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PAG LIN 1 1 Section 1. Section 232.37, subsection 4, Code Supplement 1 2 1995, is amended to read as follows: 1 3 4. Service of summons or notice shall be made personally 1 4 by the delivery of a copy of the summons or notice to the 1 5 person being served. If the court determines that personal 1 6 service of a summons or notice is impracticable, the court may 1 7 order service by certified mail addressed to the last known 1 8 address or by publication or both, or the court may dispense 1 9 with notice if the person's whereabouts are unknown. Service 1 10 of summons or notice shall be made not less than five days 1 11 before the time fixed for hearing. Service of summons, 1 12 notice, subpoenas or other process, after an initial valid 1 13 summons or notice, shall be made in accordance with the rules 1 14 of the court governing such service in civil actions. 1 15 Sec. 2. Section 232.54, unnumbered paragraph 2, Code 1 16 Supplement 1995, is amended to read as follows: 1 17 Notice requirements of this section shall be satisfied in 1 18 the same manner as for adjudicatory hearings as provided in 1 19 section 232.37 except that noticeshallmay bewaived1 20 dispensed with regarding apersonparent, guardian, or 1 21 custodian who was previously notifiedof the adjudicatory1 22hearingby publication and who failed to appear and whose 1 23 whereabouts are unknown after reasonable inquiry. At a 1 24 hearing under this section all relevant and material evidence 1 25 shall be admitted. 1 26 Sec. 3. Section 232.82, Code 1995, is amended to read as 1 27 follows: 1 28 232.82 REMOVAL OFSEXUAL OFFENDERS AND PHYSICALCHILD 1 29 ABUSERS FROM THE RESIDENCE PURSUANT TO COURT ORDER. 1 30 1. Notwithstanding section 561.15, if it is alleged by a 1 31 person authorized to file a petition under section 232.87, 1 32 subsection 2, or by the court on its own motion, that a 1 33 parent, guardian, custodian, or an adult member of the 1 34 household in which a child resides has committeda sexual1 35offense with or against the child, pursuant to chapter 709 or2 1section 726.2, or a physical abuse as defined by section2 2232.2, subsection 42child abuse as defined in section 232.68, 2 3 subsection 2, the juvenile court may enter an ex parte order 2 4 requiring the allegedsexual offender or physicalchild abuser 2 5 to vacate the child's residence upon a showing that probable 2 6 cause exists to believe that thesexual offense or physical2 7 child abuse has occurred and that substantial evidence exists 2 8 to believe that the presence of the allegedsexual offender or2 9physicalchild abuser in the child's residence presents a 2 10 danger to the child's life or physical, emotional, or mental 2 11 health. 2 12 2. If an order is entered under subsection 1 and a 2 13 petition has not yet been filed under this chapter, the 2 14 petition shall be filed under section 232.87 by the county 2 15 attorney, the department of human services, or a juvenile 2 16 court officer within three days of the entering of the order. 2 17 3. The juvenile court may order on its own motion, or 2 18 shall order upon the request of the allegedsexual offender or2 19physicalchild abuser, a hearing to determine whether the 2 20 order to vacate the residence should be upheld, modified, or 2 21 vacated. The juvenile court may in any later child in need of 2 22 assistance proceeding uphold, modify, or vacate the order to 2 23 vacate the residence. 2 24 Sec. 4. Section 232.103, subsection 3, Code 1995, is 2 25 amended to read as follows: 2 26 3. A hearing shall be held on a motion to terminate or 2 27 modify a dispositional order except that a hearing on a motion 2 28 to terminate an order may be waived upon agreement by all 2 29 parties. Reasonable notice of the hearing shall be given in 2 30 accordance with the rules of court governing service in civil 2 31 actions, provided the parties were previously given an initial 2 32 valid summons or notice for the adjudicatory hearing, or in 2 33 the same manner as foradjudicatoryhearings in cases of 2 34 juvenile delinquency as provided insectionsections 232.37 2 35 and 232.54. The hearing shall be conducted in accordance with 3 1 the provisions of section 232.50. 3 2 Sec. 5. Section 232.103, Code 1995, is amended by adding 3 3 the following new subsection: 3 4 NEW SUBSECTION. 