Text: H09258                            Text: H09260
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House Amendment 9259

Amendment Text

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 subsection:
  1 15    NEW SUBSECTION.  1A.  The person making the
  1 16 application for an order shall assert facts showing
  1 17 there is reasonable cause to believe that the child
  1 18 cannot either be returned to the place where the child
  1 19 was residing or placed with the parent who does not
  1 20 have physical care of the child."
  1 21    #3.  Page 2, line 12, by inserting after the word
  1 22 "application." the following:  "The person designated
  1 23 by the court shall file with the court a complete
  1 24 written report providing all details of the designee's
  1 25 conference with the person seeking the removal order,
  1 26 the designee's efforts to inform the parents or other
  1 27 person legally responsible for the child's care of the
  1 28 application, and any inquiries made by the designee to
  1 29 aid the court in disposing of the application."
  1 30    #4.  Page 3, by inserting after line 10 the
  1 31 following:
  1 32    "Sec. ___.  Section 232.99, Code 1997, is amended
  1 33 by adding the following new subsection:
  1 34    NEW SUBSECTION.  2A.  In the initial dispositional
  1 35 hearing, any hearing held under section 232.103, and
  1 36 any dispositional review or permanency hearing, the
  1 37 court shall inquire of the parties as to the
  1 38 sufficiency of the services being provided and whether
  1 39 additional services are needed to facilitate the safe
  1 40 return of the child to the child's home.  If the court
  1 41 determines such services are needed, the court shall
  1 42 order the services to be provided.  The court shall
  1 43 advise the parties that failure to identify a
  1 44 deficiency in services or to request additional
  1 45 services may preclude the party from challenging the
  1 46 sufficiency of the services in a termination of
  1 47 parent-child relationship proceeding.
  1 48    Sec. ___.  Section 232.102, subsection 1, paragraph
  1 49 a, Code Supplement 1997, is amended to read as
  1 50 follows:
  2  1    a.  A parent who does not have physical care of the
  2  2 child, other relative, or other suitable person."
  2  3    #5.  Page 3, by striking line 17 and inserting the
  2  4 following:  "welfare of the child, and that shall
  2  5 identify the reasonable efforts that have been".
  2  6    #6.  Page 3, by inserting after line 19 the
  2  7 following:
  2  8    "Sec. ___.  Section 232.102, subsection 7, Code
  2  9 Supplement 1997, is amended to read as follows:
  2 10    7.  In any order transferring custody to the
  2 11 department or an agency, or in orders pursuant to a
  2 12 custody order, the court shall specify the nature and
  2 13 category of disposition which will serve the best
  2 14 interests of the child, and shall prescribe the means
  2 15 by which the placement shall be monitored by the
  2 16 court.  If the court orders the transfer of the
  2 17 custody of the child to the department of human
  2 18 services or other agency for placement, the department
  2 19 or agency shall submit a case permanency plan to the
  2 20 court and shall make every reasonable effort to return
  2 21 the child to the child's home as quickly as possible
  2 22 consistent with the best interest of the child.  When
  2 23 the child is not returned to the child's home and if
  2 24 the child has been previously placed in a licensed
  2 25 foster care facility, the department or agency shall
  2 26 consider placing the child in the same licensed foster
  2 27 care facility.  If the court orders the transfer of
  2 28 custody to a parent who does not have physical care of
  2 29 the child, other relative, or other suitable person,
  2 30 the court may direct the department or other agency to
  2 31 provide services to the child's parent, guardian, or
  2 32 custodian in order to enable them to resume custody of
  2 33 the child.  If the court orders the transfer of
  2 34 custody to the department of human services or to
  2 35 another agency for placement in foster group care, the
  2 36 department or agency shall make every reasonable
  2 37 effort to place the child within Iowa, in the least
  2 38 restrictive, most family-like, and most appropriate
  2 39 setting available, and in close proximity to the
  2 40 parents' home, consistent with the child's best
  2 41 interests and special needs, and shall consider the
  2 42 placement's proximity to the school in which the child
  2 43 is enrolled at the time of placement."
  2 44    #7.  Page 8, line 11, by inserting after the word
  2 45 "child." the following:  "A compelling reason shall
  2 46 include but is not limited to documentation in the
  2 47 child's case permanency plan indicating it is
  2 48 reasonably likely the completion of the services being
  2 49 received in accordance with the permanency plan will
  2 50 eliminate the need for removal of the child or make it
  3  1 possible for the child to safely return to the
  3  2 family's home within six months."
  3  3    #8.  Page 8, by inserting before line 18 the
  3  4 following:
  3  5    "Sec. ___.  Section 232.111, subsection 3, Code
  3  6 1997, is amended by adding the following new paragraph
  3  7 after paragraph d and renumbering the subsequent
  3  8 paragraph:
  3  9    NEW PARAGRAPH.  e.  A complete list of the services
  3 10 which have been offered to preserve the family and a
  3 11 statement specifying the services provided to address
  3 12 the reasons stated in any order for removal or in any
  3 13 dispositional or permanency order which did not return
  3 14 the child to the child's home."
  3 15    #9.  Page 8, by inserting before line 25 the
  3 16 following:
  3 17    "Sec. ___.  Section 232.117, subsection 3,
  3 18 paragraph c, Code 1997, is amended to read as follows:
  3 19    c.  A parent who does not have physical care of the
  3 20 child, other relative, or other suitable person."
  3 21    #10.  By renumbering, relettering, or redesignating
  3 22 and correcting internal references as necessary.  
  3 23 
  3 24 
  3 25                               
  3 26 BODDICKER of Cedar 
  3 27 
  3 28 
  3 29                               
  3 30 FALLON of Polk 
  3 31 SF 2345.510 77
  3 32 jp/jw/28
     

Text: H09258                            Text: H09260
Text: H09200 - H09299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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