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House Amendment 3953

Amendment Text

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, AND GUARDIAN 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 will
  4  4 encourage parents to share the rights and
  4  5 responsibilities 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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