 judges of the supreme and district court and court of appeals, 25 magistrates, county attorneys and persons ordained or 26 designated as regular leaders of a religious community are 27 authorized to visit the state training school at reasonable 28 times. No Except as authorized by subsection 2 or other law, 29 other person persons shall not be granted admission except by 30 permission of the superintendent. 31 2. The guardian ad litem for a child placed at the state 32 training school shall meet in person with the child at least 33 quarterly and shall report to the court regarding the child as 34 required by the court. 35 -4- LSB 5530HH (2) 85 jp/rj 4/ 18

H.F. 2164 Sec. 11. Section 233B.1, Code 2014, is amended to read as 1 follows: 2 233B.1 Definitions —— purpose —— population limit. 3 1. For the purpose of this chapter , unless the context 4 otherwise requires: 5 a. “Administrator” or “director” means the director of the 6 department of human services. 7 b. “Home” means the Iowa juvenile home. 8 c. “Superintendent” means the superintendent of the Iowa 9 juvenile home. 10 2. The Iowa juvenile home shall be maintained for the 11 purpose of providing care, custody, and education of the 12 children committed to the home. The children shall be wards of 13 the state. The children’s education shall embrace instruction 14 in the common school branches and in such other higher branches 15 as may be practical and will enable the children to gain useful 16 and self-sustaining employment. The administrator and the 17 superintendent of the home shall assist all discharged children 18 in securing suitable homes and proper employment. to do all of 19 the following for residents of this state: 20 a. Provide time-limited assessments of the functioning 21 and service needs of female and male children less than 22 age eighteen who have been adjudicated under chapter 232 as 23 delinquent or as a child in need of assistance. The placement 24 of a child at the home for an assessment shall be by one of the 25 following means: 26 (1) By order of the juvenile court under chapter 232. 27 (2) For a child in an out-of-home placement, by referral of 28 the department or an agency providing services to the child. 29 b. Provide gender-responsive services to female children 30 less than age eighteen who have been adjudicated under chapter 31 232 as delinquent or as a child in need of assistance and 32 placed at the home in accordance with a court order. 33 c. Provide continued placement at the home for female 34 children who were placed at the home under paragraph “b” upon 35 -5- LSB 5530HH (2) 85 jp/rj 5/ 18

H.F. 2164 the children becoming an adult, until age twenty-one. The 1 purpose of continued placement is for completion of high school 2 education requirements identified in the education plans 3 developed by the provider of educational services for the 4 children. 5 d. Provide training and consultation services to public 6 and private providers of services to children adjudicated 7 delinquent or as a child in need of assistance. 8 e. Provide follow-up services to children, who received 9 assessment services from or placement services at the home and 10 who remain under the jurisdiction of the juvenile court, as 11 necessary to meet the long-term needs of the children as they 12 age into adulthood. Follow-up services shall be provided to 13 support children who are discharged from the home during the 14 period beginning twelve months prior to the children becoming 15 age eighteen and ending on the day prior to the children 16 becoming age eighteen who do not remain under the jurisdiction 17 of the juvenile court. In addition, follow-up services shall 18 be made available to children discharged from the home at 19 any age upon or after the children become age eighteen and 20 continuing until at least age twenty-one. 21 3. The assessment services provided by the home to a 22 child shall identify any physical, emotional, intellectual, 23 behavioral, or mental health disorder or condition affecting 24 the child and recommend treatment to address the disorder or 25 condition, identify any substance-related disorder of the child 26 or the child’s family and recommend treatment to address the 27 disorder, assess the child’s educational status and recommend 28 action to address any identified educational deficiency, and 29 identify specific public and private service providers with 30 the capacity to meet the child’s needs. The assessment of a 31 child shall identify one or more placement or service options 32 to best meet the permanency needs of the child. The assessment 33 findings, assumptions, and recommendations shall be reported in 34 writing to the court or other person that referred the child 35 -6- LSB 5530HH (2) 85 jp/rj 6/ 18

