Text: H03952 Text: H03954 Text: H03900 - H03999 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 232.88, Code 1995, is amended to 1 19 read as follows: 1 20 232.88 SUMMONS, NOTICE, SUBPOENAS AND SERVICES. 1 21 After a petition has been filed the court shall 1 22 issue and serve summons, notice, subpoenas, and other 1 23 process in the same manner as for adjudicatory 1 24 hearings in cases of juvenile delinquency as provided 1 25 in section 232.37. In addition to the parties 1 26 required to be provided notice under section 232.37, 1 27 notice for any hearing under this division shall be 1 28 provided to the agency, facility, institution, or 1 29 person, including a foster parent, with whom a child 1 30 has been placed for the purposes of foster care. 1 31 Sec. . Section 232.91, Code 1995, is amended to 1 32 read as follows: 1 33 232.91 PRESENCE OF PARENTS,ANDGUARDIAN AD LITEM, 1 34 AND FOSTER PARENTS AT HEARINGS. 1 35 1. Any hearings or proceedings under this division 1 36 subsequent to the filing of a petition shall not take 1 37 place without the presence of the child's parent, 1 38 guardian, custodian, or guardian ad litem in 1 39 accordance with and subject to section 232.38. A 1 40 parent without custody may petition the court to be 1 41 made a party to proceedings under this division. 1 42 2. The agency, facility, institution, or person, 1 43 including a foster parent, with whom a child has been 1 44 placed for the purposes of foster care may elect to be 1 45 included as a party with a direct interest in the case 1 46 in any hearing or proceeding under this division which 1 47 is held subsequent to the entry of a dispositional 1 48 order under section 232.102. 1 49 Sec. . Section 232.104, subsection 2, paragraph 1 50 b, Code 1995, is amended to read as follows: 2 1 b. Enter an order pursuant to section 232.102 to 2 2 continue placement of the child for an additional six 2 3 months at which time the court shall hold a hearing to 2 4 consider modification of its permanency order. An 2 5 order entered under this paragraph shall enumerate the 2 6 specific factors, conditions, or expected behavioral 2 7 changes which comprise the basis for the determination 2 8 that the need for removal of the child from the 2 9 child's home will no longer exist at the end of the 2 10 additional six-month period." 2 11 #2. Page 1, by inserting after line 33 the 2 12 following: 2 13 "Sec. . Section 232.189, Code 1995, is amended 2 14 to read as follows: 2 15 232.189 REASONABLE EFFORTS ADMINISTRATIVE 2 16 REQUIREMENTS. 2 17 Based upon a model reasonable efforts family court 2 18 initiative, the director of human services and the 2 19 chief justice of the supreme court or their designees 2 20 shall jointly establish and implement a statewide 2 21 protocol for reasonable efforts to prevent or 2 22 eliminate the need for placement of a child outside 2 23 the child's home. In addition, the director and the 2 24 chief justice shall design and implement a system for 2 25 judicial and departmental reasonable efforts education 2 26 for deployment throughout the state. The system for 2 27 reasonable efforts education shall be developed in a 2 28 manner which addresses the particular needs of rural 2 29 areas and shall include but is not limited to all of 2 30 the following topics: 2 31 1. Regular training concerning mental or emotional 2 32 disorders which may afflict children and the impact 2 33 children with such disorders have upon their families. 2 34 2. The duties of judicial and departmental 2 35 employees associated with placing a child removed from 2 36 the child's home into a permanent home and the urgency 2 37 of the placement for the child. 2 38 3. The essential elements, including writing 2 39 techniques, in developing effective permanency plans. 2 40 4. The essential elements of gathering evidence 2 41 sufficient for the evidentiary standards required for 2 42 judicial orders under this chapter. 2 43 Sec. . NEW SECTION. 234.7 DEPARTMENT DUTIES. 2 44 The department of human services shall comply with 2 45 all of the following requirements associated with 2 46 child foster care licensees under chapter 237: 2 47 1. The department shall not assign more than one 2 48 worker to any child who is receiving child welfare 2 49 services, as defined in section 235.1, in a foster 2 50 care placement. If the department purchases services 3 1 for the child from a private agency, the department's 3 2 responsibility for case management services in the 3 3 placement shall be delegated to the private agency. 