Text: SSB00338 Text: SSB00340 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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. Reasonable restrictions include, but are not limited 1 9 to, physical restraint and placement of children who attempt 1 10 to flee the facility in a secure room. 1 11 Sec. 2. Section 232.54, unnumbered paragraph 2, Code 1995, 1 12 is amended to read as follows: 1 13 Notice requirements of this section shall be satisfiedin1 14the same manner as for adjudicatory hearings as provided in1 15section 232.37by service as in civil actions provided that 1 16 the parties were previously provided valid service of the 1 17 initial summons or notice of the adjudicatory hearing. At a 1 18 hearing under this section all relevant and material evidence 1 19 shall be admitted. 1 20 Sec. 3. Section 232.82, Code 1995, is amended to read as 1 21 follows: 1 22 232.82 REMOVAL OFSEXUAL OFFENDERS AND PHYSICALCHILD 1 23 ABUSERS FROM THE RESIDENCE PURSUANT TO COURT ORDER. 1 24 1. Notwithstanding section 561.15, if it is alleged by a 1 25 person authorized to file a petition under section 232.87, 1 26 subsection 2, or by the court on its own motion, that a 1 27 parent, guardian, custodian, or an adult member of the 1 28 household in which a child resides has committeda sexual1 29offense with or against the child, pursuant to chapter 709 or1 30section 726.2, or a physical abuse as defined by section1 31232.2, subsection 42child abuse as defined in section 232.68, 1 32 subsection 2, the juvenile court may enter an ex parte order 1 33 requiring the allegedsexual offender or physicalchild abuser 1 34 to vacate the child's residence upon a showing that probable 1 35 cause exists to believe that thesexual offense or physical2 1 child abuse has occurred and that substantial evidence exists 2 2 to believe that the presence of the allegedsexual offender or2 3physicalchild abuser in the child's residence presents a 2 4 danger to the child's life or physical, emotional, or mental 2 5 health. 2 6 2. If an order is entered under subsection 1 and a 2 7 petition has not yet been filed under this chapter, the 2 8 petition shall be filed under section 232.87 by the county 2 9 attorney, the department of human services, or a juvenile 2 10 court officer within three days of the entering of the order. 2 11 3. The juvenile court may order on its own motion, or 2 12 shall order upon the request of the allegedsexual offender or2 13physicalchild abuser, a hearing to determine whether the 2 14 order to vacate the residence should be upheld, modified, or 2 15 vacated. The juvenile court may in any later child in need of 2 16 assistance proceeding uphold, modify, or vacate the order to 2 17 vacate the residence. 2 18 4. The juvenile court may prohibit contact, limit contact, 2 19 or set conditions which shall be met before contact is allowed 2 20 between the alleged child abuser and the child, the child's 2 21 siblings, or the child's custodial parent in the ex parte 2 22 order or upon hearing. 2 23 Sec. 4. Section 232.103, subsection 3, Code 1995, is 2 24 amended to read as follows: 2 25 3. A hearing shall be held on a motion to terminate or 2 26 modify a dispositional order except that a hearing on a motion 2 27 to terminate an order may be waived upon agreement by all 2 28 parties. Reasonable notice of the hearing shall be givenin2 29the same manner as for adjudicatory hearings in cases of2 30juvenile delinquency as provided in section 232.37by service 2 31 as in civil actions provided that the parties were previously 2 32 provided valid service of the initial summons or notice of the 2 33 adjudicatory hearing. A parent, guardian, or custodian who 2 34 previously received notice by publication, who failed to 2 35 appear and whose location remains unknown despite reasonable 3 1 inquiry, is not entitled to receive further notice. The 3 2 hearing shall be conducted in accordance with the provisions 3 3 of section 232.50. 3 4 Sec. 5. Section 232.103, Code 1995, is amended by adding 3 5 the following new subsection: 3 6 NEW SUBSECTION. 8. The court may terminate an order and 3 7 place custody of the child with a parent, guardian, or 3 8 custodian and issue a temporary or permanent injunction 3 9 prohibiting contact between the child and a person who 3 10 committed child abuse or neglect upon the child and who has 3 11 been offered or received services to correct the circumstance 3 12 which led to the adjudication and the circumstance continues 3 13 to exist despite the offer or receipt of services. A 3 14 temporary injunction shall be reviewed annually. 3 15 Sec. 6. Section 232.104, subsection 1, Code 1995, is 3 16 amended to read as follows: 3 17 1. Ifa child has been placed in foster carecustody of a 3 18 child has been transferred for purposes of placement pursuant 3 19 to section 232.102 for a period of twelve months, or if the 3 20 prior legal custodian of a child has abandoned efforts to 3 21 regain custody of the child, the court shall, on its own 3 22 motion, or upon application by any interested party, including 3 23 the child's foster parent if the child has been placed with 3 24 the foster parent for at least twelve months, hold a hearing 3 25 to consider the issue of the establishment of permanency for 3 26 the child. 