Text: HF00534 Text: HF00536 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.2, subsection 12, Code 1995, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. c. The violation of the statutory 1 4 compulsory attendance age requirement or the attendance policy 1 5 of a public or an accredited nonpublic school by a child who 1 6 has reached the age of twelve and is under the age of sixteen 1 7 and who has run away from home to avoid attending school or is 1 8 refusing to attend school, or who has been deemed truant under 1 9 section 299.8 six or more school days in one semester, where 1 10 the child's parent, guardian, or legal or actual custodian and 1 11 the school in which the child is enrolled have made every 1 12 reasonable effort to cause the child to attend school. This 1 13 provision shall not apply to a child attending a nonaccredited 1 14 nonpublic school or receiving competent private instruction. 1 15 Sec. 2. NEW SECTION. 232.52B DISPOSITION OF DELINQUENT 1 16 TRUANTS. 1 17 Notwithstanding section 232.52, if the evidence received at 1 18 an adjudicatory or dispositional hearing indicates that the 1 19 child is a delinquent truant as provided under section 232.2, 1 20 subsection 12, paragraph "c", the court shall order the child 1 21 to perform unpaid community service at a nonprofit 1 22 organization exempt from federal income taxation under section 1 23 501(c)(3) of the Internal Revenue Code. If the child fails to 1 24 perform the unpaid community service as ordered under this 1 25 section, the court may modify the order to include any of the 1 26 dispositional alternatives in section 232.52, with the 1 27 exception of secure custody. 1 28 Sec. 3. Section 299.5A, unnumbered paragraphs 1, 4, and 5, 1 29 Code 1995, are amended to read as follows: 1 30 If a child is truant as defined in section 299.8, school 1 31 officers shall make a good faith effort to notify the child's 1 32 parent, guardian, or legal or actual custodian of the truancy, 1 33 including but not limited to sending a letter by certified 1 34 mail, a copy of which the school shall keep on file, to the 1 35 parent, guardian, or legal or actual custodian. School 2 1 officers shall also attempt to find the cause for the child's 2 2 absence and use every means available to the school to assure 2 3 that the child does attend. If the parent, guardian, or legal 2 4 or actual custodian, or child refuses to accept the school's 2 5 attempt to assure the child's attendance or the school's 2 6 attempt to assure the child's attendance is otherwise 2 7 unsuccessful, the truancy officer shall refer the matter to 2 8 the county attorney for mediationor, prosecution, or the 2 9 filing of a petition under section 299.6A. If the child is 2 10 under the age of twelve, the county attorney shall also 2 11 contact the department of human services to request 2 12 information indicating whether the child has a parent, 2 13 guardian, or legal or actual custodian who is participating in 2 14 the family investment program under chapter 239. 2 15 The school district shall be responsible for monitoring any 2 16 agreements arrived at through mediation. If a parent, 2 17 guardian, or legal or actual custodian refuses to engage in 2 18 mediation or violates a term of the agreement, the matter 2 19 shall be rereferred to the county attorney for prosecution 2 20 under section 299.6 or the filing of a petition under section 2 21 299.6A. The county attorney's office or the mediation service 2 22 shall require the parent, guardian, or legal or actual 2 23 custodian and the school to pay a fee to help defray the 2 24 administrative cost of mediation services. The county 2 25 attorney's office or the mediation service shall establish a 2 26 sliding scale of fees to be charged parents, guardians, and 2 27 legal or actual custodians based upon ability to pay. A 2 28 parent, guardian, or legal or actual custodian shall not be 2 29 denied the services of a mediator solely because of inability 2 30 to pay the fee. 2 31 The mediator may refer a truant to the juvenile court if 2 32 mediation breaks down without an agreement being reached. If 2 33 the child is under the age of twelve and mediation does not 2 34 result in the child's school attendance, and the school has 2 35 determined that the child's parent, guardian, or legal or 3 1 actual custodian is participating in the family investment 3 2 program under chapter 239, school officials shall notify the 3 3 department of human services, which shall institute any 3 4 appropriate action. 3 5 Sec. 4. Section 299.6, unnumbered paragraph 1, Code 1995, 3 6 is amended to read as follows: 3 7AnyA person who violates a mediation agreement under 3 8 section 299.5A, who is referred for prosecution under section 3 9 299.5A and is convicted of a violation of any of the 3 10 provisions of sections 299.1 through 299.5, who violates any 3 11 of the provisions of sections 299.1 through 299.5, or who 3 12 refuses to participate in mediation under section 299.5A, for 3 13 a first offense, is guilty of a simple misdemeanor. A person 3 14 who violates a provision of section 299.17, for a first 3 15 offense, is guilty of a simple misdemeanor. 