Text: H03501 Text: H03503 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 150 as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Section 1. Section 232.2, subsection 4, Code 1 6 1995, is amended by adding the following new 1 7 paragraph: 1 8 NEW PARAGRAPH. g. A contract between the child's 1 9 parent, guardian, or custodian and the department or 1 10 agency involved with developing the plan. The 1 11 contract shall specify the actions expected of the 1 12 parent, guardian, or custodian in order for the 1 13 department or agency to recommend that the court 1 14 terminate a dispositional order for the child's out- 1 15 of-home placement and for the department or agency to 1 16 end its involvement with the child and the child's 1 17 family upon completion of the contract requirements. 1 18 Sec. . Section 232.91, Code 1995, is amended to 1 19 read as follows: 1 20 232.91 PRESENCE OF PARENTS,ANDGUARDIAN AD LITEM, 1 21 AND FOSTER PARENTS AT HEARINGS. 1 22 1. Any hearings or proceedings under this division 1 23 subsequent to the filing of a petition shall not take 1 24 place without the presence of the child's parent, 1 25 guardian, custodian, or guardian ad litem in 1 26 accordance with and subject to section 232.38. A 1 27 parent without custody may petition the court to be 1 28 made a party to proceedings under this division. 1 29 2. Any hearing or proceeding under this division 1 30 subsequent to a dispositional order under section 1 31 232.102 shall also include as a party with a direct 1 32 interest in the case, the agency, facility, 1 33 institution, or person, including a foster parent, 1 34 with whom a child has been placed for the purposes of 1 35 foster care. 1 36 Sec. . Section 232.104, subsection 2, paragraph 1 37 b, Code 1995, is amended to read as follows: 1 38 b. Enter an order pursuant to section 232.102 to 1 39 continue placement of the child for an additional six 1 40 months at which time the court shall hold a hearing to 1 41 consider modification of its permanency order. An 1 42 order entered under this paragraph shall enumerate the 1 43 specific factors, conditions, or expected behavioral 1 44 changes which comprise the basis for the determination 1 45 that the need for removal of the child from the 1 46 child's home will no longer exist at the end of the 1 47 additional six-month period." 1 48 #2. Page 1, by inserting after line 33 the 1 49 following: 1 50 "Sec. . Section 232.189, Code 1995, is amended 2 1 to read as follows: 2 2 232.189 REASONABLE EFFORTS ADMINISTRATIVE 2 3 REQUIREMENTS. 2 4 Based upon a model reasonable efforts family court 2 5 initiative, the director of human services and the 2 6 chief justice of the supreme court or their designees 2 7 shall jointly establish and implement a statewide 2 8 protocol for reasonable efforts to prevent or 2 9 eliminate the need for placement of a child outside 2 10 the child's home. In addition, the director and the 2 11 chief justice shall design and implement a system for 2 12 judicial and departmental reasonable efforts education 2 13 for deployment throughout the state. The system for 2 14 reasonable efforts education shall be developed in a 2 15 manner which addresses the particular needs of rural 2 16 areas and shall include but is not limited to all of 2 17 the following topics: 2 18 1. Regular training concerning mental or emotional 2 19 disorders which may afflict children and the impact 2 20 children with such disorders have upon their families. 2 21 2. The duties of judicial and departmental 2 22 employees associated with placing a child removed from 2 23 the child's home into a permanent home and the urgency 2 24 of the placement for the child. 2 25 3. The essential elements, including writing 2 26 techniques, in developing effective permanency plans. 2 27 4. The essential elements of gathering evidence 2 28 sufficient for the evidentiary standards required for 2 29 judicial orders under this chapter. 2 30 Sec. . NEW SECTION. 234.7 DEPARTMENT DUTIES. 2 31 The department of human services shall comply with 2 32 all of the following requirements associated with 2 33 child foster care licensees under chapter 237A: 2 34 1. The department shall not assign more than one 2 35 worker to any child who is receiving child welfare 2 36 services, as defined in section 235.1, in a foster 2 37 care placement. If the department purchases services 2 38 for the child from a private agency, the department's 2 39 responsibility for case management services in the 2 40 placement shall be delegated to the private agency. 