Text: HSB00144 Text: HSB00146 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.50, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. The court shall hold a periodic dispositional review 1 4 hearing for each child in placement pursuant to section 1 5 232.52, subsection 2, paragraph "d" or "e"or 232.52A, to 1 6 determine the future disposition status of the child. The 1 7 hearings shall not be waived or continued beyondeighteen1 8 twelve months after the last dispositional hearing or 1 9 dispositional review hearing. 1 10 Sec. 2. Section 232.52, subsection 7, Code 1997, is 1 11 amended to read as follows: 1 12 7. If the court orders the transfer of the custody of the 1 13 child to the department of human services or to another agency 1 14 for placement in foster group care, the department or agency 1 15 shall make every reasonable effort to place the child within 1 16 the state, in the least restrictive, most family-like, and 1 17 most appropriate setting available and in close proximity to 1 18 the parents' home, consistent with the child's best interests 1 19 and special needs, and shall consider the placement's 1 20 proximity to the school in which the child is enrolled at the 1 21 time of placement. 1 22 Sec. 3. Section 232.53, subsection 1, Code 1997, is 1 23 amended to read as follows: 1 24 1.AnyExcept as otherwise provided in this section, a 1 25 dispositional order entered by the court pursuant to section 1 26 232.52 shall remain in forcefor an indeterminate period or1 27 until the child becomes eighteen years of age unless otherwise 1 28 specified by the court or unless sooner terminated pursuant to 1 29 the provisions of section 232.54.NoA dispositional order 1 30 made under section 232.52, subsection 2, paragraph "e" shall 1 31 not remain in force longer than the maximum possible duration 1 32 of the sentence which may be imposed on an adult for the 1 33 commission of the act which the child has been found by the 1 34 court to have committed. 1 35 Sec. 4. Section 232.89, subsection 1, Code 1997, is 2 1 amended to read as follows: 2 2 1. Upon the filing of a petition the parent, guardian, or 2 3 custodian identified in the petition shall have the right to 2 4 counsel in connection with all subsequent hearings and 2 5 proceedings. If that person desires but is financially unable 2 6 to employ counsel, the court shall appoint counsel.However,2 7an incarcerated parent without legal custody shall not have2 8the right to counsel.2 9 Sec. 5. Section 232.101, subsection 2, Code 1997, is 2 10 amended to read as follows: 2 11 2. The duration of any period of supervision or other 2 12 terms or conditions shall be for an initial period of no more 2 13 thaneighteentwelve months and the court, at the expiration 2 14 of that period, upon a hearing and for good cause shown, may 2 15 make not more than two successive extensions of such 2 16 supervision or other terms or conditions of up to twelve 2 17 months each. 2 18 Sec. 6. Section 232.102, subsection 7, Code 1997, is 2 19 amended to read as follows: 2 20 7. In any order transferring custody to the department or 2 21 an agency, or in orders pursuant to a custody order, the court 2 22 shall specify the nature and category of disposition which 2 23 will serve the best interests of the child, and shall 2 24 prescribe the means by which the placement shall be monitored 2 25 by the court. If the court orders the transfer of the custody 2 26 of the child to the department of human services or other 2 27 agency for placement, the department or agency shall submit a 2 28 case permanency plan to the court and shall make every 2 29 reasonable effort to return the child to the child's home as 2 30 quickly as possible consistent with the best interest of the 2 31 child. When the child is not returned to the child's home and 2 32 if the child has been previously placed in a licensed foster 2 33 care facility, the department or agency shall consider placing 2 34 the child in the same licensed foster care facility. If the 2 35 court orders the transfer of custody to a relative or other 3 1 suitable person, the court may direct the department or other 3 2 agency to provide services to the child's parent, guardian, or 3 3 custodian in order to enable them to resume custody of the 3 4 child. If the court orders the transfer of custody to the 3 5 department of human services or to another agency for 3 6 placement in foster group care, the department or agency shall 3 7 make every reasonable effort to place the child within Iowa, 3 8 in the least restrictive, most family-like, and most 3 9 appropriate setting available, and in close proximity to the 3 10 parents' home, consistent with the child's best interests and 3 11 special needs, and shall consider the placement's proximity to 3 12 the school in which the child is enrolled at the time of 3 13 placement. 3 14 Sec. 7. Section 232.163, Code 1997, is amended to read as 3 15 follows: 3 16 232.163 VISITATION, INSPECTION OR SUPERVISION. 3 17 1. Any requirements for visitation, inspection, or 3 18 supervision of children, homes, institutions, or other 3 19 agencies in another party state which may apply under the 3 20 provisions of this chapter shall be deemed to be met if 3 21 performed pursuant to an agreement entered into by appropriate 3 22 officers or agencies of this state or a subdivisionthereofof 3 23 this state as contemplated by paragraph "b" of article V of 3 24 the interstate compact on the placement of children. 3 25 2. If a child is placed outside the residency state of the 3 26 child's parent, the placement agency shall provide for a 3 27 designee to visit the child at lease once every twelve months 3 28 and to submit a written report to the court concerning the 3 29 child and the visit. 3 30 Sec. 8. Section 232.175, Code 1997, is amended to read as 3 31 follows: 3 32 232.175 PLACEMENT OVERSIGHT. 