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Senate File 2202

Partial Bill History

Bill Text

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 notice shall may be waived
  1 30 dispensed with regarding a person parent, guardian, or
  1 31 custodian who was previously notified of the adjudicatory
  1 32 hearing by 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 OF SEXUAL OFFENDERS AND PHYSICAL CHILD
  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 committed a sexual
  2 10 offense with or against the child, pursuant to chapter 709 or
  2 11 section 726.2, or a physical abuse as defined by section
  2 12 232.2, subsection 42 child abuse as defined in section 232.68,
  2 13 subsection 2, the juvenile court may enter an ex parte order
  2 14 requiring the alleged sexual offender or physical child abuser
  2 15 to vacate the child's residence upon a showing that probable
  2 16 cause exists to believe that the sexual offense or physical
  2 17 child abuse has occurred and that substantial evidence exists
  2 18 to believe that the presence of the alleged sexual offender or
  2 19 physical child 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 alleged sexual offender or
  2 29 physical child 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 for adjudicatory hearings in cases of
  3  9 juvenile delinquency as provided in section sections 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 period
  3 27 of twelve months, or if the prior legal custodian of a child
  3 28 has abandoned efforts to regain custody of the child, the The
  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 to section sections 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, and district 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 magistrates and juvenile court
  8  8 referees, 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
     

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