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PAG LIN
1 1 Section 1. Section 232.142, subsection 1, Code 1995, is
1 2 amended to read as follows:
1 3 1. County boards of supervisors which singly or in
1 4 conjunction with one or more other counties provide and
1 5 maintain juvenile detention, emergency juvenile shelter, and
1 6 juvenile shelter care homes are subject to this section.
1 7 Sec. 2. Section 232.142, Code 1995, is amended by adding
1 8 the following new subsection:
1 9 NEW SUBSECTION. 4A. a. An emergency juvenile shelter
1 10 care home is a staff secure setting which provides emergency
1 11 shelter to a juvenile in accordance with this subsection for
1 12 not more than forty-eight hours or for longer periods in
1 13 accordance with a court order. A provider of emergency
1 14 juvenile shelter care home services must be approved under
1 15 this section as a juvenile detention or shelter care home. If
1 16 the provider provides emergency juvenile shelter care home
1 17 services in addition to juvenile detention or shelter care
1 18 home services, the emergency juvenile shelter care home
1 19 services shall be provided separately from the juvenile
1 20 detention or shelter care services. The criminal and juvenile
1 21 justice planning council created in section 216A.132 shall
1 22 develop guidelines for admission to, programming, and
1 23 operation of emergency juvenile shelter care home services.
1 24 Administrative rules adopted by the director for emergency
1 25 juvenile shelter care homes shall be based upon the guidelines
1 26 developed by the council. The guidelines and rules may
1 27 provide for additions and exceptions to the standards and
1 28 rules applicable to approved juvenile detention and shelter
1 29 care homes.
1 30 b. The emergency juvenile shelter care home shall have
1 31 appropriate services available to juveniles, including but not
1 32 limited to providing brief counseling to reunite a juvenile
1 33 with the juvenile's parent or guardian, and an initial
1 34 screening for mental health, substance abuse, and other
1 35 service needs. The emergency juvenile shelter care home may
2 1 provide for the availability of counseling services twenty-
2 2 four hours per day.
2 3 c. An emergency juvenile shelter care home shall be
2 4 considered a shelter care home for purposes of issuing bonds
2 5 as provided in subsection 2 and sections 331.441 to 331.449.
2 6 d. An emergency juvenile shelter care home shall be
2 7 available to the following juveniles:
2 8 (1) To a juvenile taken into custody pursuant to section
2 9 232.19, subject to the requirements of sections 232.19,
2 10 232.20, and 232.21.
2 11 (2) To a juvenile who is in custody pursuant to an ex
2 12 parte court order entered in accordance with section 232.78.
2 13 (3) To a juvenile who is in custody without a court order
2 14 in accordance with section 232.79.
2 15 (4) To a juvenile who is in a circumstance or condition
2 16 that presents a danger to the child's life or health and who
2 17 requests to be served by the emergency juvenile shelter care
2 18 home.
2 19 Sec. 3. Section 234.35, subsection 1, Code 1995, is
2 20 amended by adding the following new paragraph:
2 21 NEW PARAGRAPH. j. When a child enters emergency juvenile
2 22 shelter care in accordance with section 232.142, subsection
2 23 4A, to the extent moneys are appropriated for this purpose.
2 24 EXPLANATION
2 25 This bill amends section 232.142, relating to maintenance
2 26 and cost of juvenile homes, to authorize a county or group of
2 27 counties to establish a county or multicounty emergency
2 28 juvenile shelter care home.
2 29 The bill provides that an emergency juvenile shelter care
2 30 home is a staff secure setting which provides emergency
2 31 shelter to juveniles for a maximum of 48 hours without a court
2 32 order. A provider of emergency juvenile shelter care home
2 33 services must be approved as a juvenile detention or shelter
2 34 care home. If the provider provides emergency juvenile
2 35 shelter care home services in addition to juvenile detention
3 1 or shelter care home services, the emergency juvenile shelter
3 2 care home services shall be provided separately from the
3 3 juvenile detention or shelter care services. Guidelines for
3 4 admission to, programming, and operation of emergency juvenile
3 5 shelter care services shall be developed by the criminal and
3 6 juvenile justice planning council created in section 216A.132.
3 7 Administrative rules adopted by the director of human services
3 8 must be based upon the guidelines developed by the council.
3 9 The shelter must have certain screening and counseling
3 10 services available to juveniles. An emergency shelter is a
3 11 shelter care home for purposes of county general obligation
3 12 bond provisions. Provisions for operating rules adopted by
3 13 the department of human services and staff records checks are
3 14 applicable to the emergency shelters.
3 15 The bill authorizes an emergency shelter to be used for
3 16 juveniles taken into custody and detained pursuant to section
3 17 232.19, which includes a court order, a delinquent act, a
3 18 child believed to have run away, and a child believed to have
3 19 materially violated a dispositional order; an ex parte
3 20 temporary custody order pursuant to section 232.78; an
3 21 emergency temporary custody removal without a court order
3 22 pursuant to section 232.79; and a juvenile who is in dangerous
3 23 circumstances and requests to be served by the emergency
3 24 shelter.
3 25 Section 234.35 is amended to authorize state payment for
3 26 emergency juvenile shelter care to the extent moneys are
3 27 appropriated for this purpose.
3 28 LSB 3326SS 76
3 29 jp/cf/24
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