3 33 Placement oversight shall be provided pursuant to this 3 34 division when the parent, guardian, or custodian of a child 3 35 with mental retardation or other developmental disability 4 1 requests placement of the child for a period of more than 4 2 thirty days. The oversight shall be provided through review 4 3 of the placement every six months by the department's foster 4 4 care review committees or by a local citizen foster care 4 5 review board. Court oversight shall be provided prior to the 4 6 initial placement and at periodic intervals which shall not 4 7 exceedeighteentwelve months. It is the purpose and policy 4 8 of this division to assure the existence of oversight 4 9 safeguards as required by the federal Child Welfare Act of 4 10 1980, Pub. L. No. 96-272, as codified in 42 U.S.C. } 4 11 671(a)(16), 627(a)(2)(B), and 675(1),(5), while maintaining 4 12 parental decision-making authority. 4 13 Sec. 9. Section 232.183, subsection 2, Code 1997, is 4 14 amended to read as follows: 4 15 2. The dispositional hearing shall be held withineighteen4 16 twelve months of the date the child was placed in foster care. 4 17 Sec. 10. Section 232.183, subsection 6, Code 1997, is 4 18 amended to read as follows: 4 19 6. With respect to each child whose placement was approved 4 20 pursuant to subsection 5, the court shall continue to hold 4 21 periodic dispositional hearings. The hearings shall not be 4 22 waived or continued beyondeighteentwelve months following 4 23 the last dispositional hearing. After a dispositional 4 24 hearing, the court shall enter one of the dispositional orders 4 25 authorized under subsection 5. 4 26 Sec. 11. REPEAL. Section 238.30, Code 1997, is repealed. 4 27 Sec. 12. EFFECTIVE DATE. Section 4 of this Act, amending 4 28 Code section 232.89, being deemed of immediate importance, 4 29 takes effect upon enactment. 4 30 EXPLANATION 4 31 This bill relates to child welfare provisions involving 4 32 dispositional orders, hearings, and placements. 4 33 Code section 232.50, relating to dispositional hearings for 4 34 children found to have committed a delinquent act, is amended 4 35 to require a dispositional review hearing at least every 12 5 1 months for any kind of placement of a child. Under current 5 2 law, dispositional review hearings are required at least every 5 3 18 months for only the following types of placements: an 5 4 adult relative or other suitable adult, a child placement 5 5 agency or other suitable private agency or facility, the 5 6 department of human services for foster care placement, or the 5 7 department of human services for placement in the state 5 8 training school. 5 9 Code section 232.52, relating to dispositions of children 5 10 found to have committed a delinquent act, is amended to 5 11 require additional criteria to be used by the department of 5 12 human services or other agency in making a foster group care 5 13 placement. In addition to being the least restrictive 5 14 setting, the bill requires the placement to also be the most 5 15 family-like and most appropriate. 5 16 Code section 232.53, relating to the duration of 5 17 dispositional orders for children found to have committed a 5 18 delinquent act, is amended to strike language providing that 5 19 the order is in force for an indeterminate period. Language 5 20 remains limiting the duration until the child becomes 18 year 5 21 of age unless otherwise specified by the court or if 5 22 terminated sooner by a court action. 5 23 Code section 232.89, relating to the right to counsel for a 5 24 child in need of assistance proceeding, is amended to strike 5 25 language prohibiting the right to counsel for an incarcerated 5 26 parent without legal custody of the child. The stricken 5 27 language was enacted in 1996 Iowa Acts, chapter 1193 (H.F. 5 28 2458). This section takes effect upon enactment. 5 29 Code section 232.101, relating to child in need of 5 30 assistance court orders for supervised retention of custody of 5 31 a child by the parent, is amended. The amendment reduces from 5 32 18 months to 12 months the period of time for an initial court 5 33 order providing for the supervised retention of custody by the 5 34 parent. 5 35 Code section 232.102, relating to transfer of custody and 6 1 placement of a child found by the court to be in need of 6 2 assistance, is amended to require that additional criteria be 6 3 used by the department of human services or other agency in 6 4 making a foster group care placement. In addition to being 6 5 the least restrictive setting, the placement must also be the 6 6 most family-like and most appropriate setting. 6 7 Code section 232.163, part of the interstate compact on the 6 8 placement of children statute relating to visitation, 6 9 inspection, or supervision of a child in placement, is amended 6 10 concerning visitation of a child placed outside the state of 6 11 the parent's residency. The amendment requires the placement 6 12 agency to provide for a visit of the child and a report to the 6 13 court at least every 12 months. 6 14 Code section 232.175, relating to oversight of voluntary 6 15 foster care placement of a child with mental retardation or 6 16 other disability, is amended. The amendment reduces from 18 6 17 months to 12 months the time interval for periodic court 6 18 oversight. 6 19 Code section 232.183, relating to dispositional hearings 6 20 and orders for the voluntary foster care placement of a child 6 21 with a disability, is amended. The amendments reduce from 18 6 22 months to 12 months the time period authorized for the court 6 23 to hold a dispositional hearing concerning the initial 6 24 placement of the child in foster care and for periodic 6 25 dispositional hearings concerning a child in placement. 6 26 Code section 238.30, relating to reports by child-placing 6 27 agencies concerning children placed by the agencies, is 6 28 repealed. The repealed section requires monthly reports with 6 29 names of the children placed and of the persons with whom the 6 30 placements were made. 6 31 LSB 1109DP 77 6 32 jp/jj/8
Text: HSB00144 Text: HSB00146 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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