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PAG LIN 1 1 Section 1. Section 232.21, subsection 3, Code 1995, is 1 2 amended to read as follows: 1 3 3. When there is reason to believe that a child placed in 1 4 shelter care pursuant to section 232.19, subsection 1, 1 5 paragraph "c" would not voluntarily remain in the shelter care 1 6 facility, the shelter care facility shall impose reasonable 1 7 restrictions necessary to ensure the child's continued 1 8 custody, including but not limited to physical restraint and 1 9 control room placement of children making actual attempts at 1 10 flight from the facility. 1 11 Sec. 2. Section 232.37, subsection 4, Code Supplement 1 12 1995, is amended to read as follows: 1 13 4. Service of summons or notice shall be made personally 1 14 by the delivery of a copy of the summons or notice to the 1 15 person being served. If the court determines that personal 1 16 service of a summons or notice is impracticable, the court may 1 17 order service by certified mail addressed to the last known 1 18 address or by publication or both, or the court may dispense 1 19 with notice if the person's whereabouts are unknown. Service 1 20 of summons or notice shall be made not less than five days 1 21 before the time fixed for hearing. Service of summons, 1 22 notice, subpoenas or other process, after an initial valid 1 23 summons or notice, shall be made in accordance with the rules 1 24 of the court governing such service in civil actions. 1 25 Sec. 3. Section 232.54, unnumbered paragraph 2, Code 1 26 Supplement 1995, is amended to read as follows: 1 27 Notice requirements of this section shall be satisfied in 1 28 the same manner as for adjudicatory hearings as provided in 1 29 section 232.37 except that noticeshallmay bewaived1 30 dispensed with regarding apersonparent, guardian, or 1 31 custodian who was previously notifiedof the adjudicatory1 32hearingby publication and who failed to appear and whose 1 33 whereabouts are unknown after reasonable inquiry. At a 1 34 hearing under this section all relevant and material evidence 1 35 shall be admitted. 2 1 Sec. 4. Section 232.82, Code 1995, is amended to read as 2 2 follows: 2 3 232.82 REMOVAL OFSEXUAL OFFENDERS AND PHYSICALCHILD 2 4 ABUSERS FROM THE RESIDENCE PURSUANT TO COURT ORDER. 2 5 1. Notwithstanding section 561.15, if it is alleged by a 2 6 person authorized to file a petition under section 232.87, 2 7 subsection 2, or by the court on its own motion, that a 2 8 parent, guardian, custodian, or an adult member of the 2 9 household in which a child resides has committeda sexual2 10offense with or against the child, pursuant to chapter 709 or2 11section 726.2, or a physical abuse as defined by section2 12232.2, subsection 42child abuse as defined in section 232.68, 2 13 subsection 2, the juvenile court may enter an ex parte order 2 14 requiring the allegedsexual offender or physicalchild abuser 2 15 to vacate the child's residence upon a showing that probable 2 16 cause exists to believe that thesexual offense or physical2 17 child abuse has occurred and that substantial evidence exists 2 18 to believe that the presence of the allegedsexual offender or2 19physicalchild abuser in the child's residence presents a 2 20 danger to the child's life or physical, emotional, or mental 2 21 health. 2 22 2. If an order is entered under subsection 1 and a 2 23 petition has not yet been filed under this chapter, the 2 24 petition shall be filed under section 232.87 by the county 2 25 attorney, the department of human services, or a juvenile 2 26 court officer within three days of the entering of the order. 2 27 3. The juvenile court may order on its own motion, or 2 28 shall order upon the request of the allegedsexual offender or2 29physicalchild abuser, a hearing to determine whether the 2 30 order to vacate the residence should be upheld, modified, or 2 31 vacated. The juvenile court may in any later child in need of 2 32 assistance proceeding uphold, modify, or vacate the order to 2 33 vacate the residence. 2 34 Sec. 5. Section 232.103, subsection 3, Code 1995, is 2 35 amended to read as follows: 3 1 3. A hearing shall be held on a motion to terminate or 3 2 modify a dispositional order except that a hearing on a motion 3 3 to terminate an order may be waived upon agreement by all 3 4 parties. Reasonable notice of the hearing shall be given in 3 5 accordance with the rules of court governing service in civil 3 6 actions, provided the parties were previously given an initial 3 7 valid summons or notice for the adjudicatory hearing, or in 3 8 the same manner as foradjudicatoryhearings in cases of 3 9 juvenile delinquency as provided insectionsections 232.37 3 10 and 232.54. The hearing shall be conducted in accordance with 3 11 the provisions of section 232.50. 