Text: S03542 Text: S03544 Text: S03500 - S03599 Text: S 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 case permanency plan 1 9 agreement between the child's parent, guardian, or 1 10 custodian and the department or agency involved with 1 11 developing the plan. The agreement shall specify the 1 12 actions expected of the parent, guardian, or custodian 1 13 in order for the department or agency to recommend 1 14 that the court terminate a dispositional order for the 1 15 child's out-of-home placement and for the department 1 16 or agency to end its involvement with the child and 1 17 the child's family upon completion of the agreement 1 18 requirements. 1 19 Sec. . Section 232.88, Code 1995, is amended to 1 20 read as follows: 1 21 232.88 SUMMONS, NOTICE, SUBPOENAS AND SERVICES. 1 22 After a petition has been filed the court shall 1 23 issue and serve summons, notice, subpoenas, and other 1 24 process in the same manner as for adjudicatory 1 25 hearings in cases of juvenile delinquency as provided 1 26 in section 232.37. In addition to the parties 1 27 required to be provided notice under section 232.37, 1 28 notice for any hearing under this division shall be 1 29 provided to the agency, facility, institution, or 1 30 person, including a foster parent, with whom a child 1 31 has been placed for the purposes of foster care. 1 32 Sec. . Section 232.91, Code 1995, is amended to 1 33 read as follows: 1 34 232.91 PRESENCE OF PARENTS,ANDGUARDIAN AD LITEM, 1 35 AND FOSTER PARENTS AT HEARINGS. 1 36 1. Any hearings or proceedings under this division 1 37 subsequent to the filing of a petition shall not take 1 38 place without the presence of the child's parent, 1 39 guardian, custodian, or guardian ad litem in 1 40 accordance with and subject to section 232.38. A 1 41 parent without custody may petition the court to be 1 42 made a party to proceedings under this division. 1 43 2. An agency, facility, institution, or person, 1 44 including a foster parent, may petition the court to 1 45 be made a party to proceedings under this division. 1 46 Sec. . Section 232.104, subsection 2, paragraph 1 47 b, Code 1995, is amended to read as follows: 1 48 b. Enter an order pursuant to section 232.102 to 1 49 continue placement of the child for an additional six 1 50 months at which time the court shall hold a hearing to 2 1 consider modification of its permanency order. An 2 2 order entered under this paragraph shall enumerate the 2 3 specific factors, conditions, or expected behavioral 2 4 changes which comprise the basis for the determination 2 5 that the need for removal of the child from the 2 6 child's home will no longer exist at the end of the 2 7 additional six-month period." 2 8 #2. Page 1, by inserting before line 1 the 2 9 following: 2 10 "Sec. . Section 232.2, subsection 6, paragraph 2 11 o, Code 1995, is amended by striking the paragraph and 2 12 inserting in lieu thereof the following: 2 13 o. Who is described by any other paragraph of this 2 14 subsection and in whose body there is an illegal drug 2 15 present as a direct consequence of the acts or 2 16 omissions of the child's parent, guardian, or 2 17 custodian which a reasonable and prudent person knew 2 18 or should have known is likely to lead to the drug's 2 19 presence in the child's body. The presence of the 2 20 drug shall be determined in accordance with a 2 21 medically relevant test as defined in section 232.73. 2 22 Sec. . Section 232.68, subsection 2, paragraph 2 23 f, Code 1995, is amended to read as follows: 2 24 f. An illegal drug is present in a child's body as 2 25 a direct and foreseeable consequence of the acts or 2 26 omissions of the person responsible for the care of 2 27 the child which a reasonable and prudent person knew 2 28 or should have known is likely to lead to the drug's 2 29 presence in the child's body. 2 30 Sec. . Section 232.73, unnumbered paragraph 2, 2 31 Code 1995, is amended to read as follows: 2 32 As used in this section and section 232.77, 2 33 "medically relevant test" means a test that produces 2 34 reliable results of exposure to cocaine, heroin, 2 35 amphetamine, methamphetamine, or other illegal drugs, 2 36 or combinations or derivatives thereof, including a 2 37 drug urine screen test. The Iowa department of public 2 38 health, in consultation with the department of human 2 39 services and the council on chemically exposed infants 2 40 and children created in chapter 235C, shall adopt 2 41 rules specifying minimum standards for reliable 2 42 results of medically relevant tests. The rules shall 2 43 include but are not limited to standards which 2 44 minimize the incidence of false positive test results. 