8. The court may terminate an order and 3 5 place custody of the child with a parent, guardian, or 3 6 custodian and issue a temporary or permanent injunction 3 7 prohibiting contact between the child and a person who 3 8 committed child abuse upon the child and who has been offered 3 9 or received services to correct the circumstance which led to 3 10 the adjudication, which circumstance continues to exist 3 11 despite the offer or receipt of services. A temporary 3 12 injunction shall be reviewed annually. 3 13 Sec. 6. Section 232.104, Code Supplement 1995, is amended 3 14 to read as follows: 3 15 232.104 PERMANENCY HEARING. 3 16 1.If a child has been placed in foster care for a period3 17of twelve months, or if the prior legal custodian of a child3 18has abandoned efforts to regain custody of the child, theThe 3 19 court shall, on its own motion, or upon application by any 3 20 interested party, including the child's foster parent if the 3 21 child has been placed with the foster parent for at least 3 22 twelve months, hold a hearing to consider the issue of the 3 23 establishment of permanency for the child if any of the 3 24 following have occurred: 3 25 a. If custody of the child has been transferred for 3 26 purposes of placement pursuant to section 232.102 for a period 3 27 of twelve months. 3 28 b. If the prior legal custodian of a child has abandoned 3 29 efforts to regain custody of the child. 3 30 c. If primary physical placement of a child has been 3 31 granted for a period of twelve months pursuant to section 3 32 232.101 to the parent having joint custody of the child but 3 33 who did not have primary physical custody of the child at the 3 34 time action under this division was commenced. 3 35 Such a permanency hearing may be held concurrently with a 4 1 hearing to review, modify, substitute, vacate, or terminate a 4 2 dispositional order. Reasonable notice of a permanency 4 3 hearing in a case of juvenile delinquency shall be made in 4 4 accordance with the rules of court governing service in civil 4 5 actions, provided the parties were given an initial valid 4 6 summons or notice for the adjudicatory hearing, or provided 4 7 pursuant tosectionsections 232.37 and 232.54. A permanency 4 8 hearing shall be conducted in substantial conformance with the 4 9 provisions of section 232.99. During the hearing the court 4 10 shall consider the child's need for a secure and permanent 4 11 placement in light of any permanency plan or evidence 4 12 submitted to the court. Upon completion of the hearing the 4 13 court shall enter written findings and make a determination 4 14 based upon the permanency plan which will best serve the 4 15 child's individual interests at that time. 4 16 2. After a permanency hearing the court shall do one of 4 17 the following: 4 18 a. Enter an order pursuant to section 232.102 to return 4 19 the child to the child's home. 4 20 b. Enter an order pursuant to section 232.102 to continue 4 21 placement of the child for an additional six months at which 4 22 time the court shall hold a hearing to consider modification 4 23 of its permanency order. An order entered under this 4 24 paragraph shall enumerate the specific factors, conditions, or 4 25 expected behavioral changes which comprise the basis for the 4 26 determination that the need for removal of the child from the 4 27 child's home will no longer exist at the end of the additional 4 28 six-month period. 4 29 c. Direct the county attorney or the attorney for the 4 30 child to institute proceedings to terminate the parent-child 4 31 relationship. 4 32 d. Enter an order, pursuant to findings required by 4 33 subsection 3, to do one of the following: 4 34 (1) Transfer guardianship and custody of the child to a 4 35 suitable person. When establishing a guardianship, the court 5 1 shall require the filing of an oath and bond by the guardian 5 2 pursuant to sections 633.168 and 633.169. 5 3 (2) Transfer sole custody of the child from one parent to 5 4 another parent or establish primary physical placement in the 5 5 parent with joint custody but who did not have primary 5 6 physical custody at the time of commencement of action under 5 7 this division. 5 8 (3) Transfer custody of the child to a suitable person for 5 9 the purpose of long-term care. 5 10 (4) Order long-term foster care placement for the child in 5 11 a licensed foster care home or facility. 5 12 3. Prior to entering a permanency order pursuant to 5 13 subsection 2, paragraph "d", convincing evidence must exist 5 14 showing that all of the following apply: 5 15 a. A termination of the parent-child relationship would 5 16 not be in the best interest of the child. 