H.F. 2164 for assessment. 1 4. For any child receiving an assessment from or placed 2 at the home, the home shall provide a written plan regarding 3 the placement status of the child on or about the time the 4 child becomes age eighteen. The plan shall, while giving 5 consideration to the treatment needs of the child, also give 6 consideration to the long-term needs of the child upon becoming 7 age eighteen. Given these considerations, the plan shall 8 identify placement options to meet the child’s needs that will 9 not negatively affect the child’s eligibility as an adult for 10 assistance provided through federal financial participation. 11 The assistance addressed shall include but is not limited to 12 the preparation for adult living program under section 234.46, 13 the medical assistance program, and the federal job corps 14 program. 15 3. 5. The number of children present at any one time at the 16 Iowa juvenile home shall not exceed the population guidelines 17 established under 1990 Iowa Acts, chapter 1239 , section 21, as 18 adjusted for subsequent changes in the capacity at the home. 19 6. The education services provided to the children placed 20 at the home shall be provided by a local school district, 21 area education agency, or other provider approved by the 22 department of education. Funding shall be made available by 23 the department or as designated by law for education services 24 to be provided to the children placed at the home throughout 25 the fiscal year and to pay the other education costs that are 26 not paid for under chapter 257. 27 7. The department shall cause the home to be accredited as 28 a juvenile correctional facility by the American correctional 29 association, to meet the standards adopted by the department 30 for approval of a juvenile detention home, and to meet 31 applicable standards for programs providing residential 32 services for children paid for by a managed care or prepaid 33 services contract under the medical assistance program. 34 8. The administrator and the superintendent for the 35 -7- LSB 5530HH (2) 85 jp/rj 7/ 18

H.F. 2164 home shall provide on an ongoing basis for the home’s 1 programs, facilities, and services, and for the training 2 of staff in order to apply evidence-based practices and 3 other recognized contemporary approaches to ensure that 4 the care for the children served by the home is of high 5 quality. The administrator’s and superintendent’s efforts 6 and recommendations to comply with this requirement shall 7 be documented in the annual budget and financial reporting 8 submitted to the governor and the general assembly. 9 Sec. 12. Section 233B.2, Code 2014, is amended to read as 10 follows: 11 233B.2 Salary. 12 The salary of the superintendent of the home shall be 13 determined by the administrator in accordance with the state 14 requirements for similar positions . 15 Sec. 13. Section 233B.3, Code 2014, is amended to read as 16 follows: 17 233B.3 Admissions Commitments and placements —— guardian ad 18 litem . 19 Admission to the home shall be granted to resident children 20 of the state under seventeen years of age, as follows, giving 21 preference in the order named: 22 1. Neglected or dependent children committed by the 23 juvenile court Commitments to and placements at the Iowa 24 juvenile home shall be limited to the commitments and 25 placements specified in section 233B.1 . 26 2. Other destitute children The guardian ad litem for a 27 child placed at the home shall meet in person with the child 28 at least quarterly and shall report to the court regarding the 29 child as required by the court . 30 Sec. 14. Section 233B.4, Code 2014, is amended to read as 31 follows: 32 233B.4 Procedure. 33 The procedure for commitment to and placement at the home is 34 shall be as provided by chapter 232 and section 233B.3 . 35 -8- LSB 5530HH (2) 85 jp/rj 8/ 18

H.F. 2164 Sec. 15. Section 233B.5, Code 2014, is amended to read as 1 follows: 2 233B.5 Transfers. 3 The administrator may propose the transfer to the home 4 of minor wards of the state from any institution under the 5 administrator’s charge or under the charge of any other 6 administrator of the department of human services ; but no 7 person shall be so transferred who is a person with mental 8 illness or an intellectual disability, or who is incorrigible, 9 or has any vicious habits, or whose presence in the home would 10 be inimical to the moral or physical welfare of the other 11 children within the home, and any such child in the home may 12 be transferred to the proper state institution . However, the 13 superintendent shall only approve the transfer of minor wards 14 who meet the placement criteria specified in section 233B.1. 15 Sec. 16. Section 233B.6, Code 2014, is amended to read as 16 follows: 17 233B.6 Profits and earnings. 18 Any money earned by or accrued to the benefit of a child 19 who is transferred to, admitted to , or placed in foster care 20 from the home shall be used, held , or otherwise applied for the 21 exclusive benefit of that child, in accordance with section 22 234.37 . 23 Sec. 17. Section 233B.7, Code 2014, is amended to read as 24 follows: 25 233B.7 Rules. 26 All children admitted or committed to the home shall be wards 27 of the state and subject to the rules of the home. Subject to 28 the approval of the administrator, any child received under 29 voluntary application may be expelled by the superintendent 30 for disobedience and refusal to submit to proper discipline. 31 Children shall be discharged upon arriving at the age of 32 eighteen years, or sooner if possessed of sufficient means to 33 provide for themselves. The department shall adopt rules to 34 administer and operate the home in the best interests of the 35 -9- LSB 5530HH (2) 85 jp/rj 9/ 18

