Text: H09208 Text: H09210 Text: H09200 - H09299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2345, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 2, by inserting after line 1 the 1 4 following: 1 5 "Sec. ___. Section 232.78, subsection 1, Code 1 6 1997, is amended by adding the following new 1 7 paragraph: 1 8 NEW PARAGRAPH. d. The application for the order 1 9 includes a statement of the facts to support the 1 10 findings specified in paragraphs "a", "b", and "c"." 1 11 #2. Page 2, by inserting before line 2 the 1 12 following: 1 13 "Sec. ___. Section 232.78, Code 1997, is amended 1 14 by adding the following new subsections: 1 15 NEW SUBSECTION. 1A. If the allegations contained 1 16 in the application for an order under this section are 1 17 not otherwise verified, the presentation of the 1 18 application to the juvenile court shall be deemed to 1 19 be a certificate in accordance with rule of civil 1 20 procedure 80. 1 21 NEW SUBSECTION. 1B. The person making the 1 22 application for an order shall assert facts showing 1 23 there is reasonable cause to believe that the child 1 24 cannot either be returned to the place where the child 1 25 was residing or placed with the parent who does not 1 26 have physical care of the child." 1 27 #3. Page 2, line 12, by inserting after the word 1 28 "application." the following: "The person designated 1 29 by the court shall file with the court a complete 1 30 written report providing all details of the designee's 1 31 conference with the person seeking the removal order, 1 32 the designee's efforts to inform the parents or other 1 33 person legally responsible for the child's care of the 1 34 application, any inquiries made by the designee to aid 1 35 the court in disposing of the application, and all 1 36 information the designee communicated to the court. 1 37 The report shall be filed within three days of the 1 38 date of the application and shall be included as part 1 39 of the court record." 1 40 #4. Page 2, by inserting after line 16 the 1 41 following: 1 42 "Sec. ___. Section 232.91, subsection 1, Code 1 43 Supplement 1997, is amended to read as follows: 1 44 1. Any hearings or proceedings under this division 1 45 subsequent to the filing of a petition shall not take 1 46 place without the presence of the child's parent, 1 47 guardian, custodian, or guardian ad litem in 1 48 accordance with and subject to section 232.38. If 1 49 evidence alleging abuse of a child is presented at an 1 50 adjudicatory hearing under this division, the person 2 1 alleged to have committed the abuse shall be party to 2 2 the hearing. A parent without custody may petition 2 3 the court to be made a party to proceedings under this 2 4 division." 2 5 #5. Page 2, by striking line 29 and inserting the 2 6 following: "to the welfare of the child, andthat2 7 shall identify the reasonable efforts that have". 2 8 #6. Page 3, by striking line 17 and inserting the 2 9 following: "welfare of the child, andthatshall 2 10 identify the reasonable efforts that have been". 2 11 #7. Page 7, by inserting after line 19 the 2 12 following: 2 13 "Sec. ___. NEW SECTION. 232.105 DISPOSITIONAL 2 14 AND PERMANENCY HEARINGS – BURDEN OF PROOF. 2 15 In any dispositional or permanency hearing under 2 16 this division, the state shall have the burden of 2 17 proving by clear and convincing evidence that the 2 18 child cannot either be returned to the child's home or 2 19 placed with the parent who does not have physical care 2 20 of the child." 2 21 #8. Page 8, by inserting before line 18 the 2 22 following: 2 23 "Sec. ___. Section 232.111, subsection 3, Code 2 24 1997, is amended by adding the following new paragraph 2 25 after paragraph d and renumbering the subsequent 2 26 paragraph: 2 27 NEW PARAGRAPH. e. A complete list of the services 2 28 which have been offered to preserve the family and a 2 29 statement specifying the service provider's actions to 2 30 address the reasons stated in any order for removal or 2 31 in any dispositional or permanency order which did not 2 32 return the child to the child's home." 2 33 #9. Page 8, by inserting after line 24 the 2 34 following: 2 35 "Sec. ___. Section 232.116, Code 1997, is amended 2 36 by adding the following new subsection: 2 37 NEW SUBSECTION. 2A. Termination of parental rights 2 38 shall not be considered to be in the best interest of 2 39 the child if there is competent evidence that, as a 2 40 result of services provided pursuant to court order to 2 41 a party to the petition, the child may be returned to 2 42 the child's parent within six months of the date of 2 43 the hearing under this section." 2 44 #10. Page 8, by inserting before line 25 the 2 45 following: 2 46 "Sec. ___. Section 232.116, Code 1997, is amended 2 47 by adding the following new subsection: 2 48 NEW SUBSECTION. 5. The sufficiency of the 2 49 services listed in the petition may be challenged in 2 50 the hearing under this section." 3 1 #11. By renumbering, relettering, or redesignating 3 2 and correcting internal references as necessary. 3 3 3 4 3 5 3 6 BODDICKER of Cedar 3 7 3 8 3 9 3 10 FALLON of Polk 3 11 SF 2345.203 77 3 12 jp/jl/28
Text: H09208 Text: H09210 Text: H09200 - H09299 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Apr 17 03:46:18 CDT 1998
URL: /DOCS/GA/77GA/Legislation/H/09200/H09209/980416.html
jhf