3 4 2. The department shall include a child's foster 3 5 parent in and provide timely notice of planning and 3 6 review activities associated with the child, including 3 7 but not limited to permanency planning, a clinical 3 8 assessment and consultation team review or other 3 9 activity, and placement review meetings." 3 10 #3. Page 2, by inserting after line 13 the 3 11 following: 3 12 "Sec. . Section 237.15, subsection 1, Code 3 13 1995, is amended by adding the following new 3 14 paragraph: 3 15 NEW PARAGRAPH. j. A contract between the child's 3 16 parent, guardian, or custodian and the agency 3 17 responsible for creating the plan. The contract shall 3 18 specify the actions expected of the parent, guardian, 3 19 or custodian in order for the agency to recommend that 3 20 the court terminate a dispositional order for the 3 21 child's out-of-home placement and for the agency to 3 22 end its involvement with the child and the child's 3 23 family upon completion of the contract requirements. 3 24 Sec. . Section 273.2, subsection 1, Code 1995, 3 25 is amended to read as follows: 3 26 1. In-service training programs for employees of 3 27 school districts and area education agencies, provided 3 28 at the time programs and services are established they 3 29 do not duplicate programs and services available in 3 30 that area from the universities under the state board 3 31 of regents and from other universities and four-year 3 32 institutions of higher education in Iowa. The in- 3 33 service training programs shall include but are not 3 34 limited to regular training concerning mental or 3 35 emotional disorders which may afflict children and the 3 36 impact children with such disorders have upon their 3 37 families." 3 38 #4. Page 2, by inserting before line 14 the 3 39 following: 3 40 "Sec. . Section 598.41, subsections 1 and 2, 3 41 Code 1995, are amended to read as follows: 3 42 1. a. The court, insofar as is reasonable and in 3 43 the best interest of the child, shall order the 3 44 custody award, including liberal visitation rights 3 45 where appropriate, which will assure the child the 3 46 opportunity for the maximum continuing physical and 3 47 emotional contact with both parents after the parents 3 48 have separated or dissolved the marriage, and which 3 49 will encourage parents to share the rights and 3 50 responsibilities of raising the child unless direct 4 1 physical harm or significant emotional harm to the 4 2 child, other children, or a parent is likely to result 4 3 from such contact with one parent, and which will4 4encourage parents to share the rights and4 5responsibilities of raising the child. 4 6 b. Notwithstanding paragraph "a", if the court 4 7 finds credible evidence of a history of domestic 4 8 abuse, a rebuttable presumption against the awarding 4 9 of joint custody exists. 4 10 c. The court shall consider the denial by one 4 11 parent of the child's opportunity for maximum 4 12 continuing contact with the other parent, without just 4 13 cause, a significant factor in determining the proper 4 14 custody arrangement. Just cause may include a 4 15 determination by the court pursuant to subsection 3, 4 16 paragraph "j", that credible evidence of domestic 4 17 abuse exists between the parents. 4 18 d. If credible evidence of domestic abuse exists 4 19 as determined by a court pursuant to subsection 3, 4 20 paragraph "j", and if a parent who is a victim of such 4 21 domestic abuse relocates or is not present during the 4 22 determination of custody or visitation based upon the 4 23 fear of or actual acts or threats of domestic abuse 4 24 perpetrated by the other parent, the court shall not 4 25 consider the relocation or absence of that parent as a 4 26 factor against that parent in the awarding of custody 4 27 or visitation to the absent parent. 4 28 e. Unless otherwise ordered by the court in the 4 29 custody decree, both parents shall have legal access 4 30 to information concerning the child, including but not 4 31 limited to medical, educational and law enforcement 4 32 records. 4 33 2. a. On the application of either parent, the 4 34 court shall consider granting joint custody in cases 4 35 where the parents do not agree to joint custody. 4 36 b. If the court does not grant joint custody under 4 37 this subsection, the court shall cite clear and 4 38 convincing evidence, pursuant to the factors in 4 39 subsection 3, that joint custody is unreasonable and 4 40 not in the best interest of the child to the extent 4 41 that the legal custodial relationship between the 4 42 child and a parent should be severed. 