3 27 Such a permanency hearing may be held concurrently with a 3 28 hearing to review, modify, substitute, vacate, or terminate a 3 29 dispositional order. Reasonable notice of a permanency 3 30 hearingin a case of juvenile delinquency shall be provided3 31pursuant to section 232.37shall be by service as in civil 3 32 actions, provided that the parties were previously provided an 3 33 initial valid summons or notice of the adjudicatory hearing. 3 34 A parent, guardian, or custodian who previously received 3 35 notice by publication, who failed to appear, and whose 4 1 location is unknown despite reasonable inquiry, is not 4 2 entitled to receive further notice. A permanency hearing 4 3 shall be conducted in substantial conformance with the 4 4 provisions of section 232.99. During the hearing the court 4 5 shall consider the child's need for a secure and permanent 4 6 placement in light of any permanency plan or evidence 4 7 submitted to the court. Upon completion of the hearing the 4 8 court shall enter written findings and make a determination 4 9 based upon the permanency plan which will best serve the 4 10 child's individual interests at that time. 4 11 Sec. 7. Section 232.104, subsection 2, paragraph d, 4 12 subparagraph (1), Code 1995, is amended to read as follows: 4 13 (1) Transfer guardianship and custody of the child to a 4 14 suitable person. A guardianship established under this 4 15 subparagraph shall be governed by sections 633.168 and 4 16 633.174. 4 17 Sec. 8. Section 232.104, subsection 4, Code 1995, is 4 18 amended to read as follows: 4 19 4. Any permanency order may provide restrictions upon the 4 20 contact between the child and the child's parent or parents, 4 21 consistent with the best interest of the child. The court may 4 22 temporarily or permanently prohibit contact between the child 4 23 and a person who has committed child abuse or neglect upon the 4 24 child and who has been offered or received services to correct 4 25 the circumstance which led to the abuse or neglect and the 4 26 circumstance continues to exist despite the offer or receipt 4 27 of services. A temporary injunction shall be reviewed 4 28 annually. 4 29 Sec. 9. Section 232.104, subsection 6, Code 1995, is 4 30 amended to read as follows: 4 31 6. Following the entry of a permanency order which places 4 32 a child in thecustody orguardianship of another person or 4 33 agency, the court shall retain jurisdiction and annually 4 34 review the order to ascertain whether the best interest of the 4 35 child is being served. When such order places the child in 5 1 the custody of the department for the purpose of long-term 5 2 family foster care or long-term foster care placement in a 5 3 facility, the review shall be in a hearing that shall not be 5 4 waived or continued beyond twelve months after the permanency 5 5 hearing or the last review hearing. Any modification shall be 5 6 accomplished through a hearing procedure following reasonable 5 7 notice. During the hearing, all relevant and material 5 8 evidence shall be admitted and procedural due process shall be 5 9 provided to all parties. 5 10 EXPLANATION 5 11 This bill provides that physical restraint or detention in 5 12 secure rooms may be used to prevent juveniles in shelter care 5 13 from running away. The bill also provides the juvenile court 5 14 with the authority to remove a person who commits child abuse 5 15 or neglect from the home to protect the child who was abused. 5 16 The bill amends section 232.82 to substitute "child abuse", as 5 17 defined in section 232.68, for "sexual abuse" or "physical 5 18 abuse". Both those acts are contained within the definition 5 19 of child abuse. 5 20 The bill additionally provides modification hearings in 5 21 delinquency cases, child in need of assistance cases, and 5 22 foster care placement cases may be by service as in civil 5 23 cases and provides that notice is not required to parties who 5 24 previously received notice and whose location is unknown. 5 25 The bill also provides that the juvenile court may enter a 5 26 protective order which prohibits contact between a child and a 5 27 person who committed child abuse or neglect against the child 5 28 and terminate the court's continuing jurisdiction in the case. 5 29 In addition, the bill provides that the juvenile court may 5 30 establish a permanent placement for a juvenile who has been 5 31 adjudicated a child in need of assistance in cases where the 5 32 juvenile has been in an out-of-home placement for more than 12 5 33 months and attempts at reunification of the juvenile and the 5 34 juvenile's family have failed. Further, the bill provides 5 35 that the judicial review of placement in family foster care 6 1 shall not take place later than 12 months after placement and 6 2 provides that the court may restrict or prohibit contact 6 3 between a juvenile and a person who committed child abuse upon 6 4 the juvenile. Finally, the bill provides the juvenile court 6 5 the authority to establish a guardianship for a juvenile and 6 6 subjects the guardian to the oath and bond requirements of 6 7 fiduciaries and guardians in the probate code. 6 8 LSB 2610SC 76 6 9 mk/sc/14
Text: SSB00338 Text: SSB00340 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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