Text: HF00145 Text: HF00147 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.2, subsection 12, Code 1997, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. c. The violation of the statutory 1 4 compulsory attendance age requirement or the attendance policy 1 5 of a public or an accredited nonpublic school by a child who 1 6 has reached the age of twelve and is under the age of sixteen 1 7 and who has run away from home to avoid attending school or is 1 8 refusing to attend school, or who has been deemed truant under 1 9 section 299.8 six or more school days in one semester, where 1 10 the child's parent, guardian, or legal or actual custodian and 1 11 the school in which the child is enrolled have made every 1 12 reasonable effort to cause the child to attend school. This 1 13 provision shall not apply to a child attending a nonaccredited 1 14 nonpublic school or receiving competent private instruction. 1 15 Sec. 2. NEW SECTION. 232.52B DISPOSITION OF DELINQUENT 1 16 TRUANTS. 1 17 Notwithstanding section 232.52, if the evidence received at 1 18 an adjudicatory or dispositional hearing indicates that the 1 19 child is a delinquent truant as provided under section 232.2, 1 20 subsection 12, paragraph "c", the court shall order the child 1 21 to perform unpaid community service at a nonprofit 1 22 organization exempt from federal income taxation under section 1 23 501(c)(3) of the Internal Revenue Code. If the child fails to 1 24 perform the unpaid community service as ordered under this 1 25 section, the court may modify the order to include any of the 1 26 dispositional alternatives in section 232.52, with the 1 27 exception of secure custody. 1 28 Sec. 3. NEW SECTION. 239.11 ASSISTANCE REDUCTION FOR 1 29 TRUANCY. 1 30 The superintendent of a school district, the authorities in 1 31 charge of a nonpublic school, or a school truancy officer may 1 32 request and receive information from the department of human 1 33 services indicating whether a child who is under the age of 1 34 twelve and who may be truant as defined in section 299.8 has a 1 35 parent, guardian, or legal or actual custodian who is 2 1 participating in the family investment program or who 2 2 otherwise receives federal temporary assistance for needy 2 3 family program funds. If referral of the truancy matter to 2 4 the county attorney pursuant to section 299.5A does not assure 2 5 the child's attendance, the superintendent, authorities, or 2 6 school truancy officer may notify the department of the 2 7 truancy matter and the department may apply a sanction to the 2 8 parent. The sanction shall be to reduce the amount of the 2 9 grant paid to the child's family under the family investment 2 10 program by reducing by one the family size used to compute the 2 11 grant amount. The sanction shall continue until the truancy 2 12 matter is resolved. 2 13 However, the provisions of this section shall not apply if 2 14 a parent, guardian, or legal or actual custodian of a child 2 15 who is truant has made reasonable efforts to comply with the 2 16 provisions of sections 299.1 through 299.5, but is unable to 2 17 cause the child to attend school and files with the department 2 18 an affidavit listing the reasonable efforts made by the 2 19 parent, guardian, or legal or actual custodian to cause the 2 20 child's attendance. 2 21 Sec. 4. Section 299.5A, unnumbered paragraphs 1, 4, and 5, 2 22 Code 1997, are amended to read as follows: 2 23 If a child is truant as defined in section 299.8, school 2 24 officers shall make a good faith effort to notify the child's 2 25 parent, guardian, or legal or actual custodian of the truancy, 2 26 including but not limited to sending a letter by certified 2 27 mail, a copy of which the school shall keep on file, to the 2 28 parent, guardian, or legal or actual custodian. School 2 29 officers shall also attempt to find the cause for the child's 2 30 absence and use every means available to the school to assure 2 31 that the child does attend. If the parent, guardian, or legal 2 32 or actual custodian, or child refuses to accept the school's 2 33 attempt to assure the child's attendance or the school's 2 34 attempt to assure the child's attendance is otherwise 2 35 unsuccessful, the truancy officer shall refer the matter to 3 1 the county attorney for mediationor, prosecution, or the 3 2 filing of a petition in a civil action brought under section 3 3 299.6A. If the child is under the age of twelve, the county 3 4 attorney shall also contact the department of human services 3 5 to request information indicating whether the child has a 3 6 parent, guardian, or legal or actual custodian who is 3 7 participating in the family investment program under chapter 3 8 239. 