3 12 Sec. 6. Section 232.103, Code 1995, is amended by adding 3 13 the following new subsection: 3 14 NEW SUBSECTION. 8. The court may terminate an order and 3 15 place custody of the child with a parent, guardian, or 3 16 custodian and issue a temporary or permanent injunction 3 17 prohibiting contact between the child and a person who 3 18 committed child abuse upon the child and who has been offered 3 19 or received services to correct the circumstance which led to 3 20 the adjudication, which circumstance continues to exist 3 21 despite the offer or receipt of services. A temporary 3 22 injunction shall be reviewed annually. 3 23 Sec. 7. Section 232.104, Code Supplement 1995, is amended 3 24 to read as follows: 3 25 232.104 PERMANENCY HEARING. 3 26 1.If a child has been placed in foster care for a period3 27of twelve months, or if the prior legal custodian of a child3 28has abandoned efforts to regain custody of the child, theThe 3 29 court shall, on its own motion, or upon application by any 3 30 interested party, including the child's foster parent if the 3 31 child has been placed with the foster parent for at least 3 32 twelve months, hold a hearing to consider the issue of the 3 33 establishment of permanency for the child if any of the 3 34 following have occurred: 3 35 a. If custody of the child has been transferred for 4 1 purposes of placement pursuant to section 232.102 for a period 4 2 of twelve months. 4 3 b. If the prior legal custodian of a child has abandoned 4 4 efforts to regain custody of the child. 4 5 c. If primary physical placement of a child has been 4 6 granted for a period of twelve months pursuant to section 4 7 232.101 to the parent having joint custody of the child but 4 8 who did not have primary physical custody of the child at the 4 9 time action under this division was commenced. 4 10 Such a permanency hearing may be held concurrently with a 4 11 hearing to review, modify, substitute, vacate, or terminate a 4 12 dispositional order. Reasonable notice of a permanency 4 13 hearing in a case of juvenile delinquency shall be made in 4 14 accordance with the rules of court governing service in civil 4 15 actions, provided the parties were given an initial valid 4 16 summons or notice for the adjudicatory hearing, or provided 4 17 pursuant tosectionsections 232.37 and 232.54. A permanency 4 18 hearing shall be conducted in substantial conformance with the 4 19 provisions of section 232.99. During the hearing the court 4 20 shall consider the child's need for a secure and permanent 4 21 placement in light of any permanency plan or evidence 4 22 submitted to the court. Upon completion of the hearing the 4 23 court shall enter written findings and make a determination 4 24 based upon the permanency plan which will best serve the 4 25 child's individual interests at that time. 4 26 2. After a permanency hearing the court shall do one of 4 27 the following: 4 28 a. Enter an order pursuant to section 232.102 to return 4 29 the child to the child's home. 4 30 b. Enter an order pursuant to section 232.102 to continue 4 31 placement of the child for an additional six months at which 4 32 time the court shall hold a hearing to consider modification 4 33 of its permanency order. An order entered under this 4 34 paragraph shall enumerate the specific factors, conditions, or 4 35 expected behavioral changes which comprise the basis for the 5 1 determination that the need for removal of the child from the 5 2 child's home will no longer exist at the end of the additional 5 3 six-month period. 5 4 c. Direct the county attorney or the attorney for the 5 5 child to institute proceedings to terminate the parent-child 5 6 relationship. 5 7 d. Enter an order, pursuant to findings required by 5 8 subsection 3, to do one of the following: 5 9 (1) Transfer guardianship and custody of the child to a 5 10 suitable person. When establishing a guardianship, the court 5 11 shall require the filing of an oath and bond by the guardian 5 12 pursuant to sections 633.168 and 633.169. 5 13 (2) Transfer sole custody of the child from one parent to 5 14 another parent or establish primary physical placement in the 5 15 parent with joint custody but who did not have primary 5 16 physical custody at the time of commencement of action under 5 17 this division. 5 18 (3) Transfer custody of the child to a suitable person for 5 19 the purpose of long-term care. 5 20 (4) Order long-term foster care placement for the child in 5 21 a licensed foster care home or facility. 