2 45 The Iowa department of public health shall maintain a 2 46 list of laboratories which are approved to perform 2 47 medically relevant tests in accordance with the 2 48 standards adopted in administrative rules. 2 49 Sec. 100. NEW SECTION. 232.106 TERMS AND 2 50 CONDITIONS ON CHILD'S PARENT. 3 1 If the court enters an order under this chapter 3 2 which imposes terms and conditions on the child's 3 3 parent, guardian, or custodian, the purpose of the 3 4 terms and conditions shall be to assure the protection 3 5 of the child. The order is subject to the following 3 6 provisions: 3 7 1. The order shall state the reasons for and 3 8 purpose of the terms and conditions. 3 9 2. If a parent, guardian, or custodian is required 3 10 to have a chemical test of blood or urine for the 3 11 purpose of determining the presence of an illegal 3 12 drug, the test shall be a medically relevant test as 3 13 defined in section 232.73. The parent, guardian, or 3 14 custodian may select the laboratory which processes 3 15 the test from among the laboratories approved pursuant 3 16 to section 232.73. A positive test result shall not 3 17 be used for the criminal prosecution of a parent, 3 18 guardian, or custodian for the presence of an illegal 3 19 drug." 3 20 #3. Page 1, line 10, by inserting after the word 3 21 "child" the following: "or constituted imminent 3 22 danger to the child". 3 23 #4. Page 1, by inserting after line 33 the 3 24 following: 3 25 "Sec. . Section 232.119, subsection 5, Code 3 26 1995, is amended to read as follows: 3 27 5. A request to defer registering the child on the 3 28 exchange shall be submitted in writing and shall be 3 29 granted if any of the following conditions exist: 3 30 a. The child is in an adoptive placement. 3 31 b. The child's foster parents or another person 3 32 with a significant relationship is being considered as 3 33 the adoptive family. 3 34 c.The child needsA diagnostic study or testing 3 35 is necessary to clarify the child'sproblemneeds and 3 36 to provide an adequate description of theproblem3 37 child's needs. 3 38 d.TheAt the time of the request, the child is 3 39currently hospitalized andreceiving medical care, 3 40 mental health treatment, or other treatment and the 3 41 child's care or treatment provider has determined that 3 42does not permit adoptive placementmeeting prospective 3 43 adoptive parents is not in the child's best interest. 3 44 e. The child is fourteen years of age or older and 3 45 will not consent to an adoption plan and the 3 46 consequences of not being adopted have been explained 3 47 to the child. 3 48Upon receipt of a valid written request for3 49deferral pursuant to paragraphs "a" through "e", the3 50exchange shall grant the deferral, except that a4 1deferral based on paragraph "b" or "c" shall be4 2granted for no more than a one-time, ninety-day period4 3unless the termination of parental rights order is4 4appealed. However, if the foster parents or another4 5person with a significant relationship continues to be4 6considered the child's prospective adoptive family,4 7additional extensions of the deferral may be granted4 8until ninety days after the date of the final decision4 9regarding the appeal.4 10 6. The following requirements apply to a request 4 11 to defer registering a child on the adoption exchange 4 12 under subsection 5: 4 13 a. For a deferral granted by the exchange pursuant 4 14 to subsection 5, paragraph "a", "b", or "e", the 4 15 child's guardian shall address the child's deferral 4 16 status in the report filed with the court and the 4 17 court shall review the deferral status in the six- 4 18 month review hearings held pursuant to section 4 19 232.117, subsection 6. 