Text: SF00381 Text: SF00383 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 141.21, subsection 8, Code 1995, is 1 2 amended to read as follows: 1 3 8. "Legal guardian" means a person appointed by a court 1 4 pursuant to chapter 633. In the case of a minor, "legal 1 5 guardian" also means a parent, an individual or agency 1 6 licensed to provide child foster care under chapter 237 to 1 7 which custody of the minor has been transferred under chapter 1 8 232, or other person responsible for the care of the minor. 1 9 Sec. 2. Section 141.22, Code 1995, is amended by adding 1 10 the following new subsection: 1 11 NEW SUBSECTION. 5A. A legal guardian of a minor may 1 12 authorize withdrawing blood of the minor for the purposes of 1 13 performing an HIV-related test in accordance with the 1 14 provisions of this chapter. 1 15 Sec. 3. Section 232.71, Code 1995, is amended by adding 1 16 the following new subsection: 1 17 NEW SUBSECTION. 18. a. For purposes of this subsection, 1 18 "foster care placement" means placement of a child with an 1 19 individual or agency licensed to provide child foster care 1 20 under chapter 237. For a report of child abuse involving a 1 21 child in a foster care placement, the department's 1 22 investigation shall consider the special circumstances 1 23 associated with a foster care placement, including but not 1 24 limited to case history and needs of the child and whether the 1 25 child has a pattern of submitting child abuse reports. If an 1 26 allegation of child abuse involving a foster care placement or 1 27 a family member of an individual foster care placement was 1 28 made by a child placed with the foster care placement, 1 29 regardless of the department's determination concerning the 1 30 alleged abuse, the department may offer appropriate services 1 31 to the foster care placement and to family members of the 1 32 individual foster care placement, or to the child, to address 1 33 needs identified during the investigation. 1 34 b. If it is determined that a child placed with a foster 1 35 care placement knowingly provided false information concerning 2 1 an alleged act of child abuse by the foster care placement or 2 2 a family member of an individual foster care placement, the 2 3 department shall assist the foster care placement in 2 4 determining appropriate discipline of the child. 2 5 c. For a report of child abuse from a child placed with a 2 6 foster care placement concerning the foster care placement or 2 7 a family member of an individual foster care placement that 2 8 was determined to be founded or undetermined, the department 2 9 shall consider the child's repudiation of information 2 10 previously provided by the child to be new information and 2 11 shall consider changing the finding. 2 12 Sec. 4. Section 232.91, Code 1995, is amended to read as 2 13 follows: 2 14 232.91 PRESENCE OF PARENTS AND GUARDIAN AD LITEM AT 2 15 HEARINGS. 2 16 Any hearings or proceedings under this division subsequent 2 17 to the filing of a petition shall not take place without the 2 18 presence of the child's parent, guardian, or custodian,or2 19guardian ad litemin accordance with and subject to section 2 20 232.38, and shall not take place without the child's guardian 2 21 ad litem. A parent without custody may petition the court to 2 22 be made a party to proceedings under this division. 2 23 Sec. 5. NEW SECTION. 235A.21A DISCIPLINARY ACTION. 2 24 An employee of a government body, as defined in section 2 25 22.1, who knowingly disseminates child abuse information in 2 26 violation of this chapter shall be subject to disciplinary 2 27 action, including but not limited to dismissal of the 2 28 employee. 2 29 Sec. 6. Section 237.3, subsection 2, Code 1995, is amended 2 30 by adding the following new paragraph: 2 31 NEW PARAGRAPH. k. The information provided to a licensee 2 32 at the time of placement shall include the name, telephone 2 33 number, and address of the child's guardian ad litem. 2 34 Sec. 7. Section 237.3, Code 1995, is amended by adding the 2 35 following new subsection: 3 1 NEW SUBSECTION. 9. The department shall adopt rules, 3 2 subject to applicable federal requirements, which allow a 3 3 child who is placed in foster care to accumulate a savings 3 4 account of not more than two thousand five hundred dollars 3 5 that the child may access upon turning eighteen years of age. 3 6 A savings account created in accordance with this subsection 3 7 shall be in addition to an account established by the 3 8 department for the child in accordance with section 234.37. 3 9 Sec. 8. Section 669.2, subsection 4, Code 1995, is amended 3 10 by adding the following new unnumbered paragraph: 3 11 NEW UNNUMBERED PARAGRAPH. "Employee of the state" also 3 12 includes an individual child foster care licensee under 3 13 chapter 237. 3 14 EXPLANATION 3 15 This bill relates to foster care. 3 16 The section 141.21 definition of legal guardian used for 3 17 purposes of testing and counseling for human immunodeficiency 3 18 virus (HIV) is amended to include foster parents or other 3 19 foster care placements licensed under chapter 232. Section 3 20 141.22 is amended to permit the legal guardian of a minor to 3 21 authorize HIV testing of the minor. 3 22 Section 232.71, relating to child abuse investigations by 3 23 the department of human services, is amended to provide for 3 24 special considerations for investigations involving a foster 3 25 care placement. The department is to consider the case 3 26 history and needs of the foster child; the department is 3 27 authorized to offer services to the child, foster care 3 28 placement, or family members of a family foster care 3 29 placement, regardless of the determination concerning the 3 30 alleged abuse; the department is to assist a foster care 3 31 placement in determining an appropriate discipline of a foster 3 32 child who knowingly provides false information concerning an 3 33 alleged act of child abuse by the foster care placement or 3 34 foster family member; and in a case of founded or undetermined 3 35 child abuse involving a foster care placement or family member 4 1 of a family foster care placement, the department is to 4 2 consider the child's repudiation of previous information by 4 3 the foster child as new information and shall consider 4 4 changing the finding. 4 5 Section 232.91 is amended to prohibit any judicial hearing 4 6 or proceeding associated with a finding of child in need of 4 7 assistance to take place without the presence of the child's 4 8 guardian ad litem. 4 9 New section 235A.21A provides that an employee of a 4 10 government body who knowingly disseminates child abuse 4 11 information in violation of chapter 235A is subject to 4 12 disciplinary action which may include dismissal of the 4 13 employee. 4 14 Section 237.3, relating to department of human services' 4 15 rules for foster care licensees, is amended to require the 4 16 licensee to be provided at the time of placement with the 4 17 name, address, and telephone number of the child's guardian ad 4 18 litem. 4 19 Section 237.3 is amended by addition of a new subsection 4 20 requiring the department to adopt rules, subject to federal 4 21 requirements, authorizing a foster child to accumulate savings 4 22 so that the child may have access to savings of up to $2,500 4 23 upon turning 18 years of age. This savings account is in 4 24 addition to any account established by the department under 4 25 section 234.37 which allows the department to establish bank 4 26 accounts where the department is trustee for the child. These 4 27 accounts may be used for the child prior to the child becoming 4 28 a legal adult or otherwise leaving the department's legal 4 29 custody. 4 30 Section 669.2 is amended to define individuals or married 4 31 couples who provide foster care in a single-family home 4 32 environment as employees of the state for purposes of the Iowa 4 33 tort claims Act. 4 34 LSB 1921SS 76 4 35 jp/sc/14
Text: SF00381 Text: SF00383 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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