2 41 2. The department shall include a child's foster 2 42 parent in and provide timely notice of planning and 2 43 review activities associated with the child, including 2 44 but not limited to permanency planning, a clinical 2 45 assessment and consultation team review or other 2 46 activity, and placement review meetings. 2 47 Sec. . Section 234.38, Code 1995, is amended to 2 48 read as follows: 2 49 234.38 FOSTER CARE REIMBURSEMENT RATES. 2 50 1. The department of human services shall make 3 1 reimbursement payments directly to foster parents for 3 2 services provided to children pursuant to section 3 3 234.6, subsection 6, paragraph "b", or section 234.35. 3 4 In any fiscal year, the reimbursement rate shall be 3 5 based uponsixty-fiveat least seventy percent of the 3 6 United States department of agriculture estimate of 3 7 the cost to raise a child in the calendar year 3 8 immediately preceding the fiscal year. The department 3 9 may pay an additional stipend for a child with special 3 10 needs." 3 11 #3. Page 2, by inserting after line 13 the 3 12 following: 3 13 "Sec. . Section 237.15, subsection 1, Code 3 14 1995, is amended by adding the following new 3 15 paragraph: 3 16 NEW PARAGRAPH. j. A contract between the child's 3 17 parent, guardian, or custodian and the agency 3 18 responsible for creating the plan. The contract shall 3 19 specify the actions expected of the parent, guardian, 3 20 or custodian in order for the agency to recommend that 3 21 the court terminate a dispositional order for the 3 22 child's out-of-home placement and for the agency to 3 23 end its involvement with the child and the child's 3 24 family upon completion of the contract requirements. 3 25 Sec. . Section 273.2, subsection 1, Code 1995, 3 26 is amended to read as follows: 3 27 1. In-service training programs for employees of 3 28 school districts and area education agencies, provided 3 29 at the time programs and services are established they 3 30 do not duplicate programs and services available in 3 31 that area from the universities under the state board 3 32 of regents and from other universities and four-year 3 33 institutions of higher education in Iowa. The in- 3 34 service training programs shall include but are not 3 35 limited to regular training concerning mental or 3 36 emotional disorders which may afflict children and the 3 37 impact children with such disorders have upon their 3 38 families. 3 39 Sec. . Section 598.41, subsections 1 and 2, 3 40 Code 1995, are amended to read as follows: 3 41 1. The court, insofar as is reasonable and in the 3 42 best interest of the child, shall order the custody 3 43 award, including liberal visitation rights where 3 44 appropriate, which will assure the child the 3 45 opportunity for the maximum continuing physical and 3 46 emotional contact with both parents after the parents 3 47 have separated or dissolved the marriage, unless 3 48 direct physical harm or significant emotional harm to 3 49 the child, other children, or a parent is likely to 3 50 result from such contact with one parent, and which 4 1 will encourage parents to share the rights and 4 2 responsibilities of raising the child. The court 4 3 shall consider the denial by one parent of the child's 4 4 opportunity for maximum continuing contact with the 4 5 other parent, without just cause, a significant factor 4 6 in determining the proper custody arrangement. Just 4 7 cause may include a determination by the court 4 8 pursuant to subsection 3, paragraph "i", that a parent 4 9 has a history of perpetration of domestic abuse that 4 10 will jeopardize the safety of or will result in direct 4 11 physical harm or significant emotional harm to the 4 12 child, other children, or the other parent. 4 13 Additionally, if a parent who is a victim of domestic 4 14 abuse as determined by the court pursuant to 4 15 subsection 3, paragraph "i", relocates or is not 4 16 present during the determination of custody or 4 17 visitation based upon the fear of or actual acts or 4 18 threats of domestic abuse perpetrated by the other 4 19 parent, the court shall not consider the relocation or 4 20 absence of that parent as a factor against that parent 4 21 in the awarding of custody or visitation to the absent 4 22 parent. Unless otherwise ordered by the court in the 4 23 custody decree, both parents shall have legal access 4 24 to information concerning the child, including but not 4 25 limited to medical, educational and law enforcement 4 26 records. 