H.F. 2164 children placed at the home. 1 Sec. 18. Section 234.46, subsection 1, paragraph c, Code 2 2014, is amended to read as follows: 3 c. At the time the person became age eighteen, the person 4 received foster care services that were paid for by the state 5 under section 234.35 , services at the Iowa juvenile home or 6 the state training school, services at a juvenile shelter care 7 home, or services at a juvenile detention home and the person 8 is no longer receiving such services. 9 Sec. 19. Section 234.46, subsection 2, unnumbered paragraph 10 1, Code 2014, is amended to read as follows: 11 The division shall establish a preparation for adult living 12 program directed to young adults. The purpose of the program 13 is to assist persons who are leaving foster care and other 14 court-ordered services at age eighteen or older in making the 15 transition to self-sufficiency. The department shall adopt 16 rules necessary for administration of the program, including 17 but not limited to eligibility criteria for young adult 18 participation and the services and other support available 19 under the program. The rules shall provide for participation 20 of each person who meets the definition of young adult on 21 the same basis, regardless of whether federal financial 22 participation is provided. The services and other support 23 available under the program may include but are not limited to 24 any of the following: 25 Sec. 20. Section 331.424, subsection 1, paragraph a, 26 subparagraph (1), subparagraph division (b), Code 2014, is 27 amended to read as follows: 28 (b) Care of children admitted or committed to or placed at 29 the Iowa juvenile home at Toledo. 30 Sec. 21. Section 331.756, subsection 51, Code 2014, is 31 amended by striking the subsection. 32 Sec. 22. Section 331.802, subsection 3, paragraph k, Code 33 2014, is amended to read as follows: 34 k. Death of a person committed or admitted to , committed to, 35 -10- LSB 5530HH (2) 85 jp/rj 10/ 18

H.F. 2164 or placed at a state mental health institute, a state resource 1 center, the state training school, or the Iowa juvenile home. 2 Sec. 23. Section 357H.1, subsection 1, Code 2014, is amended 3 to read as follows: 4 1. The board of supervisors of a county with less than 5 twenty thousand residents, not counting persons admitted or to, 6 committed to , or placed at an institution enumerated in section 7 218.1 or 904.102 , based upon the 2000 certified federal census, 8 and with a private lake development shall designate an area 9 surrounding the lake, if it is an unincorporated area of the 10 county, a rural improvement zone upon receipt of a petition 11 pursuant to section 357H.2 , and upon the board’s determination 12 that the area is in need of improvements. 13 Sec. 24. Section 690.4, subsection 1, Code 2014, is amended 14 to read as follows: 15 1. The warden of the Iowa medical and classification center 16 and superintendent of the state training school shall take or 17 procure the taking of the fingerprints, and, in the case of 18 the Iowa medical and classification center only, Bertillon 19 photographs of any person received on commitment to their 20 respective institutions, and shall forward such fingerprint 21 records and photographs within ten days after they are taken 22 to the department of public safety. The superintendent of the 23 Iowa juvenile home shall take or procure the taking of the 24 fingerprints of any female adjudicated delinquent who is placed 25 at the home and shall forward the fingerprint records within 26 ten days after they are taken to the department of public 27 safety. Information obtained from fingerprint cards submitted 28 pursuant to this section may be retained by the department 29 of public safety as criminal history records. If a charge 30 for a serious misdemeanor, aggravated misdemeanor, or felony 31 is brought against a person already in the custody of a law 32 enforcement or correctional agency and the charge is filed in a 33 case separate from the case for which the person was previously 34 arrested or confined, the agency shall take the fingerprints of 35 -11- LSB 5530HH (2) 85 jp/rj 11/ 18