5 22 3. Prior to entering a permanency order pursuant to 5 23 subsection 2, paragraph "d", convincing evidence must exist 5 24 showing that all of the following apply: 5 25 a. A termination of the parent-child relationship would 5 26 not be in the best interest of the child. 5 27 b. Services were offered to the child's family to correct 5 28 the situation which led to the child's removal from the home. 5 29 c. The child cannot be returned to the child's home. 5 30 4. Any permanency order may provide restrictions upon the 5 31 contact between the child and the child's parent or parents, 5 32 consistent with the best interest of the child. The court 5 33 may, based on the best interests of the child, temporarily or 5 34 permanently enjoin contact between the child and any person 5 35 who is the perpetrator of physical abuse, sexual abuse, or 6 1 neglect upon the child and who has been offered or received 6 2 services to correct the circumstance which led to the 6 3 adjudication, which circumstance continues to exist despite 6 4 the offer or receipt of services. If the court issues a 6 5 temporary injunction it shall provide for periodic annual 6 6 review upon hearing and notice. 6 7 5. Subsequent to the entry of a permanency order pursuant 6 8 to this section, the child shall not be returned to the care, 6 9 custody, or control of the child's parent or parents, over a 6 10 formal objection filed by the child's attorney or guardian ad 6 11 litem, unless the court finds by a preponderance of the 6 12 evidence, that returning the child to such custody would be in 6 13 the best interest of the child. 6 14 6. Following the entry of a permanency order which places 6 15 a child in the custody or guardianship of another person or 6 16 agency, the court shall retain jurisdiction and annually 6 17 review the order to ascertain whether the best interest of the 6 18 child is being served. When such order places the child in 6 19 the custody of the department for the purpose of long-term 6 20 family foster care or long-term foster care placement in a 6 21 facility, the review shall be in a hearing that shall not be 6 22 waived or continued beyond twelve months after the permanency 6 23 hearing or the last review hearing. Any modification shall be 6 24 accomplished through a hearing procedure following reasonable 6 25 notice. During the hearing, all relevant and material 6 26 evidence shall be admitted and procedural due process shall be 6 27 provided to all parties. 6 28 Sec. 8. Section 232.117, Code 1995, is amended by adding 6 29 the following new subsection: 6 30 NEW SUBSECTION. 4A. If, after a hearing, the court does 6 31 not order the termination of parental rights, the court may 6 32 enter a permanency order pursuant to section 232.104 providing 6 33 clear and convincing evidence is shown to meet the 6 34 requirements of that section. 6 35 Sec. 9. Section 232.133, subsection 1, Code 1995, is 7 1 amended to read as follows: 7 2 1. An interested party aggrieved by an order or decree of 7 3 the juvenile court may appeal from the court for review of 7 4 questions of law or fact. However, an order adjudicating a 7 5 child to have committed a delinquent act, entered pursuant to 7 6 section 232.47, shall not be appealed until the court enters a 7 7 corresponding dispositional order pursuant to section 232.52. 7 8 In addition, an order entered pursuant to section 232.102, 7 9 subsection 8, directing that a termination of the parent-child 7 10 relationship proceeding should be instituted shall not be 7 11 appealable. 7 12 Sec. 10. Section 331.653, subsection 4, Code Supplement 7 13 1995, is amended to read as follows: 7 14 4. Provide bailiff and other law enforcement service to 7 15 the district judges, district associate judges, associate 7 16 juvenile judges, judicial hospitalization referees, and 7 17 judicial magistrates of the county upon request. 7 18 Sec. 11. Section 602.7103, subsection 2, Code 1995, is 7 19 amended to read as follows: 7 20 2. The associate juvenile judge shall have the same 7 21 jurisdiction to conduct juvenile court proceedings and to 7 22 issue orders, findings, and decisions as the judge of the 7 23 juvenile court, except that the associate juvenile judge shall 7 24 not issue warrants other than warrants in juvenile cases, 7 25 juvenile nontestimonial identification orders, and contempt 7 26 arrest warrants for adults in juvenile proceedings. However, 7 27 the appointing judge may limit the exercise of juvenile court 7 28 jurisdiction by the associate juvenile judge. 7 29 Sec. 12. Section 665.4, Code 1995, is amended to read as 7 30 follows: 7 31 665.4 PUNISHMENT. 