4 20 b. In addition to the requirements of paragraph 4 21 "a", a deferral granted by the exchange pursuant to 4 22 subsection 5, paragraph "b", shall be limited to not 4 23 more than a one-time, ninety-day period unless the 4 24 termination of parental rights order is appealed or 4 25 the child is placed in a hospital or other 4 26 institutional placement. However, if the foster 4 27 parents or another person with a significant 4 28 relationship continues to be considered the child's 4 29 prospective adoptive family, additional extensions of 4 30 the deferral request under subsection 5, paragraph 4 31 "b", may be granted until sixty days after the date of 4 32 the final decision regarding the appeal or until the 4 33 date the child is discharged from a hospital or other 4 34 institutional placement. 4 35 c. A deferral granted by the exchange pursuant to 4 36 subsection 5, paragraph "c", shall be limited to not 4 37 more than a one-time, ninety-day period. 4 38 d. A deferral granted by the exchange pursuant to 4 39 subsection 5, paragraph "d", shall be limited to not 4 40 more than a one-time, one hundred-twenty-day period." 4 41 #5. Page 1, by inserting after line 33 the 4 42 following: 4 43 "Sec. . Section 232.189, Code 1995, is amended 4 44 to read as follows: 4 45 232.189 REASONABLE EFFORTS ADMINISTRATIVE 4 46 REQUIREMENTS. 4 47 Based upon a model reasonable efforts family court 4 48 initiative, the director of human services and the 4 49 chief justice of the supreme court or their designees 4 50 shall jointly establish and implement a statewide 5 1 protocol for reasonable efforts to prevent or 5 2 eliminate the need for placement of a child outside 5 3 the child's home. In addition, the director and the 5 4 chief justice shall design and implement a system for 5 5 judicial and departmental reasonable efforts education 5 6 for deployment throughout the state. The system for 5 7 reasonable efforts education shall be developed in a 5 8 manner which addresses the particular needs of rural 5 9 areas and shall include but is not limited to all of 5 10 the following topics: 5 11 1. Regular training concerning mental or emotional 5 12 disorders which may afflict children and the impact 5 13 children with such disorders have upon their families. 5 14 2. The duties of judicial and departmental 5 15 employees associated with placing a child removed from 5 16 the child's home into a permanent home and the urgency 5 17 of the placement for the child. 5 18 3. The essential elements, including writing 5 19 techniques, in developing effective permanency plans. 5 20 4. The essential elements of gathering evidence 5 21 sufficient for the evidentiary standards required for 5 22 judicial orders under this chapter. 5 23 Sec. . NEW SECTION. 234.7 DEPARTMENT DUTIES. 5 24 The department of human services shall comply with 5 25 the following requirement associated with child foster 5 26 care licensees under chapter 237: 5 27 The department shall include a child's foster 5 28 parent in and provide timely notice of planning and 5 29 review activities associated with the child, including 5 30 but not limited to permanency planning, a clinical 5 31 assessment and consultation team review or other 5 32 activity, and placement review meetings." 5 33 #6. Page 2, by inserting after line 13 the 5 34 following: 5 35 "Sec. . Section 235C.3, subsection 3, Code 5 36 1995, is amended to read as follows: 5 37 3. IDENTIFICATION. The council shall develop 5 38 recommendations regarding state programs or policies 5 39 to increase the accuracy of the identification of 5 40 chemically exposed infants and children." 5 41 #7. Page 2, by inserting after line 13 the 5 42 following: 5 43 "Sec. . Section 237.15, subsection 1, Code 5 44 1995, is amended by adding the following new 5 45 paragraph: 5 46 NEW PARAGRAPH. j. A case permanency plan 5 47 agreement between the child's parent, guardian, or 5 48 custodian and the agency responsible for creating the 5 49 plan. The agreement shall specify the actions 5 50 expected of the parent, guardian, or custodian in 6 1 order for the agency to recommend that the court 6 2 terminate a dispositional order for the child's out- 6 3 of-home placement and for the agency to end its 6 4 involvement with the child and the child's family upon 6 5 completion of the agreement requirements. 6 6 Sec. . Section 273.2, subsection 1, Code 1995, 6 7 is amended to read as follows: 6 8 1. In-service training programs for employees of 6 9 school districts and area education agencies, provided 6 10 at the time programs and services are established they 6 11 do not duplicate programs and services available in 6 12 that area from the universities under the state board 6 13 of regents and from other universities and four-year 6 14 institutions of higher education in Iowa. The in- 6 15 service training programs shall include but are not 6 16 limited to regular training concerning mental or 6 17 emotional disorders which may afflict children and the 6 18 impact children with such disorders have upon their 6 19 families." 