H.F. 2164 the person in connection with the new case and submit them to 1 the department of public safety. 2 Sec. 25. Section 904.201, subsection 8, Code 2014, is 3 amended to read as follows: 4 8. Chapter 230 governs the determination of costs and 5 charges for the care and treatment of persons with mental 6 illness admitted to the forensic psychiatric hospital, 7 except that charges for the care and treatment of any person 8 transferred to the forensic psychiatric hospital from an 9 adult correctional institution or from a , the state training 10 school , or the Iowa juvenile home shall be paid entirely from 11 state funds. Charges for all other persons at the forensic 12 psychiatric hospital shall be billed to the respective counties 13 at the same ratio as for patients at state mental health 14 institutes under section 230.20 . 15 Sec. 26. Section 904.503, subsection 1, paragraph c, Code 16 2014, is amended to read as follows: 17 c. If the juvenile court waives its jurisdiction over a 18 child over thirteen and under eighteen years of age pursuant 19 to section 232.45 so that the child may be prosecuted as an 20 adult and if the child is convicted of a public offense in the 21 district court and committed to the custody of the director 22 under section 901.7 , the director may request transfer of 23 the child to the state training school or Iowa juvenile home 24 under this section . If the administrator of a division of 25 the department of human services consents and approves the 26 transfer, the child may be retained in temporary custody by the 27 state training school or Iowa juvenile home until attaining the 28 age of eighteen, at which time the child shall be returned to 29 the custody of the director of the department of corrections 30 to serve the remainder of the sentence imposed by the district 31 court. If the child becomes a security risk or becomes a 32 danger to other residents of the state training school or Iowa 33 juvenile home at any time before reaching eighteen years of 34 age, the administrator of the division of the department of 35 -12- LSB 5530HH (2) 85 jp/rj 12/ 18

H.F. 2164 human services may immediately return the child to the custody 1 of the director of the department of corrections to serve the 2 remainder of the sentence. 3 Sec. 27. Section 915.29, subsection 1, unnumbered paragraph 4 1, Code 2014, is amended to read as follows: 5 The department of human services shall notify a registered 6 victim regarding a juvenile adjudicated delinquent for a 7 violent crime, committed to the custody of the department of 8 human services, and placed at the state training school at 9 Eldora or the Iowa juvenile home at Toledo, of the following: 10 Sec. 28. REPEAL. Sections 233B.10, 233B.11, 233B.12, and 11 233B.13, Code 2014, are repealed. 12 Sec. 29. EFFECTIVE UPON ENACTMENT. This Act, being deemed 13 of immediate importance, takes effect upon enactment. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the services provided through the 18 department of human services (DHS) for children and young 19 adults, including through the Iowa juvenile home (home). The 20 bill amends the services required to be provided at the home 21 and limits continued placements to females only. In addition, 22 references in current law to the state training school that, by 23 definition, also include the home are amended to specifically 24 reference the home. 25 Code section 218.13, relating to employment record checks 26 of prospective and current employees of DHS institutions, is 27 amended to include the placement terminology used in the bill. 28 Juvenile justice code dispositional provisions in Code 29 sections 232.52 and 232.54 (delinquency) and Code section 30 232.102 (child in need of assistance) are amended to 31 specifically reference the home in lieu of the definition in 32 current law that includes the home in the defined term, “state 33 training school”. The current law in Code section 232.52 is 34 maintained which restricts placement in the institutions of 35 -13- LSB 5530HH (2) 85 jp/rj 13/ 18