3 9 The school district shall be responsible for monitoring any 3 10 agreements arrived at through mediation. If a parent, 3 11 guardian, or legal or actual custodian refuses to engage in 3 12 mediation or violates a term of the agreement, the matter 3 13 shall be rereferred to the county attorney for prosecution 3 14 under section 299.6 or the filing of a petition under section 3 15 299.6A. The county attorney's office or the mediation service 3 16 shall require the parent, guardian, or legal or actual 3 17 custodian and the school to pay a fee to help defray the 3 18 administrative cost of mediation services. The county 3 19 attorney's office or the mediation service shall establish a 3 20 sliding scale of fees to be charged parents, guardians, and 3 21 legal or actual custodians based upon ability to pay. A 3 22 parent, guardian, or legal or actual custodian shall not be 3 23 denied the services of a mediator solely because of inability 3 24 to pay the fee. 3 25 The mediator may refer a truant to the juvenile court if 3 26 mediation breaks down without an agreement being reached. If 3 27 the child is under the age of twelve and mediation does not 3 28 result in the child's school attendance, and the school has 3 29 determined that the child's parent, guardian, or legal or 3 30 actual custodian is participating in the family investment 3 31 program under chapter 239, school officials shall notify the 3 32 department of human services, which shall institute any 3 33 appropriate action. 3 34 Sec. 5. Section 299.6, unnumbered paragraph 1, Code 1997, 3 35 is amended to read as follows: 4 1AnyA person who violates a mediation agreement under 4 2 section 299.5A, who is referred for prosecution under section 4 3 299.5A and is convicted of a violation of any of the 4 4 provisions of sections 299.1 through 299.5, who violates any 4 5 of the provisions of sections 299.1 through 299.5, or who 4 6 refuses to participate in mediation under section 299.5A, for 4 7 a first offense, is guilty of a simple misdemeanor. A person 4 8 who violates a provision of section 299.17, for a first 4 9 offense, is guilty of a simple misdemeanor. 4 10 Sec. 6. NEW SECTION. 299.6A CIVIL PENALTY – 4 11 DISTRIBUTION OF FUNDS. 4 12 1. In lieu of proceeding under section 299.6, a county 4 13 attorney may bring a civil action against a parent, guardian, 4 14 or legal or actual custodian of a child who is of compulsory 4 15 attendance age, if the child is under the age of twelve and is 4 16 truant, if the parent, guardian, or legal or actual custodian 4 17 has failed to cause the child to attend a public school, an 4 18 accredited nonpublic school, or competent private instruction 4 19 in the manner provided in this chapter. If the court finds 4 20 that the parent, guardian, or legal or actual custodian has 4 21 failed to cause the child to attend as required in this 4 22 section, the court shall assess a civil penalty of not less 4 23 than one hundred but not more than one thousand dollars, for 4 24 each violation established. 4 25 2. Funds received from civil penalties assessed pursuant 4 26 to this section shall be paid to the school district of 4 27 residence of the person against whom the court assessed the 4 28 penalty. The school district shall use moneys received under 4 29 this subsection to support programs for students who meet the 4 30 definition of at-risk children adopted by the department of 4 31 education. 4 32 Sec. 7. NEW SECTION. 299.17 AID, SUPPORT, OR SHELTER OF 4 33 TRUANT PROHIBITED. 4 34 A person other than a child's parent, guardian, legal or 4 35 actual custodian shall not knowingly provide aid, support, or 5 1 shelter during the school day to a child who is truant as 5 2 defined in section 299.8. However, this section does not 5 3 apply to a shelter home licensed or approved by the department 5 4 of human services. 5 5 Sec. 8. Section 710.8, subsection 2, Code 1997, is amended 5 6 to read as follows: 5 7 2. A person shall not harbor a runaway child with the in- 5 8 tent of committing a criminal act involving the child or with 5 9 the intent of enticing or forcing the runaway child to commit 5 10 a criminal act. A person convicted of a violation of this 5 11 subsection is guilty of an aggravated misdemeanor. 