6 20 #8. Page 2, by inserting before line 14 the 6 21 following: 6 22 "Sec. . Section 598.41, subsections 1 and 2, 6 23 Code 1995, are amended to read as follows: 6 24 1. a. The court, insofar as is reasonable and in 6 25 the best interest of the child, shall order the 6 26 custody award, including liberal visitation rights 6 27 where appropriate, which will assure the child the 6 28 opportunity for the maximum continuing physical and 6 29 emotional contact with both parents after the parents 6 30 have separated or dissolved the marriage, and which 6 31 will encourage parents to share the rights and 6 32 responsibilities of raising the child unless direct 6 33 physical harm or significant emotional harm to the 6 34 child, other children, or a parent is likely to result 6 35 from such contact with one parent, and which will6 36encourage parents to share the rights and6 37responsibilities of raising the child. 6 38 b. Notwithstanding paragraph "a", if the court 6 39 finds credible evidence of a history of domestic 6 40 abuse, a rebuttable presumption against the awarding 6 41 of joint custody exists. 6 42 c. The court shall consider the denial by one 6 43 parent of the child's opportunity for maximum 6 44 continuing contact with the other parent, without just 6 45 cause, a significant factor in determining the proper 6 46 custody arrangement. Just cause may include a 6 47 determination by the court pursuant to subsection 3, 6 48 paragraph "j", that credible evidence of domestic 6 49 abuse exists between the parents. 6 50 d. If credible evidence of domestic abuse exists 7 1 as determined by a court pursuant to subsection 3, 7 2 paragraph "j", and if a parent who is a victim of such 7 3 domestic abuse relocates or is not present during the 7 4 determination of custody or visitation based upon the 7 5 fear of or actual acts or threats of domestic abuse 7 6 perpetrated by the other parent, the court shall not 7 7 consider the relocation or absence of that parent as a 7 8 factor against that parent in the awarding of custody 7 9 or visitation to the absent parent. 7 10 e. Unless otherwise ordered by the court in the 7 11 custody decree, both parents shall have legal access 7 12 to information concerning the child, including but not 7 13 limited to medical, educational and law enforcement 7 14 records. 7 15 2. a. On the application of either parent, the 7 16 court shall consider granting joint custody in cases 7 17 where the parents do not agree to joint custody. 7 18 b. If the court does not grant joint custody under 7 19 this subsection, the court shall cite clear and 7 20 convincing evidence, pursuant to the factors in 7 21 subsection 3, that joint custody is unreasonable and 7 22 not in the best interest of the child to the extent 7 23 that the legal custodial relationship between the 7 24 child and a parent should be severed. 7 25 c. A finding by the court of credible evidence of 7 26 domestic abuse, as specified in subsection 3, 7 27 paragraph "j", which is not rebutted, shall outweigh 7 28 consideration of any other factor specified in 7 29 subsection 3 in determination of the awarding of 7 30 custody under this subsection. 7 31 d. Before ruling upon the joint custody petition 7 32 in these cases, unless the court determines that 7 33 credible evidence exists of domestic abuse as 7 34 specified in subsection 3, paragraph "j", or unless 7 35 the court determines that direct physical harm or 7 36 significant emotional harm to the child, other 7 37 children, or a parent is likely to result, the court 7 38 may require the parties to participate in custody 7 39 mediation counseling to determine whether joint 7 40 custody is in the best interest of the child. The 7 41 court may require the child's participation in the 7 42 mediation counseling insofar as the court determines 7 43 the child's participation is advisable. 7 44 e. The costs of custody mediation counseling shall 7 45 be paid in full or in part by the parties and taxed as 7 46 court costs. 