7 32 The punishment for contempt, where not otherwise 7 33 specifically provided, shall be: 7 34 1. In the supreme court or the court of appeals, by a fine 7 35 not exceeding one thousand dollars or by imprisonment in a 8 1 county jail not exceeding six months, or by both such fine and 8 2 imprisonment. 8 3 2. Before district judges,anddistrict associate judges, 8 4 and associate juvenile judges by a fine not exceeding five 8 5 hundred dollars or imprisonment in a county jail not exceeding 8 6 six months or by both such fine and imprisonment. 8 7 3. Before judicial magistratesand juvenile court8 8referees, by a fine not exceeding one hundred dollars or 8 9 imprisonment in a county jail not exceeding thirty days. 8 10 EXPLANATION 8 11 This bill does the following: 8 12 1. Section 232.21 is amended to allow juvenile shelter 8 13 care facilities to use physical restraint or control rooms in 8 14 the case of juveniles who attempt to leave the facility. 8 15 2. Section 232.37 is amended to provide that notice of 8 16 juvenile court proceedings may be given by publication and to 8 17 give the court the discretion to dispense with notice in 8 18 delinquency cases to a person whose whereabouts are unknown. 8 19 3. Section 232.54 is amended to allow the court to 8 20 dispense with notice of dispositional order modification 8 21 hearings to a person whose whereabouts remain unknown if prior 8 22 notice of the delinquency adjudicatory hearing was given by 8 23 publication. 8 24 4. Section 232.82 is amended to allow the court to remove 8 25 any child abuser, not just a physical or sexual abuser, from 8 26 the home of the child. This allows persons who abuse a child 8 27 emotionally or who neglect to provide a child with necessities 8 28 to be removed from the home. 8 29 5. Section 232.103 is amended to allow the court to 8 30 provide ordinary mailed notice to parties of modification 8 31 hearings in child in need of assistance cases, rather than 8 32 requiring personal service of notice, and to allow the court 8 33 to dispense with notice of a child in need of assistance 8 34 modification hearing to a person whose whereabouts are unknown 8 35 and who was provided prior published notice of the 9 1 adjudicatory hearing. The section is also amended to 9 2 authorize the court to remove a child from the home of a child 9 3 abuser and enjoin the abuser from further contact with the 9 4 child, even after the child in need of assistance proceedings 9 5 are concluded. 9 6 6. Section 232.104 is amended to provide that permanent 9 7 placement hearings may be held whenever a child is removed 9 8 from the home of the custodial parent for 12 months and placed 9 9 anywhere, not only in foster care. Also, ordinary mailed 9 10 notice of the hearing is authorized instead of personal or 9 11 published notice and certified mail. Further, the court is 9 12 authorized to dispense with personal service to a person whose 9 13 whereabouts are unknown and who previously received published 9 14 notice of the child in need of assistance adjudicatory 9 15 hearing. 9 16 7. Section 232.104 is also amended to require guardians 9 17 appointed by the court to file an oath as required under the 9 18 probate code, to allow the court to enjoin a child abuser from 9 19 further contact with a child following a permanent placement 9 20 hearing, to transfer custody or primary physical placement to 9 21 the other parent on a long-term basis, and to require review 9 22 of permanent placement orders when a child is placed in family 9 23 foster care, not just in cases where the child is placed in 9 24 group foster care. 9 25 8. Section 232.117 is amended to allow the court the 9 26 option of entering a permanent placement order as an 9 27 alternative to termination of parental rights. 9 28 9. Section 232.133 is amended to provide that orders 9 29 directing the filing of a termination petition are not 9 30 appealable orders. 9 31 10. Section 331.653 is amended to require the sheriff to 9 32 provide bailiff and law enforcement services, including 9 33 transportation services, to associate juvenile judges and 9 34 hospitalization referees. 9 35 11. Section 602.7103 is amended to provide that associate 10 1 juvenile judges may issue warrants in juvenile cases. 10 2 12. Section 665.4 is amended to provide that associate 10 3 juvenile judges may punish persons committing contempt of 10 4 court before them in the same manner that district court 10 5 judges may punish persons for contempt. 10 6 This bill may contain a state mandate under chapter 25B. 10 7 Under section 25B.3, the mandate does not take effect unless 10 8 the cost of the mandate is provided or specified by the state. 10 9 LSB 3757SS 76 10 10 mk/sc/14.1
Text: SF02201 Text: SF02203 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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