5 17 b. Services were offered to the child's family to correct 5 18 the situation which led to the child's removal from the home. 5 19 c. The child cannot be returned to the child's home. 5 20 4. Any permanency order may provide restrictions upon the 5 21 contact between the child and the child's parent or parents, 5 22 consistent with the best interest of the child. The court 5 23 may, based on the best interests of the child, temporarily or 5 24 permanently enjoin contact between the child and any person 5 25 who commits child abuse as defined in section 232.68, 5 26 subsection 2, upon the child and who has been offered or 5 27 received services to correct the circumstance which led to the 5 28 adjudication, which circumstance continues to exist despite 5 29 the offer or receipt of services. If the court issues a 5 30 temporary injunction it shall provide for periodic annual 5 31 review upon hearing and notice. 5 32 5. Subsequent to the entry of a permanency order pursuant 5 33 to this section, the child shall not be returned to the care, 5 34 custody, or control of the child's parent or parents, over a 5 35 formal objection filed by the child's attorney or guardian ad 6 1 litem, unless the court finds by a preponderance of the 6 2 evidence, that returning the child to such custody would be in 6 3 the best interest of the child. 6 4 6. Following the entry of a permanency order which places 6 5 a child in the custody or guardianship of another person or 6 6 agency, the court shall retain jurisdiction and annually 6 7 review the order to ascertain whether the best interest of the 6 8 child is being served. When such order places the child in 6 9 the custody of the department for the purpose of long-term 6 10 family foster care or long-term foster care placement in a 6 11 facility, the review shall be in a hearing that shall not be 6 12 waived or continued beyond twelve months after the permanency 6 13 hearing or the last review hearing. Any modification shall be 6 14 accomplished through a hearing procedure following reasonable 6 15 notice. During the hearing, all relevant and material 6 16 evidence shall be admitted and procedural due process shall be 6 17 provided to all parties. 6 18 Sec. 7. Section 232.117, Code 1995, is amended by adding 6 19 the following new subsection: 6 20 NEW SUBSECTION. 4A. If, after a hearing, the court does 6 21 not order the termination of parental rights, the court may 6 22 enter a permanency order pursuant to section 232.104 providing 6 23 clear and convincing evidence is shown to meet the 6 24 requirements of that section. 6 25 Sec. 8. Section 232.133, subsection 1, Code 1995, is 6 26 amended to read as follows: 6 27 1. An interested party aggrieved by an order or decree of 6 28 the juvenile court may appeal from the court for review of 6 29 questions of law or fact. However, an order adjudicating a 6 30 child to have committed a delinquent act, entered pursuant to 6 31 section 232.47, shall not be appealed until the court enters a 6 32 corresponding dispositional order pursuant to section 232.52. 6 33 In addition, an order entered pursuant to section 232.102, 6 34 subsection 8, directing that a termination of the parent-child 6 35 relationship proceeding should be instituted shall not be 7 1 appealable. 7 2 Sec. 9. Section 331.653, subsection 4, Code Supplement 7 3 1995, is amended to read as follows: 7 4 4. Provide bailiff and other law enforcement service to 7 5 the district judges, district associate judges, associate 7 6 juvenile judges, judicial hospitalization referees, and 7 7 judicial magistrates of the county upon request. 7 8 Sec. 10. Section 602.7103, subsection 2, Code 1995, is 7 9 amended to read as follows: 7 10 2. The associate juvenile judge shall have the same 7 11 jurisdiction to conduct juvenile court proceedings and to 7 12 issue orders, findings, and decisions as the judge of the 7 13 juvenile court, except that the associate juvenile judge shall 7 14 not issue warrants other than warrants in juvenile cases, 7 15 juvenile nontestimonial identification orders, and contempt 7 16 arrest warrants for adults in juvenile proceedings. However, 7 17 the appointing judge may limit the exercise of juvenile court 7 18 jurisdiction by the associate juvenile judge. 7 19 Sec. 11. Section 665.4, Code 1995, is amended to read as 7 20 follows: 7 21 665.4 PUNISHMENT. 