7 47 Sec. . Section 598.41, subsection 3, Code 1995, 7 48 is amended by adding the following new paragraph: 7 49 NEW PARAGRAPH. j. Whether credible evidence of 7 50 domestic abuse exists. In determining whether 8 1 credible evidence exists under this paragraph, the 8 2 court shall consider the history of a parent as a 8 3 perpetrator of domestic abuse, including the parent's 8 4 history of perpetration of acts intended to cause 8 5 pain, injury, or to place the victim in fear of 8 6 physical contact which will be painful, injurious, 8 7 insulting, or offensive coupled with the apparent 8 8 ability to execute the act. Evidence of the parent's 8 9 history may include, but is not limited to, 8 10 commencement of an action pursuant to section 236.3, 8 11 the issuance of a protective order against the parent 8 12 or the issuance of a court order or consent agreement 8 13 pursuant to section 236.5, the issuance of an 8 14 emergency order pursuant to section 236.6, the holding 8 15 of a parent in contempt pursuant to section 236.8, the 8 16 response of a peace officer to the scene of alleged 8 17 domestic abuse or the arrest of a parent following 8 18 response to a report of alleged domestic abuse, or a 8 19 conviction for domestic abuse assault pursuant to 8 20 section 708.2A. 8 21 Sec. . Section 598.41, Code 1995, is amended by 8 22 adding the following new subsection: 8 23 NEW SUBSECTION. 7. If an application for 8 24 modification of a decree or a petition for 8 25 modification of an order is filed, based upon 8 26 differences between the parents regarding the custody 8 27 arrangement established under the decree or order, the 8 28 court may require the parents to participate in 8 29 mediation to attempt to resolve the differences 8 30 between the parents." 8 31 #9. Page 2, by striking lines 19 through 31. 8 32 #10. Page 2, by inserting after line 31 the 8 33 following: 8 34 "Sec. . Section 600B.40, Code 1995, is amended 8 35 by adding the following new unnumbered paragraph: 8 36 NEW UNNUMBERED PARAGRAPH. In determining the 8 37 visitation or custody arrangements of a child born out 8 38 of wedlock, if a judgment of paternity is entered and 8 39 the mother of the child has not been awarded sole 8 40 custody, section 598.41 shall apply to the 8 41 determination, as applicable, and the court shall 8 42 consider the factors specified in section 598.41, 8 43 subsection 3, including but not limited to the factor 8 44 related to a parent's history of domestic abuse. 8 45 Sec. . Section 602.1203, Code 1995, is amended 8 46 to read as follows: 8 47 602.1203 PERSONNEL CONFERENCES. 8 48 The chief justice may order conferences of judicial 8 49 officers or court employees on matters relating to the 8 50 administration of justice or the affairs of the 9 1 department. For judges and other court employees who 9 2 handle cases involving children and family law, the 9 3 chief justice shall require regular training 9 4 concerning mental or emotional disorders which may 9 5 afflict children and the impact children with such 9 6 disorders have upon their families." 9 7 #11. Page 2, by inserting after line 31 the 9 8 following: 9 9 "Sec. . APPLICABILITY AND EFFECTIVE DATE. 9 10 Section 100 of this Act, enacting section 232.106, 9 11 being deemed of immediate importance, takes effect 9 12 upon enactment and applies to medically relevant tests 9 13 performed on or after the effective date of this Act 9 14 pursuant to court orders imposing terms and conditions 9 15 which are in effect on or after the effective date of 9 16 this Act." 9 17 #12. Title page, line 1, by inserting after the 9 18 word "to" the following: "children, including". 9 19 #13. Title page, line 2, by striking the word 9 20 "cases" and inserting the following: "cases, the 9 21 department of human services' adoption information 9 22 exchange,". 9 23 #14. Title page, line 3, by inserting after the 9 24 word "information" the following: ", case permanency 9 25 plans for children in out-of-home placements, state 9 26 foster care requests, and custody and visitation 9 27 determinations". 9 28 #15. Title page, line 3, by inserting after the 9 29 word "information" the following: "and providing an 9 30 applicability and effective date". 9 31 #16. By renumbering, relettering, or redesignating 9 32 and correcting internal references as necessary. 9 33 SF 150H 9 34 jp/pk/25
Text: S03542 Text: S03544 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/S/03500/S03543/950420.html
jhf