House
File
2310
-
Introduced
HOUSE
FILE
2310
BY
BEARINGER
A
BILL
FOR
An
Act
providing
that
a
child
who
is
twelve
years
of
age
or
1
older,
who
is
truant,
and
who
refuses
to
engage
in
mediation
2
or
who
violates
a
mediation
agreement
commits
a
delinquent
3
act.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2310
Section
1.
Section
232.2,
subsection
12,
Code
2014,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
d.
The
violation
of
a
mediation
agreement
3
or
refusal
to
participate
in
mediation
under
section
299.5A
is
4
committed
by
a
child
twelve
years
of
age
or
older.
5
Sec.
2.
Section
232.22,
subsection
8,
Code
2014,
is
amended
6
to
read
as
follows:
7
8.
Notwithstanding
any
other
provision
of
the
Code
to
8
the
contrary,
a
child
shall
not
be
placed
in
detention
for
a
9
violation
of
section
123.47
or
299.6
,
or
for
failure
to
comply
10
with
a
dispositional
order
which
provides
for
performance
of
11
community
service
for
a
violation
of
section
123.47
or
299.6
.
12
Sec.
3.
Section
299.5A,
unnumbered
paragraph
4,
Code
2014,
13
is
amended
to
read
as
follows:
14
The
school
district
shall
be
responsible
for
monitoring
15
any
agreements
arrived
at
through
mediation.
If
a
parent,
16
guardian,
or
legal
or
actual
custodian
,
or
the
child
if
the
17
child
is
twelve
years
of
age
or
older,
refuses
to
engage
in
18
mediation
or
violates
a
term
of
the
agreement,
the
matter
19
shall
be
rereferred
to
the
county
attorney
for
prosecution
20
under
section
299.6
.
The
county
attorney’s
office
or
the
21
mediation
service
shall
require
the
parent,
guardian,
or
legal
22
or
actual
custodian
and
the
school
to
pay
a
fee
to
help
defray
23
the
administrative
cost
of
mediation
services.
The
county
24
attorney’s
office
or
the
mediation
service
shall
establish
25
a
sliding
scale
of
fees
to
be
charged
parents,
guardians,
26
and
legal
or
actual
custodians
based
upon
ability
to
pay.
A
27
parent,
guardian,
or
legal
or
actual
custodian
shall
not
be
28
denied
the
services
of
a
mediator
solely
because
of
inability
29
to
pay
the
fee.
30
Sec.
4.
Section
299.6,
subsection
1,
unnumbered
paragraph
31
1,
Code
2014,
is
amended
to
read
as
follows:
32
Any
person
who
violates
a
mediation
agreement
under
section
33
299.5A
,
who
is
referred
for
prosecution
under
section
299.5A
34
and
is
convicted
of
a
violation
of
any
of
the
provisions
35
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of
sections
299.1
through
299.5
,
who
violates
any
of
the
1
provisions
of
sections
299.1
through
299.5
,
or
who
refuses
2
to
participate
in
mediation
under
section
299.5A
,
commits
3
a
public
offense.
If
a
child
twelve
years
of
age
or
older
4
violates
a
mediation
agreement
under
section
299.5A,
or
refuses
5
to
participate
in
mediation
under
section
299.5A,
the
child
6
commits
a
delinquent
act
under
chapter
232.
The
child
may
7
be
placed
in
detention
under
chapter
232
for
a
violation
of
8
section
299.5A
for
not
more
than
forty-eight
hours.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
provides
that
a
child
who
is
12
years
of
age
or
13
older,
truant,
and
refuses
to
engage
in
mediation
or
violates
14
a
truancy
mediation
agreement,
commits
a
delinquent
act
under
15
Code
chapter
232.
The
child
may
be
placed
in
detention
for
not
16
more
than
48
hours
for
such
delinquent
act.
17
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