Text: HF00376 Text: HF00378 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 299.5A, unnumbered paragraphs 1 and 5, 1 2 Code 1995, are amended to read as follows: 1 3 If a child is truant as defined in section 299.8, school 1 4 officers shall make a good faith effort to notify the child's 1 5 parent, guardian, or legal or actual custodian of the truancy, 1 6 including but not limited to sending a letter by certified 1 7 mail, a copy of which the school shall keep on file, to the 1 8 parent, guardian, or legal or actual custodian. School 1 9 officers shall also attempt to find the cause for the child's 1 10 absence and use every means available to the school to assure 1 11 that the child does attend. If the parent, guardian, or legal 1 12 or actual custodian, or child refuses to accept the school's 1 13 attempt to assure the child's attendance or the school's 1 14 attempt to assure the child's attendance is otherwise 1 15 unsuccessful, the truancy officer shall refer the matter to 1 16 the county attorney for mediation or prosecution, and shall 1 17 contact the department of human services to request 1 18 information indicating whether the child has a parent, 1 19 guardian, or legal or actual custodian who is participating in 1 20 the family investment program under chapter 239. 1 21 The mediator may refer a truant to the juvenile court if 1 22 mediation breaks down without an agreement being reached. If 1 23 mediation does not result in the child's school attendance, 1 24 and the school has determined that the child's parent, 1 25 guardian, or legal or actual custodian is participating in the 1 26 family investment program under chapter 239, school officials 1 27 shall notify the department of human services, which shall 1 28 institute any appropriate action. 1 29 Sec. 2. Section 299.6, unnumbered paragraph 1, Code 1995, 1 30 is amended to read as follows: 1 31AnyA person who violates a mediation agreement under 1 32 section 299.5A, who is referred for prosecution under section 1 33 299.5A and is convicted of a violation of any of the 1 34 provisions of sections 299.1 through 299.5, who violates any 1 35 of the provisions of sections 299.1 through 299.5, or who 2 1 refuses to participate in mediation under section 299.5A, for 2 2 a first offense, is guilty of a simple misdemeanor. A person 2 3 who violates a provision of section 299.17, for a first 2 4 offense, is guilty of a simple misdemeanor. 2 5 Sec. 3. NEW SECTION. 299.17 AID, SUPPORT, OR SHELTER OF 2 6 TRUANT PROHIBITED. 2 7 A person other than a child's parent, guardian, or legal or 2 8 actual custodian shall not knowingly provide aid, support, or 2 9 shelter during the school day to a child who is truant as 2 10 defined in section 299.8. 2 11 Sec. 4. Section 710.8, subsection 2, Code 1995, is amended 2 12 to read as follows: 2 13 2. A person shall not harbor a runaway child with the in- 2 14 tent of committing a criminal act involving the child or with 2 15 the intent of enticing or forcing the runaway child to commit 2 16 a criminal act. A person convicted of a violation of this 2 17 subsection is guilty of an aggravated misdemeanor. 2 18 Sec. 5. Section 710.8, subsection 3, Code 1995, is amended 2 19 by striking the subsection and inserting in lieu thereof the 2 20 following: 2 21 3. A person other than a child's parent, guardian, or 2 22 legal or actual custodian shall not harbor a runaway child. A 2 23 person convicted of a violation of this subsection is guilty 2 24 of a simple misdemeanor. 2 25 Sec. 6. WELFARE REFORM WAIVER MODIFICATION. 2 26 1. The department of human services shall submit a waiver 2 27 or waiver modification request to the United States department 2 28 of health and human services as necessary to implement the 2 29 school attendance provisions of this section for a recipient 2 30 under the family investment program. Under the provision, the 2 31 superintendent of a school district, authorities in charge of 2 32 a nonpublic school, or a school truancy officer may request 2 33 and receive information from the department of human services 2 34 indicating whether a child who may be truant as defined in 2 35 section 299.8 has a parent, guardian, or legal or actual 3 1 custodian who is participating in the family investment 3 2 program. If referral of the truancy matter to the county 3 3 attorney pursuant to section 299.5A does not assure the 3 4 child's attendance, the superintendent, authorities, or school 3 5 truancy officer may notify the department of the truancy 3 6 matter and the department may apply a sanction to the parent. 