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Senate File 2439

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.2, Code Supplement 1995, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  6A.  "Chronic runaway" means a child who
  1  4 is reported to law enforcement as a runaway more than once in
  1  5 any month or three or more times in a year.
  1  6    Sec. 2.  Section 232.19, subsection 1, paragraph c, Code
  1  7 1995, is amended to read as follows:
  1  8    c.  By a peace officer for the purpose of reuniting a child
  1  9 with the child's family or removing the child to a shelter
  1 10 care facility, when the peace officer has reasonable grounds
  1 11 to believe the child has run away from the child's parents,
  1 12 guardian, or custodian, for the purposes of determining
  1 13 whether the child shall be reunited with the child's parents,
  1 14 guardian, or custodian, placed in shelter care, or, if a
  1 15 chronic runaway, placed in a runaway assessment and counseling
  1 16 center under section 232.196.
  1 17    Sec. 3.  NEW SECTION.  232.195  RUNAWAY TREATMENT PLAN.
  1 18    A county may develop a runaway treatment plan to address
  1 19 problems with chronic runaway children in the county.  The
  1 20 county shall submit the plan to the department of human
  1 21 services for approval.  The plan shall identify the problems
  1 22 with chronic runaway children in the county and specific
  1 23 solutions to be implemented by the county, including the
  1 24 development of a runaway assessment and counseling center and
  1 25 may include a request for funding.  The department may award
  1 26 funds appropriated for this purpose to a county to implement
  1 27 the county runaway treatment plan.
  1 28    Sec. 4.  NEW SECTION.  232.196  RUNAWAY ASSESSMENT AND
  1 29 COUNSELING CENTER.
  1 30    1.  As part of the county runaway treatment plan under
  1 31 section 232.195, the county may implement a runaway assessment
  1 32 and treatment center.  The center, if implemented, shall
  1 33 provide services to assess a child who is referred to the
  1 34 center for being a chronic runaway and intensive family
  1 35 counseling designed to address any problem causing the child
  2  1 to run away.
  2  2    2.  a.  If not sent home with the child's parent, guardian,
  2  3 or custodian, the child may be placed in a runaway assessment
  2  4 and treatment center by the peace officer who takes the child
  2  5 into custody under section 232.19 if the child is a chronic
  2  6 runaway and the officer believes it to be in the child's best
  2  7 interest after consulting with the child's parent, guardian,
  2  8 or custodian.  A child shall not be placed in a runaway
  2  9 assessment and treatment center for more than forty-eight
  2 10 hours.
  2 11    b.  Within twenty-four hours of being placed in the center
  2 12 the child shall be assessed by a center counselor to determine
  2 13 the reasons why the child is a runaway and whether child in
  2 14 need of assistance or family in need of assistance proceedings
  2 15 are appropriate.  As soon as practicable following the
  2 16 assessment, the child and the child's parents, guardian, or
  2 17 custodian shall be provided the opportunity for a counseling
  2 18 session to identify the underlying causes of the runaway
  2 19 behavior and develop a plan to address those causes.
  2 20    c.  A child shall be released from a runaway assessment and
  2 21 treatment center to the child's parents, guardian, or
  2 22 custodian not later than forty-eight hours after being placed
  2 23 in the center unless the child is placed in shelter care under
  2 24 section 232.21 or an order is entered under section 232.78.  A
  2 25 child whose parents, guardian, or custodian failed to attend
  2 26 counseling at the center or who fails to take custody of the
  2 27 child at the end of placement in the center may be the subject
  2 28 of a child in need of assistance petition or such other order
  2 29 as the juvenile court finds to be in the child's best
  2 30 interest.
  2 31    Sec. 5.  Section 710.8, Code 1995, is amended by adding the
  2 32 following new subsection:
  2 33    NEW SUBSECTION.  4.  A person shall not harbor a runaway
  2 34 child with the intent of allowing the runaway child to remain
  2 35 away from home against the wishes of the child's parent,
  3  1 guardian, or custodian.
  3  2    Sec. 6.  APPROPRIATION.  There is appropriated from the
  3  3 general fund of the state to the department of human services
  3  4 for the fiscal year beginning July 1, 1996, and ending June
  3  5 30, 1997, the following amount, or so much thereof as is
  3  6 necessary, to be used for the purpose designated:
  3  7    For assistance to counties which are implementing a county
  3  8 runaway treatment plan under section 232.195:  
  3  9 .................................................. $  6,000,000
  3 10                           EXPLANATION
  3 11    This bill provides for the development of county plans to
  3 12 address problems regarding chronic runaway children and
  3 13 provides an appropriation.
  3 14    The bill defines chronic runaway as a juvenile who is
  3 15 reported to law enforcement as a runaway more than once a
  3 16 month or three or more times in a year.  The bill authorizes a
  3 17 peace officer to take a juvenile into custody to determine
  3 18 whether the juvenile should be returned home or placed in
  3 19 shelter care or in a runaway assessment and counseling center.
  3 20 A county may develop a runaway assessment and counseling
  3 21 center as part of a plan to address the problems of runaways
  3 22 in the county.  A county which develops such a plan may apply
  3 23 to the department of human services for funding from a $6
  3 24 million appropriation made in the bill for that purpose.
  3 25    A runaway assessment and treatment center shall provide
  3 26 services to assess and address the problem causing a juvenile
  3 27 to run away from home.  A juvenile may not be held in a center
  3 28 for more than 48 hours.  The juvenile and the juvenile's
  3 29 parents are to have a short counseling session to address the
  3 30 problem causing the running away prior to the juvenile being
  3 31 released from the center.  Failure to attend counseling may
  3 32 lead to the filing of a child in need of assistance petition.
  3 33    The bill also provides that a person shall not harbor a
  3 34 runaway juvenile with the intent of allowing the runaway to
  3 35 remain away from home against the wishes of the juvenile's
  4  1 parents.  Violation of this provision is an aggravated
  4  2 misdemeanor.  
  4  3 LSB 1917SV 76
  4  4 mk/jj/8
     

Text: SF02438                           Text: SF02440
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