4 27 2. On the application of either parent, the court 4 28 shall consider granting joint custody in cases where 4 29 the parents do not agree to joint custody. If the 4 30 court does not grant joint custody under this 4 31 subsection, the court shall cite clear and convincing 4 32 evidence, pursuant to the factors in subsection 3, 4 33 that joint custody is unreasonable and not in the best 4 34 interest of the child to the extent that the legal 4 35 custodial relationship between the child and a parent 4 36 should be severed. Before ruling upon the joint 4 37 custody petition in these cases, unless the court 4 38 finds a history of domestic abuse exists which is 4 39 likely to result in direct physical harm or 4 40 significant emotional harm to the child, other 4 41 children, or a parent, the court may require the 4 42 parties to participate in custody mediation counseling 4 43 to determine whether joint custody is in the best 4 44 interest of the child. The court may require the 4 45 child's participation in the mediation counseling 4 46 insofar as the court determines the child's 4 47 participation is advisable. 4 48 The costs of custody mediation counseling shall be 4 49 paid in full or in part by the parties and taxed as 4 50 court costs. 5 1 Sec. . Section 598.41, subsection 3, paragraph 5 2 i, Code 1995, is amended to read as follows: 5 3 i. Whether the safety of the child, other 5 4 children, or the other parent will be jeopardized or 5 5 whether direct physical harm or significant emotional 5 6 harm to the child, other children, or other parent 5 7 will result by the awarding of joint custody or by 5 8 unsupervised or unrestricted visitation. In 5 9 considering this factor, the court shall consider the 5 10 history of a parent as a perpetrator of domestic 5 11 abuse, including the parent's history of perpetration 5 12 of acts intended to cause pain, injury, or to place 5 13 the victim in fear of physical contact which will be 5 14 painful, injurious, insulting, or offensive coupled 5 15 with the apparent ability to execute the act. 5 16 Evidence of the parent's history may include 5 17 commencement of an action pursuant to section 236.3, 5 18 the issuance of a protective order against the parent 5 19 or the issuance of a court order or consent agreement 5 20 pursuant to section 236.5, the issuance of an 5 21 emergency order pursuant to section 236.6, the holding 5 22 of a parent in contempt pursuant to section 236.8, the 5 23 response of a peace officer to the scene of alleged 5 24 domestic abuse or the arrest of a parent following 5 25 response to a report of alleged domestic abuse, or a 5 26 conviction for domestic abuse assault pursuant to 5 27 section 708.2A." 5 28 #4. Page 2, by inserting after line 31 the 5 29 following: 5 30 "Sec. . Section 600B.40, Code 1995, is amended 5 31 by adding the following new unnumbered paragraph: 5 32 NEW UNNUMBERED PARAGRAPH. In determining the 5 33 visitation or custody arrangements of a child born out 5 34 of wedlock, if a judgment of paternity is entered and 5 35 the mother of the child has not been awarded sole 5 36 custody, section 598.41 shall apply to the 5 37 determination, as applicable, and the court shall 5 38 consider the factors specified in section 598.41, 5 39 subsection 3, including but not limited to the factor 5 40 related to a parent's history of domestic abuse. 5 41 Sec. . Section 602.1203, Code 1995, is amended 5 42 to read as follows: 5 43 602.1203 PERSONNEL CONFERENCES. 5 44 The chief justice may order conferences of judicial 5 45 officers or court employees on matters relating to the 5 46 administration of justice or the affairs of the 5 47 department. For judges and other court employees who 5 48 handle cases involving children and family law, the 5 49 chief justice shall require regular training 5 50 concerning mental or emotional disorders which may 6 1 afflict children and the impact children with such 6 2 disorders have upon their families." 6 3 #5. Title page, line 1, by inserting after the 6 4 word "to" the following: "children, including". 6 5 #6. Title page, line 3, by inserting after the 6 6 word "information" the following: ", case permanency 6 7 plans for children in out-of-home placements, state 6 8 foster care requests, and custody and visitation 6 9 determinations". 6 10 6 11 6 12 6 13 JOCHUM of Dubuque 6 14 6 15 6 16 6 17 BURNETT of Story 6 18 SF 150.501 76 6 19 jp/jw
Text: H03501 Text: H03503 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/03500/H03502/950327.html
jhf