HF 2310 (LSB 5613YH (4) 85)

HOUSE FILE 2310

BY  BEARINGER

A BILL FOR

An Act providing that a child who is twelve years of age or older, who is truant, and who refuses to engage in mediation or who violates a mediation agreement commits a delinquent act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.2, subsection 12, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  The violation of a mediation agreement or refusal to participate in mediation under section 299.5A is committed by a child twelve years of age or older.
    Sec. 2.  Section 232.22, subsection 8, Code 2014, is amended to read as follows:
   8.  Notwithstanding any other provision of the Code to the contrary, a child shall not be placed in detention for a violation of section 123.47 or 299.6, or for failure to comply with a dispositional order which provides for performance of community service for a violation of section 123.47 or 299.6.
    Sec. 3.  Section 299.5A, unnumbered paragraph 4, Code 2014, is amended to read as follows:

   The school district shall be responsible for monitoring any agreements arrived at through mediation. If a parent, guardian, or legal or actual custodian, or the child if the child is twelve years of age or older, refuses to engage in mediation or violates a term of the agreement, the matter shall be rereferred to the county attorney for prosecution under section 299.6. The county attorney’s office or the mediation service shall require the parent, guardian, or legal or actual custodian and the school to pay a fee to help defray the administrative cost of mediation services. The county attorney’s office or the mediation service shall establish a sliding scale of fees to be charged parents, guardians, and legal or actual custodians based upon ability to pay. A parent, guardian, or legal or actual custodian shall not be denied the services of a mediator solely because of inability to pay the fee.
    Sec. 4.  Section 299.6, subsection 1, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   Any person who violates a mediation agreement under section 299.5A, who is referred for prosecution under section 299.5A and is convicted of a violation of any of the provisions of sections 299.1 through 299.5, who violates any of the provisions of sections 299.1 through 299.5, or who refuses to participate in mediation under section 299.5A, commits a public offense.  If a child twelve years of age or older violates a mediation agreement under section 299.5A, or refuses to participate in mediation under section 299.5A, the child commits a delinquent act under chapter 232. The child may be placed in detention under chapter 232 for a violation of section 299.5A for not more than forty-eight hours.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that a child who is 12 years of age or older, truant, and refuses to engage in mediation or violates a truancy mediation agreement, commits a delinquent act under Code chapter 232. The child may be placed in detention for not more than 48 hours for such delinquent act.