4 43 c. A finding by the court of credible evidence of 4 44 domestic abuse, as specified in subsection 3, 4 45 paragraph "j", which is not rebutted, shall outweigh 4 46 consideration of any other factor specified in 4 47 subsection 3 in determination of the awarding of 4 48 custody under this subsection. 4 49 d. Before ruling upon the joint custody petition 4 50 in these cases, unless the court determines that 5 1 credible evidence exists of domestic abuse as 5 2 specified in subsection 3, paragraph "j", or unless 5 3 the court determines that direct physical harm or 5 4 significant emotional harm to the child, other 5 5 children, or a parent is likely to result, the court 5 6 may require the parties to participate in custody 5 7 mediation counseling to determine whether joint 5 8 custody is in the best interest of the child. The 5 9 court may require the child's participation in the 5 10 mediation counseling insofar as the court determines 5 11 the child's participation is advisable. 5 12 e. The costs of custody mediation counseling shall 5 13 be paid in full or in part by the parties and taxed as 5 14 court costs. 5 15 Sec. . Section 598.41, subsection 3, Code 1995, 5 16 is amended by adding the following new paragraph: 5 17 NEW PARAGRAPH. j. Whether credible evidence of 5 18 domestic abuse exists. In determining whether 5 19 credible evidence exists under this paragraph, the 5 20 court shall consider the history of a parent as a 5 21 perpetrator of domestic abuse, including the parent's 5 22 history of perpetration of acts intended to cause 5 23 pain, injury, or to place the victim in fear of 5 24 physical contact which will be painful, injurious, 5 25 insulting, or offensive coupled with the apparent 5 26 ability to execute the act. Evidence of the parent's 5 27 history may include, but is not limited to, 5 28 commencement of an action pursuant to section 236.3, 5 29 the issuance of a protective order against the parent 5 30 or the issuance of a court order or consent agreement 5 31 pursuant to section 236.5, the issuance of an 5 32 emergency order pursuant to section 236.6, the holding 5 33 of a parent in contempt pursuant to section 236.8, the 5 34 response of a peace officer to the scene of alleged 5 35 domestic abuse or the arrest of a parent following 5 36 response to a report of alleged domestic abuse, or a 5 37 conviction for domestic abuse assault pursuant to 5 38 section 708.2A." 5 39 #5. Page 2, by inserting after line 31 the 5 40 following: 5 41 "Sec. . Section 600B.40, Code 1995, is amended 5 42 by adding the following new unnumbered paragraph: 5 43 NEW UNNUMBERED PARAGRAPH. In determining the 5 44 visitation or custody arrangements of a child born out 5 45 of wedlock, if a judgment of paternity is entered and 5 46 the mother of the child has not been awarded sole 5 47 custody, section 598.41 shall apply to the 5 48 determination, as applicable, and the court shall 5 49 consider the factors specified in section 598.41, 5 50 subsection 3, including but not limited to the factor 6 1 related to a parent's history of domestic abuse. 6 2 Sec. . Section 602.1203, Code 1995, is amended 6 3 to read as follows: 6 4 602.1203 PERSONNEL CONFERENCES. 6 5 The chief justice may order conferences of judicial 6 6 officers or court employees on matters relating to the 6 7 administration of justice or the affairs of the 6 8 department. For judges and other court employees who 6 9 handle cases involving children and family law, the 6 10 chief justice shall require regular training 6 11 concerning mental or emotional disorders which may 6 12 afflict children and the impact children with such 6 13 disorders have upon their families." 6 14 #6. Title page, line 1, by inserting after the 6 15 word "to" the following: "children, including". 6 16 #7. Title page, line 3, by inserting after the 6 17 word "information" the following: ", case permanency 6 18 plans for children in out-of-home placements, state 6 19 foster care requests, and custody and visitation 6 20 determinations". 6 21 6 22 6 23 6 24 JOCHUM of Dubuque 6 25 6 26 6 27 6 28 BURNETT of Story 6 29 SF 150.207 76 6 30 jp/jj
Text: H03952 Text: H03954 Text: H03900 - H03999 Text: H Index Bills and Amendments: General Index Bill History: General Index
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