Text: HF00260 Text: HF00262 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.82, Code 1995, is amended to read 1 2 as follows: 1 3 232.82 REMOVAL OFSEXUAL OFFENDERS AND PHYSICALCHILD 1 4 ABUSERS FROM THE RESIDENCE PURSUANT TO COURT ORDER. 1 5 1. Notwithstanding section 561.15, if it is alleged by a 1 6 person authorized to file a petition under section 232.87, 1 7 subsection 2, or by the court on its own motion, that a 1 8 parent, guardian, custodian, or an adult member of the 1 9 household in which a child resides has committeda sexual1 10offense with or against the child, pursuant to chapter 709 or1 11section 726.2, or a physical abuse as defined by section1 12232.2, subsection 42child abuse as defined in section 232.68, 1 13 subsection 2, the juvenile court may enter an ex parte order 1 14 requiring the allegedsexual offender or physicalchild abuser 1 15 to vacate the child's residence upon a showing that probable 1 16 cause exists to believe that thesexual offense or physical1 17 child abuse has occurred and that substantial evidence exists 1 18 to believe that the presence of the allegedsexual offender or1 19physicalchild abuser in the child's residence presents a 1 20 danger to the child's life or physical, emotional, or mental 1 21 health. 1 22 2. If an order is entered under subsection 1 and a 1 23 petition has not yet been filed under this chapter, the 1 24 petition shall be filed under section 232.87 by the county 1 25 attorney, the department of human services, or a juvenile 1 26 court officer within three days of the entering of the order. 1 27 3. The juvenile court may order on its own motion, or 1 28 shall order upon the request of the allegedsexual offender or1 29physicalchild abuser, a hearing to determine whether the 1 30 order to vacate the residence should be upheld, modified, or 1 31 vacated. The juvenile court may in any later child in need of 1 32 assistance proceeding uphold, modify, or vacate the order to 1 33 vacate the residence. 1 34 Sec. 2. Section 232.103, Code 1995, is amended by adding 1 35 the following new subsection: 2 1 NEW SUBSECTION. 8. The court may terminate an order and 2 2 place custody of the child with a parent, guardian, or 2 3 custodian and issue a temporary or permanent injunction 2 4 prohibiting contact between the child and a person who 2 5 committed child abuse or neglect upon the child and who has 2 6 been offered or received services to correct the circumstance 2 7 which led to the adjudication and the circumstance continues 2 8 to exist despite the offer or receipt of services. A 2 9 temporary injunction shall be reviewed annually. 2 10 Sec. 3. Section 232.104, subsection 1, unnumbered 2 11 paragraph 1, Code 1995, is amended to read as follows: 2 12 Ifa child has been placed in foster carecustody of a 2 13 child has been transferred for purposes of placement pursuant 2 14 to section 232.102 for a period of twelve months, or if the 2 15 prior legal custodian of a child has abandoned efforts to 2 16 regain custody of the child, the court shall, on its own 2 17 motion, or upon application by any interested party, including 2 18 the child's foster parent if the child has been placed with 2 19 the foster parent for at least twelve months, hold a hearing 2 20 to consider the issue of the establishment of permanency for 2 21 the child. 2 22 Sec. 4. Section 232.104, subsection 2, paragraph d, 2 23 subparagraph (1), Code 1995, is amended to read as follows: 2 24 (1) Transfer guardianship and custody of the child to a 2 25 suitable person. A guardianship established under this 2 26 subparagraph shall be governed by sections 633.168 and 2 27 633.174. 2 28 Sec. 5. Section 232.104, subsection 2, paragraph d, 2 29 subparagraph (2), Code 1995, is amended to read as follows: 2 30 (2) Transfer sole custody of the child from one parent to 2 31 another parent. Notwithstanding section 598.2, the court, 2 32 when entering an order pursuant to this subparagraph, may 2 33 modify an order establishing joint custody or joint physical 2 34 care. If the court transfers custody under this subparagraph, 2 35 it may order either parent or both parents to pay an amount 3 1 reasonable and necessary to support the child in accordance 3 2 with section 598.21. 3 3 Sec. 6. Section 232.104, subsection 4, Code 1995, is 3 4 amended to read as follows: 3 5 4. Any permanency order may provide restrictions upon the 3 6 contact between the child and the child's parent or parents, 3 7 consistent with the best interest of the child. The court may 3 8 temporarily or permanently prohibit contact between the child 3 9 and a person who has committed child abuse or neglect upon the 3 10 child and who has been offered or received services to correct 3 11 the circumstance which led to the abuse or neglect and the 3 12 circumstance continues to exist despite the offer or receipt 3 13 of services. A temporary injunction shall be reviewed 3 14 annually. 3 15 Sec. 7. Section 232.104, subsection 6, Code 1995, is 3 16 amended to read as follows: 3 17 6. Following the entry of a permanency order which places 3 18 a child in the custody or guardianship of another person or 3 19 agency, the court shall retain jurisdiction and annually 3 20 review the order to ascertain whether the best interest of the 3 21 child is being served. When such order places the child in 3 22 the custody of the department for the purpose of long-term 3 23 foster care placement in a facility, the review shall be in a 3 24 hearing that shall not be waived or continued beyond twelve 3 25 months after the permanency hearing or the last review 3 26 hearing. When such order places the child in the custody of 3 27 the department for the purpose of long-term placement in 3 28 family foster care, the review shall be in a hearing that 3 29 shall not be waived or continued beyond twelve months after 3 30 the permanency hearing or the last review hearing. Any 3 31 modification shall be accomplished through a hearing procedure 3 32 following reasonable notice. During the hearing, all relevant 3 33 and material evidence shall be admitted and procedural due 3 34 process shall be provided to all parties. 3 35 EXPLANATION 4 1 This bill provides the juvenile court with the authority to 4 2 remove a person who commits child abuse or neglect from the 4 3 home to protect the child who was abused. The bill amends 4 4 section 232.82 to substitute "child abuse", as defined in 4 5 section 232.68, for "sexual abuse" or "physical abuse". Both 4 6 those acts are contained in the definition of child abuse. 4 7 The bill also provides that the juvenile court may enter a 4 8 protective order which prohibits contact between a child and a 4 9 person who committed child abuse or neglect against the child 4 10 and terminate the court's continuing jurisdiction in the case. 4 11 In addition, the bill provides that the juvenile court may 4 12 establish a permanent placement for a juvenile who has been 4 13 adjudicated a child in need of assistance in cases where the 4 14 juvenile has been in an out-of-home placement for more than 12 4 15 months and attempts at reunification of the juvenile and the 4 16 juvenile's family have failed. Further, the bill provides 4 17 that the judicial review of placement in family foster care 4 18 shall not take place later than 12 months after placement and 4 19 provides that the court may restrict or prohibit contact 4 20 between a juvenile and a person who committed child abuse upon 4 21 the juvenile. The bill also provides that the juvenile court 4 22 may modify an order establishing joint, or joint physical, 4 23 custody when transferring custody of a juvenile between 4 24 parents and may require either or both parents to pay child 4 25 support. Finally, the bill provides the juvenile court the 4 26 authority to establish a guardianship for a juvenile and 4 27 subjects the guardian to the oath and bond requirements of 4 28 fiduciaries and guardians in the probate code. 4 29 LSB 1876HH 76 4 30 mk/sc/14
Text: HF00260 Text: HF00262 Text: HF00200 - HF00299 Text: HF 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: Mon Mar 4 09:34:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/00200/HF00261/950306.html
jhf