Senate
Study
Bill
3073
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
authorizing
the
placement
of
a
child
in
group
or
family
1
foster
care
pursuant
to
a
consent
decree
entered
in
juvenile
2
court.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
232.46,
subsection
1,
Code
2014,
is
1
amended
to
read
as
follows:
2
1.
a.
At
any
time
after
the
filing
of
a
petition
and
3
prior
to
entry
of
an
order
of
adjudication
pursuant
to
section
4
232.47
,
the
court
may
suspend
the
proceedings
on
motion
of
the
5
county
attorney
or
the
child’s
counsel,
enter
a
consent
decree,
6
and
continue
the
case
under
terms
and
conditions
established
by
7
the
court.
These
terms
and
conditions
may
include
prohibiting
8
a
any
of
the
following:
9
(1)
Prohibiting
the
child
from
driving
a
motor
vehicle
for
10
a
specified
period
of
time
or
under
specific
circumstances
,
11
or
the
supervision
.
The
court
shall
notify
the
department
of
12
transportation
of
an
order
prohibiting
the
child
from
driving.
13
(2)
Supervision
of
the
child
by
a
juvenile
court
officer
or
14
other
agency
or
person
designated
by
the
court
,
and
may
include
15
the
requirement
that
the
child
perform
.
16
(3)
The
performance
of
a
work
assignment
of
value
to
the
17
state
or
to
the
public
or
make
making
restitution
consisting
of
18
a
monetary
payment
to
the
victim
or
a
work
assignment
directly
19
of
value
to
the
victim.
The
court
shall
notify
the
state
20
department
of
transportation
of
an
order
prohibiting
the
child
21
from
driving.
22
(4)
Placement
of
the
child
in
a
group
or
family
foster
23
care
setting,
if
the
court
makes
a
determination
that
such
a
24
placement
is
the
least
restrictive
option.
25
b.
Participation
of
a
child
in
inpatient
mental
health
or
26
substance
abuse
treatment
does
not
preclude
entry
or
continued
27
execution
of
a
consent
decree.
28
Sec.
2.
Section
234.35,
subsection
1,
paragraph
e,
Code
29
2014,
is
amended
to
read
as
follows:
30
e.
When
a
court
has
entered
an
order
transferring
the
31
legal
custody
of
the
child
to
a
foster
care
placement
pursuant
32
to
section
232.46,
section
232.52,
subsection
2
,
paragraph
33
“d”
,
or
section
232.102,
subsection
1
.
However,
payment
34
for
a
group
foster
care
placement
shall
be
limited
to
those
35
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placements
which
conform
to
a
service
area
group
foster
care
1
plan
established
pursuant
to
section
232.143
.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
entering
a
consent
decree
in
juvenile
6
court.
7
The
bill
permits
the
juvenile
court
to
enter
a
consent
decree
8
that
places
a
child
in
a
group
or
family
foster
care
setting
if
9
the
court
determines
such
a
placement
is
the
least
restrictive
10
option.
11
The
bill
also
authorizes
the
department
of
human
services
to
12
pay
for
group
or
family
foster
care
costs
of
a
juvenile
placed
13
in
group
or
family
foster
care
pursuant
to
a
consent
decree.
14
The
bill
specifies
that
participation
of
a
child
in
15
inpatient
mental
health
or
substance
abuse
treatment
does
not
16
preclude
entry
or
continued
execution
of
a
consent
decree.
17
A
consent
decree
is
a
court
order
entered
after
the
filing
18
of
a
delinquency
petition
but
prior
to
adjudication
that
is
19
an
agreement
between
the
juvenile
court
and
the
allegedly
20
delinquent
child.
If
the
child
successfully
completes
the
21
terms
and
conditions
of
the
consent
decree,
the
original
22
delinquency
petition
cannot
be
reinstated
against
the
child.
23
However,
if
the
child
does
not
successfully
complete
the
terms
24
and
conditions
of
the
consent
decree,
the
state
can
move
25
forward
with
the
delinquency
petition
against
the
child.
26
The
bill
also
makes
numerous
changes
to
Code
section
27
232.46(1)
to
enhance
the
readability
of
subsection
1.
28
The
bill
is
in
response
to
State
v.
Iowa
Dist.
Court
for
29
Warren
County,
828
N.W.
607
(Iowa
2013).
30
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