7 22 The punishment for contempt, where not otherwise 7 23 specifically provided, shall be: 7 24 1. In the supreme court or the court of appeals, by a fine 7 25 not exceeding one thousand dollars or by imprisonment in a 7 26 county jail not exceeding six months, or by both such fine and 7 27 imprisonment. 7 28 2. Before district judges,anddistrict associate judges, 7 29 and associate juvenile judges by a fine not exceeding five 7 30 hundred dollars or imprisonment in a county jail not exceeding 7 31 six months or by both such fine and imprisonment. 7 32 3. Before judicial magistratesand juvenile court7 33referees, by a fine not exceeding one hundred dollars or 7 34 imprisonment in a county jail not exceeding thirty days. 7 35 EXPLANATION 8 1 This bill does the following: 8 2 1. Section 232.37 is amended to provide that notice of 8 3 juvenile court proceedings may be given by publication and to 8 4 give the court the discretion to dispense with notice in 8 5 delinquency cases to a person whose whereabouts are unknown. 8 6 2. Section 232.54 is amended to allow the court to 8 7 dispense with notice of dispositional order modification 8 8 hearings to a person whose whereabouts remain unknown if prior 8 9 notice of the delinquency adjudicatory hearing was given by 8 10 publication. 8 11 3. Section 232.82 is amended to allow the court to remove 8 12 any child abuser, not just a physical or sexual abuser, from 8 13 the home of the child. This allows persons who abuse a child 8 14 emotionally or who neglect to provide a child with necessities 8 15 to be removed from the home. 8 16 4. Section 232.103 is amended to allow the court to 8 17 provide ordinary mailed notice to parties of modification 8 18 hearings in child in need of assistance cases, rather than 8 19 requiring personal service of notice, and to allow the court 8 20 to dispense with notice of a child in need of assistance 8 21 modification hearing to a person whose whereabouts are unknown 8 22 and who was provided prior published notice of the 8 23 adjudicatory hearing. The section is also amended to 8 24 authorize the court to remove a child from the home of a child 8 25 abuser and enjoin the abuser from further contact with the 8 26 child, even after the child in need of assistance proceedings 8 27 are concluded. 8 28 5. Section 232.104 is amended to provide that permanent 8 29 placement hearings may be held whenever a child is removed 8 30 from the home of the custodial parent for 12 months and placed 8 31 anywhere, not only in foster care. Also, ordinary mailed 8 32 notice of the hearing is authorized instead of personal or 8 33 published notice and certified mail. Further, the court is 8 34 authorized to dispense with personal service to a person whose 8 35 whereabouts are unknown and who previously received published 9 1 notice of the child in need of assistance adjudicatory 9 2 hearing. 9 3 6. Section 232.104 is also amended to require guardians 9 4 appointed by the court to file an oath as required under the 9 5 probate code, to allow the court to enjoin a child abuser from 9 6 further contact with a child following a permanent placement 9 7 hearing, to transfer custody or primary physical placement to 9 8 the other parent on a long-term basis, and to require review 9 9 of permanent placement orders when a child is placed in family 9 10 foster care, not just in cases where the child is placed in 9 11 group foster care. 9 12 7. Section 232.117 is amended to allow the court the 9 13 option of entering a permanent placement order as an 9 14 alternative to termination of parental rights. 9 15 8. Section 232.133 is amended to provide that orders 9 16 directing the filing of a termination petition are not 9 17 appealable orders. 9 18 9. Section 331.653 is amended to require the sheriff to 9 19 provide bailiff and law enforcement services, including 9 20 transportation services, to associate juvenile judges and 9 21 hospitalization referees. 9 22 10. Section 602.7103 is amended to provide that associate 9 23 juvenile judges may issue warrants in juvenile cases. 9 24 11. Section 665.4 is amended to provide that associate 9 25 juvenile judges may punish persons committing contempt of 9 26 court before them in the same manner that district court 9 27 judges may punish persons for contempt. 9 28 This bill may contain a state mandate under chapter 25B. 9 29 Under section 25B.3, the mandate does not take effect unless 9 30 the cost of the mandate is provided or specified by the state. 9 31 LSB 3757SV 76 9 32 mk/sc/14
Text: SF02416 Text: SF02418 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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