H.F. 2164 adjudicated delinquent males and females who are at least 1 age 12 and the court finds the placement to be in the best 2 interests of the child or necessary for the protection of the 3 public, and that the child has been found to have committed 4 an act which is a forcible felony, as defined in Code section 5 702.11 (felonious child endangerment, assault, murder, sexual 6 abuse, kidnapping, robbery, arson in the first degree, or 7 burglary in the first degree), or a felony violation of Code 8 section 124.401 (prohibited acts with controlled substances) 9 or Code chapter 707 (homicide and related crimes) or meets at 10 least three of four other criteria relating to age, crimes 11 against persons, recidivism, and prior placement. 12 An addition is made to the dispositional orders the court 13 may enter under Code section 232.52 (adjudicated delinquent) 14 and Code section 232.102 (adjudicated as a CINA), authorizing 15 the court to enter a temporary order for placement of the child 16 at the Iowa juvenile home for an assessment. Unless the court 17 enters a dispositional order for an out-of-home placement, if 18 the record shows that the child has been previously adjudicated 19 as delinquent or as a CINA and has been ordered into three or 20 more out-of-home placements, the court is required to enter a 21 temporary order for the child to be placed at the Iowa juvenile 22 home for assessment. Upon receiving the Iowa juvenile home’s 23 assessment, the court must consider the recommendations made 24 in the assessment in entering one of the dispositional orders 25 available to the court for a child adjudicated delinquent or 26 as a CINA. 27 Code chapter 233A.1, relating to the state training school 28 at Eldora is amended to eliminate the inclusion of the Iowa 29 juvenile home in the training school by definition. In 30 addition, the state training school is required to provide 31 a written plan regarding the placement status of a child at 32 the training school on or about the time the child becomes 33 age 18. The plan is required to identify placement options 34 to meet the child’s needs that will not negatively affect the 35 -14- LSB 5530HH (2) 85 jp/rj 14/ 18

H.F. 2164 child’s adult eligibility for assistance provided through 1 federal financial participation. The assistance addressed is 2 required to include the preparation for adult living program, 3 the medical assistance (Medicaid) program, and the federal job 4 corps program. 5 Code section 233A.6, relating to visits at the training 6 school is amended to require the guardian ad litem for a child 7 placed at the school to meet in person with the child at least 8 quarterly and to report to the court regarding the child as 9 required by the court. 10 Code chapter 233B, relating to the Iowa juvenile home, is 11 substantially rewritten. 12 Code section 233B.1 is amended to revise the purpose of the 13 home to provide time-limited assessments of the functioning 14 and service needs of female and male children who have been 15 adjudicated as delinquent or as a child in need of assistance 16 (CINA), to provide gender-responsive services to such females 17 placed at the home for treatment and other services, to provide 18 continued placements of females placed at the home who age 19 into adulthood to complete high school education requirements 20 (this authorization exists in current law in Code section 21 233B.10, repealed by the bill), and to provide training and 22 consultation services to public and private providers of 23 services to children adjudicated delinquent or as a CINA. 24 Certain functions are required to be part of the assessment 25 services. Similar to the requirement for the state training 26 school, the home is required to provide a written plan for the 27 placement status of a child assessed by or placed at the home 28 on or about the time the child becomes age 18. 29 In addition, the home is required to provide follow-up 30 services to children who received assessment services from 31 or placement services at the home and who remain under the 32 jurisdiction of the juvenile court, and to persons who were 33 placed at the home and have aged into adulthood. 34 Education services for the children placed at the home are 35 -15- LSB 5530HH (2) 85 jp/rj 15/ 18

H.F. 2164 to be provided by the local school district, area education 1 agency, or other provider approved by the department of 2 education. Moneys are to be made available by DHS or as 3 designated by law for education costs not paid for through the 4 school finance provisions of Code chapter 257. 5 DHS is required to cause the home to be accredited as a 6 juvenile correctional facility by the American correctional 7 association, to meet DHS standards for approval as a juvenile 8 detention home, and to meet the applicable standards for 9 residential services for children paid for by managed care or 10 prepaid services contract for the Medicaid program. 11 The DHS administrator and the home’s superintendent 12 are required to provide on an ongoing basis for the home’s 13 programs, facilities, and services, and for the training 14 of staff in order to apply evidence-based practices and 15 other recognized contemporary approaches to ensure that 16 the care for the children served by the home is of high 17 quality. The administrator’s and superintendent’s efforts 18 and recommendations to comply with this requirement are to 19 be documented in the annual budget and financial reporting 20 submitted to the governor and general assembly. 21 Code section 233B.3, relating to admissions of children who 22 are residents of this state, is amended to limit commitments to 23 placements specified in Code section 233B.1, as amended by the 24 bill. The requirement in current law restricting admission to 25 children under age 17 is stricken. In addition, the guardian 26 ad litem for a child placed at the home is required to meet in 27 person with the child at least quarterly and to report to the 28 court regarding the child as required by the court. 29 Code section 233B.5 is amended to modify the authority of DHS 30 to transfer children from other DHS institutions to the home. 31 The bill prohibits the home’s superintendent from approving a 32 transfer proposal that does not meet the placement criteria 33 specified by the bill. 34 Code section 233B.7, requiring children to comply with the 35 -16- LSB 5530HH (2) 85 jp/rj 16/ 18

