Text: HF00375 Text: HF00377 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 376 1 2 1 3 AN ACT 1 4 RELATING TO CHILD WELFARE PROVISIONS INVOLVING JUVENILE 1 5 JUSTICE DISPOSITIONAL ORDERS, HEARINGS, AND PLACEMENTS 1 6 AND PROVIDING AN EFFECTIVE DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 232.50, subsection 2, Code 1997, is 1 11 amended to read as follows: 1 12 2. The court shall hold a periodic dispositional review 1 13 hearing for each child in placement pursuant to section 1 14 232.52, subsection 2, paragraph "d" or "e", to determine the 1 15 future disposition status of the child. The hearings shall 1 16 not be waived or continued beyondeighteentwelve months after 1 17 the last dispositional hearing or dispositional review 1 18 hearing. 1 19 Sec. 2. Section 232.52, subsection 7, Code 1997, is 1 20 amended to read as follows: 1 21 7. If the court orders the transfer of the custody of the 1 22 child to the department of human services or to another agency 1 23 for placement in foster group care, the department or agency 1 24 shall make every reasonable effort to place the child within 1 25 the state, in the least restrictive, most family-like, and 1 26 most appropriate setting available and in close proximity to 1 27 the parents' home, consistent with the child's best interests 1 28 and special needs, and shall consider the placement's 1 29 proximity to the school in which the child is enrolled at the 1 30 time of placement. 1 31 Sec. 3. Section 232.89, subsection 1, Code 1997, is 1 32 amended to read as follows: 1 33 1. Upon the filing of a petition the parent, guardian, or 1 34 custodian identified in the petition shall have the right to 1 35 counsel in connection with all subsequent hearings and 2 1 proceedings. If that person desires but is financially unable 2 2 to employ counsel, the court shall appoint counsel.However,2 3an incarcerated parent without legal custody shall not have2 4the right to counsel.2 5 Sec. 4. Section 232.101, subsection 2, Code 1997, is 2 6 amended to read as follows: 2 7 2. The duration of any period of supervision or other 2 8 terms or conditions shall be for an initial period of no more 2 9 thaneighteentwelve months and the court, at the expiration 2 10 of that period, upon a hearing and for good cause shown, may 2 11 make not more than two successive extensions of such 2 12 supervision or other terms or conditions of up to twelve 2 13 months each. 2 14 Sec. 5. Section 232.102, subsection 7, Code 1997, is 2 15 amended to read as follows: 2 16 7. In any order transferring custody to the department or 2 17 an agency, or in orders pursuant to a custody order, the court 2 18 shall specify the nature and category of disposition which 2 19 will serve the best interests of the child, and shall 2 20 prescribe the means by which the placement shall be monitored 2 21 by the court. If the court orders the transfer of the custody 2 22 of the child to the department of human services or other 2 23 agency for placement, the department or agency shall submit a 2 24 case permanency plan to the court and shall make every 2 25 reasonable effort to return the child to the child's home as 2 26 quickly as possible consistent with the best interest of the 2 27 child. When the child is not returned to the child's home and 2 28 if the child has been previously placed in a licensed foster 2 29 care facility, the department or agency shall consider placing 2 30 the child in the same licensed foster care facility. If the 2 31 court orders the transfer of custody to a relative or other 2 32 suitable person, the court may direct the department or other 2 33 agency to provide services to the child's parent, guardian, or 2 34 custodian in order to enable them to resume custody of the 2 35 child. If the court orders the transfer of custody to the 3 1 department of human services or to another agency for 3 2 placement in foster group care, the department or agency shall 3 3 make every reasonable effort to place the child within Iowa, 3 4 in the least restrictive, most family-like, and most 3 5 appropriate setting available, and in close proximity to the 3 6 parents' home, consistent with the child's best interests and 3 7 special needs, and shall consider the placement's proximity to 3 8 the school in which the child is enrolled at the time of 3 9 placement. 3 10 Sec. 6. Section 232.163, Code 1997, is amended to read as 3 11 follows: 3 12 232.163 VISITATION, INSPECTION OR SUPERVISION. 3 13 1. Any requirements for visitation, inspection, or 3 14 supervision of children, homes, institutions, or other 3 15 agencies in another party state which may apply under the 3 16 provisions of this chapter shall be deemed to be met if 3 17 performed pursuant to an agreement entered into by appropriate 3 18 officers or agencies of this state or a subdivisionthereofof 3 19 this state as contemplated by paragraph "b" of article V of 3 20 the interstate compact on the placement of children. 3 21 2. If a child is placed outside the residency state of the 3 22 child's parent, the placement agency shall provide for a 3 23 designee to visit the child at least once every twelve months 3 24 and to submit a written report to the court concerning the 3 25 child and the visit. 3 26 Sec. 7. Section 232.175, Code 1997, is amended to read as 3 27 follows: 3 28 232.175 PLACEMENT OVERSIGHT. 3 29 Placement oversight shall be provided pursuant to this 3 30 division when the parent, guardian, or custodian of a child 3 31 with mental retardation or other developmental disability 3 32 requests placement of the child for a period of more than 3 33 thirty days. The oversight shall be provided through review 3 34 of the placement every six months by the department's foster 3 35 care review committees or by a local citizen foster care 4 1 review board. Court oversight shall be provided prior to the 4 2 initial placement and at periodic intervals which shall not 4 3 exceedeighteentwelve months. It is the purpose and policy 4 4 of this division to assure the existence of oversight 4 5 safeguards as required by the federal Child Welfare Act of 4 6 1980, Pub. L. No. 96-272, as codified in 42 U.S.C. } 4 7 671(a)(16), 627(a)(2)(B), and 675(1),(5), while maintaining 4 8 parental decision-making authority. 4 9 Sec. 8. Section 232.183, subsection 2, Code 1997, is 4 10 amended to read as follows: 4 11 2. The dispositional hearing shall be held withineighteen4 12 twelve months of the date the child was placed in foster care. 4 13 Sec. 9. Section 232.183, subsection 6, Code 1997, is 4 14 amended to read as follows: 4 15 6. With respect to each child whose placement was approved 4 16 pursuant to subsection 5, the court shall continue to hold 4 17 periodic dispositional hearings. The hearings shall not be 4 18 waived or continued beyondeighteentwelve months following 4 19 the last dispositional hearing. After a dispositional 4 20 hearing, the court shall enter one of the dispositional orders 4 21 authorized under subsection 5. 4 22 Sec. 10. Section 238.30, Code 1997, is repealed. 4 23 Sec. 11. EFFECTIVE DATE. Code section 232.89, as amended 4 24 by this Act, being deemed of immediate importance, takes 4 25 effect upon enactment. 4 26 4 27 4 28 4 29 RON J. CORBETT 4 30 Speaker of the House 4 31 4 32 4 33 4 34 MARY E. KRAMER 4 35 President of the Senate 5 1 5 2 I hereby certify that this bill originated in the House and 5 3 is known as House File 376, Seventy-seventh General Assembly. 5 4 5 5 5 6 5 7 ELIZABETH ISAACSON 5 8 Chief Clerk of the House 5 9 Approved , 1997 5 10 5 11 5 12 5 13 TERRY E. BRANSTAD 5 14 Governor
Text: HF00375 Text: HF00377 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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