3 7 The sanction shall be equivalent to a jobs opportunity and 3 8 basic skills program sanction for a recipient who does not 3 9 comply with jobs opportunity and basic skills program 3 10 requirements under chapter 249C. 3 11 2. The department shall implement the school attendance 3 12 requirement of this section on the first day of the month 3 13 following federal approval of the provisions of this Act, or 3 14 on July 1, 1995, whichever date is later. 3 15 3. If the federal government grants a waiver under this 3 16 section, the department shall prepare an amendment for 3 17 consideration by the next general assembly to provide for 3 18 statutory reference to the provisions of this section. 3 19 Sec. 7. EMERGENCY RULES. The department of human services 3 20 may adopt emergency rules under section 17A.4, subsection 2, 3 21 and section 17A.5, subsection 2, paragraph "b", to implement 3 22 the provisions of this Act and the rules shall be effective 3 23 immediately upon filing unless a later date is specified in 3 24 the rules, and the rules shall be in effect for a period of 3 25 180 days following the date the rules take effect. Any rules 3 26 adopted in accordance with this section shall also be 3 27 published as a notice of intended action as provided in 3 28 section 17A.4. 3 29 Sec. 8. CONDITIONAL EFFECTIVE DATE. Section 1 of this Act 3 30 shall not take effect unless an appropriation is made which 3 31 complies with section 25B.2, subsection 3. 3 32 Sec. 9. EFFECTIVE DATE. Sections 6 and 7 of this Act, 3 33 being deemed of immediate importance, take effect upon 3 34 enactment. 3 35 EXPLANATION 4 1 The bill contains provisions related to tying truancy to 4 2 the aid a child's parent or guardian receives under the family 4 3 investment program, and provides penalties for providing aid, 4 4 support, or shelter to runaway or truant children. 4 5 Under the bill, if a child is determined to be truant, 4 6 school officers shall make a good faith effort to notify the 4 7 child's parent, guardian, or legal or actual custodian of the 4 8 truancy. Notification shall include sending a certified 4 9 letter, a copy of which the school shall keep on file. School 4 10 officers may request and receive information from the 4 11 department of human services indicating whether a child who 4 12 may be truant has a parent, guardian, or legal or actual 4 13 custodian participating in the family investment program. If 4 14 referral to the county attorney for mediation does not result 4 15 in the child's school attendance, school officials may notify 4 16 the department of human services of the truancy and if the 4 17 federal government has granted the department a waiver, the 4 18 department may reduce the recipient's aid under the family 4 19 investment program in an amount equivalent to a jobs 4 20 opportunity and basic skills (JOBS) program sanction. The 4 21 department of human services is permitted to adopt emergency 4 22 rules to implement certain provisions in the bill. 4 23 A person other than the child's parent, guardian, or legal 4 24 or actual custodian shall not knowingly provide aid, support, 4 25 or shelter during the school day to a child who is truant. A 4 26 person who violates this provision is guilty of a simple 4 27 misdemeanor for the first offense and punishments and fines 4 28 are provided for in the bill. 4 29 The bill also prohibits a person from harboring a runaway 4 30 and establishes that a person convicted of harboring a runaway 4 31 is guilty of a simple misdemeanor. The Code defines a runaway 4 32 child as a person under 18 years of age who is voluntarily 4 33 absent from the person's home without the consent of the 4 34 parent, guardian, or custodian. 4 35 The bill requires the department of human services to 5 1 submit a waiver request to the United States department of 5 2 health and human services to implement school attendance 5 3 provisions of the bill. 5 4 The bill may create a state mandate under chapter 25B. The 5 5 provision requiring a school to notify a parent of a truancy 5 6 by letter and contact the department of human services shall 5 7 not take effect unless the general assembly appropriates an 5 8 amount sufficient under section 25B.2, subsection 3, to fully 5 9 fund the cost of the bill or fund the state's proportionate 5 10 share of the cost. 5 11 Sections of the bill involving the welfare reform waiver 5 12 modification and emergency rules adopted by the department of 5 13 human services take effect upon enactment. 5 14 LSB 2397HH 76 5 15 kh/jw/5
Text: HF00376 Text: HF00378 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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