H.F. 2164 rules of the home, is amended. Requirements for children to 1 comply with the rules of the home, for expulsion of voluntary 2 placements who do not comply, and requiring discharge when a 3 child becomes age 18 are stricken. The bill requires DHS to 4 adopt rules to administer and operate the home to meet the best 5 interests of the children admitted to the home. 6 Code sections 233B.10, 233B.11, 233B.12, and 233B.13 are 7 repealed. These sections authorize DHS to place a child 8 admitted to the home into foster care and allow the placement 9 to continue into adulthood for educational purposes. Other 10 repealed Code sections provide for contracting for the 11 placements and for the county attorney to institute proceedings 12 to recover possession of the child if the contract is violated 13 and to prohibit the child’s parent from interfering with the 14 placement or the child while the placement is in force. A 15 subsection of Code section 331.756, relating to the duties of 16 the county attorney, is amended to remove this duty of the 17 county attorney to recover possession of a child placed from 18 the home into foster care. 19 Code section 234.46, relating to the preparation for 20 adult living program administered by DHS, is amended. The 21 eligibility definition is expanded to include persons who, 22 at the time such person became age 18, received services at 23 the Iowa juvenile home, the state training school, a shelter 24 care home, or a juvenile detention home. Current law limits 25 eligibility to persons who, at the time such person became 26 age 18, was receiving foster care services paid for by the 27 state. The rules adopted by the department for the program are 28 required to provide for the participation of each person who 29 meets the eligibility definition on the same basis, regardless 30 of whether federal financial participation is provided. 31 Code section 331.424, relating to county supplemental levy 32 authority, is amended to conform with the placement terminology 33 used in the bill. 34 Code section 331.802, relating to reporting and 35 -17- LSB 5530HH (2) 85 jp/rj 17/ 18

H.F. 2164 investigations of certain deaths, is amended to include the 1 placement terminology used in the bill in a reference to death 2 of a person that occurs at the home. 3 Code section 357H.1, relating to rural improvement zones, is 4 amended to include the placement terminology used in the bill 5 in a reference to DHS institutions. 6 Code section 690.4, which requires fingerprinting of 7 children placed at the state training school, which by 8 definition includes the Iowa juvenile home, is amended to 9 specifically require fingerprinting of females adjudicated 10 delinquent who are placed at the home. 11 Code section 904.201, relating to the Iowa medical 12 and classification center at Oakdale, provides for state 13 responsibility for charges for children admitted to the center 14 from the state training school, which by definition includes 15 the Iowa juvenile home, and the bill specifically refers to the 16 home. 17 Code section 904.503 allows for the director of the 18 department of corrections to request the transfer to the state 19 training school (includes the Iowa juvenile home by current 20 definition) of a child over age 13 and less than 18 who was 21 prosecuted and convicted as an adult in order for the school to 22 keep the child in custody until age 18. The bill specifically 23 lists the Iowa juvenile home in this authorization rather than 24 including the home by definition. 25 Code section 915.29, relating to notification of victims of 26 a violent crime committed by a juvenile delinquent when placed 27 at the state training school (includes the Iowa juvenile home 28 by current definition) and the juvenile escapes or is to be 29 released, is amended to specifically list the Iowa juvenile 30 home in this requirement rather than including the home by 31 definition. 32 The bill takes effect upon enactment. 33 -18- LSB 5530HH (2) 85 jp/rj 18/ 18