5 12 Sec. 9. Section 710.8, subsections 3 and 4, Code 1997, are 5 13 amended by striking the subsections and inserting in lieu 5 14 thereof the following: 5 15 3. A person other than a child's parent, guardian, or 5 16 legal or actual custodian shall not harbor a runaway child. 5 17 However, the provisions of this subsection do not apply to a 5 18 shelter home licensed or approved by the department of human 5 19 services. A person convicted of a violation of this 5 20 subsection is guilty of a simple misdemeanor. 5 21 Sec. 10. CONDITIONAL EFFECTIVE DATE. Sections 1, 2, and 4 5 22 of this Act shall not take effect unless an appropriation is 5 23 made which complies with section 25B.2, subsection 3. 5 24 EXPLANATION 5 25 The bill contains provisions that tie the truancy of a 5 26 child under the age of 12 to the aid a child's parent or 5 27 guardian receives under the family investment program or any 5 28 other federal temporary assistance for needy family program, 5 29 and provides penalties for providing aid, support, or shelter 5 30 to runaway children. 5 31 Under the bill, if a child is determined to be truant, 5 32 school officers shall make a good faith effort to notify the 5 33 child's parent, guardian, or legal or actual custodian of the 5 34 truancy. Notification shall include sending a certified 5 35 letter, a copy of which the school shall keep on file. School 6 1 officers may request and receive information from the 6 2 department of human services indicating whether a child under 6 3 the age of 12 who may be truant has a parent, guardian, or 6 4 legal or actual custodian participating in the family 6 5 investment program or any other federal temporary assistance 6 6 for needy family program. If referral to the county attorney 6 7 for mediation does not result in the child's school 6 8 attendance, school officials may notify the department of 6 9 human services of the truancy and the department may reduce 6 10 the recipient's aid by reducing by one the family size used to 6 11 compute the amount of aid. 6 12 The bill provides that a child deemed truant who is between 6 13 the ages of 12 and 16 commits a delinquent act, and the court 6 14 is directed to order the child to perform unpaid community 6 15 service. If the child fails to perform the community service 6 16 ordered, the court may modify the order to include any of the 6 17 dispositional alternatives currently in the Code, with the 6 18 exception of secure custody. 6 19 The bill also provides a county attorney with the option of 6 20 bringing a civil action, in lieu of criminal prosecution, 6 21 against the parent, guardian, or legal or actual custodian of 6 22 a child deemed truant. If the court, under the bill, finds 6 23 for the prosecution, the civil penalty assessed shall be 6 24 between $100 and $1,000 for each violation established. 6 25 Under the bill a person other than the child's parent, 6 26 guardian, or legal or actual custodian shall not knowingly 6 27 provide aid, support, or shelter during the school day to a 6 28 child who is truant. A person who violates this provision is 6 29 guilty of a simple misdemeanor for the first offense. 6 30 Punishments and fines for subsequent offenses are provided for 6 31 in Code section 299.6. 6 32 The Code prohibits a person from harboring a runaway and 6 33 the bill establishes that a person convicted of harboring a 6 34 runaway is guilty of a simple misdemeanor. The Code defines a 6 35 runaway child as a person under 18 years of age who is 7 1 voluntarily absent from the person's home without the consent 7 2 of the parent, guardian, or custodian. 7 3 The bill may create a state mandate under chapter 25B. The 7 4 provisions, requiring a school to notify a parent of a truancy 7 5 by letter and the county attorney to contact the department of 7 6 human services, that provide a child between the ages of 12 7 7 and 16 commits a delinquent act when deemed truant, and 7 8 provide a penalty for that delinquent act, shall not take 7 9 effect unless the general assembly appropriates an amount 7 10 sufficient under section 25B.2, subsection 3, to fully fund 7 11 the cost of the bill or fund the state's proportionate share 7 12 of the cost. 7 13 LSB 1387YH 77 7 14 kh/cf/24
Text: HF00145 Text: HF00147 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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