3 16 Sec. 5. NEW SECTION. 299.6A CIVIL PENALTY &endash; 3 17 DISTRIBUTION OF FUNDS. 3 18 1. In lieu of proceeding under section 299.6, a county 3 19 attorney may bring a civil action against a parent, guardian, 3 20 or legal or actual custodian of a child who is of compulsory 3 21 attendance age, if the child is under the age of twelve and is 3 22 truant, if the parent, guardian, or legal or actual custodian 3 23 has failed to cause the child to attend a public school, an 3 24 accredited nonpublic school, or competent private instruction 3 25 in the manner provided in this chapter. If the court finds 3 26 that the parent, guardian, or legal or actual custodian has 3 27 failed to cause the child to attend as required in this 3 28 section, the court shall assess a civil penalty of not less 3 29 than one hundred but not more than one thousand dollars, for 3 30 each violation established. 3 31 2. Funds received from civil penalties assessed pursuant 3 32 to this section shall be paid to the office of the county 3 33 attorney that brought the action. 3 34 Sec. 6. NEW SECTION. 299.17 AID, SUPPORT, OR SHELTER OF 3 35 TRUANT PROHIBITED. 4 1 A person other than a child's parent, guardian, legal or 4 2 actual custodian shall not knowingly provide aid, support, or 4 3 shelter during the school day to a child who is truant as 4 4 defined in section 299.8. 4 5 Sec. 7. Section 710.8, subsection 2, Code 1995, is amended 4 6 to read as follows: 4 7 2. A person shall not harbor a runaway child with the in- 4 8 tent of committing a criminal act involving the child or with 4 9 the intent of enticing or forcing the runaway child to commit 4 10 a criminal act. A person convicted of a violation of this 4 11 subsection is guilty of an aggravated misdemeanor. 4 12 Sec. 8. Section 710.8, subsection 3, Code 1995, is amended 4 13 by striking the subsection and inserting in lieu thereof the 4 14 following: 4 15 3. A person other than a child's parent, guardian, legal 4 16 or actual custodian shall not harbor a runaway child. A 4 17 person convicted of a violation of this subsection is guilty 4 18 of a simple misdemeanor. 4 19 Sec. 9. WELFARE REFORM WAIVER MODIFICATION. 4 20 1. The department of human services shall submit a waiver 4 21 or waiver modification request to the United States department 4 22 of health and human services as necessary to implement the 4 23 school attendance provisions of this section for a recipient 4 24 under the family investment program. Under the provision, the 4 25 superintendent of a school district, authorities in charge of 4 26 a nonpublic school, or a school truancy officer may request 4 27 and receive information from the department of human services 4 28 indicating whether a child who is under the age of twelve and 4 29 who may be truant as defined in section 299.8 has a parent, 4 30 guardian, or legal or actual custodian who is participating in 4 31 the family investment program. If referral of the truancy 4 32 matter to the county attorney pursuant to section 299.5A does 4 33 not assure the child's attendance, the superintendent, 4 34 authorities, or school truancy officer may notify the 4 35 department of the truancy matter and the department may apply 5 1 a sanction to the parent. The sanction shall be to reduce the 5 2 amount of the grant paid to the child's family under the 5 3 family investment program by reducing by one the family size 5 4 used to compute the grant amount. The sanction shall continue 5 5 until the truancy matter is resolved. 5 6 However, the provisions of this section shall not apply if 5 7 a parent, guardian, or legal or actual custodian of a child 5 8 who is truant has made reasonable efforts to comply with the 5 9 provisions of sections 299.1 through 299.5, but is unable to 5 10 cause the child to attend school and files with the department 5 11 an affidavit listing the reasonable efforts made by the 5 12 parent, guardian, or legal or actual custodian to cause the 5 13 child's attendance. 5 14 2. The department shall implement the school attendance 5 15 requirement of this section on the first day of the month 5 16 following federal approval of the provisions of this Act, or 5 17 on July 1, 1995, whichever date is later. 5 18 3. If the federal government grants a waiver under this 5 19 section, the department shall prepare and submit to the 5 20 legislative service bureau a proposed legislative bill, in 5 21 accordance with the provisions of section 2.16, that provides 5 22 for statutory reference to the provisions granted by the 5 23 federal government under the waiver. 5 24 Sec. 10. CONDITIONAL EFFECTIVE DATE. Sections 1, 2, and 3 5 25 of this Act shall not take effect unless an appropriation is 5 26 made which complies with section 25B.2, subsection 3. 5 27 HF 535 5 28 kh/pk/25
Text: HF00534 Text: HF00536 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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