Text: HSB00161 Text: HSB00163 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 232.2, Code 1997, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 42A. "Preadoptive care" means the
1 4 provision of parental nurturing on a full-time basis to a
1 5 child in foster care by a person who has signed a preadoptive
1 6 placement agreement with the department for the purposes of
1 7 proceeding with a legal adoption of the child. Parental
1 8 nurturing includes but is not limited to furnishing of food,
1 9 lodging, training, education, treatment, and other care.
1 10 Sec. 2. Section 232.117, Code 1997, is amended by adding
1 11 the following new subsection:
1 12 NEW SUBSECTION. 7A. a. If the court orders termination
1 13 of parental rights and transfers guardianship and custody
1 14 under subsection 3, the requirements of this subsection shall
1 15 apply. The guardian shall assist the child and any person who
1 16 has agreed to provide preadoptive care to the child to
1 17 negotiate, prepare, and enter into a written family rights
1 18 responsibilities plan and agreement. The parties to the
1 19 agreement shall include the child, the child's guardian, and
1 20 any person who has agreed to provide preadoptive care to the
1 21 child. The plan and agreement shall include the information
1 22 and elements required of a family rights and responsibilities
1 23 plan and agreement for a foster care placement under section
1 24 237.24. The plan and agreement shall apply until the child
1 25 has been adopted under law.
1 26 b. The parties to a plan and agreement entered into under
1 27 this subsection shall submit the plan and agreement for review
1 28 to the court having jurisdiction over the child. Upon
1 29 application of an interested party or upon the court's own
1 30 motion, after notice to the parties to the agreement, the
1 31 court may adopt, modify, or dissolve the plan and agreement.
1 32 The plan and agreement shall take effect in accordance with
1 33 the court's action and shall be incorporated as part of the
1 34 case planning for the child.
1 35 c. The court may delegate responsibility for reviewing a
2 1 family rights and responsibilities plan and agreement to the
2 2 state citizen foster care review board created in section
2 3 237.16. The state board shall prepare a report of its review
2 4 to the court. The report shall include findings and
2 5 recommendations concerning the sufficiency of the plan and
2 6 agreement and shall address the board's judgment as to whether
2 7 the parties concur with the terms of the plan and agreement.
2 8 Sec. 3. NEW SECTION. 237.24 FAMILY RIGHTS AND
2 9 RESPONSIBILITIES PLAN AND AGREEMENT.
2 10 1. An agency responsible for the placement of a child in
2 11 child foster care shall assist the child, the child's family,
2 12 and any agency or individual providing child foster care to
2 13 the child to negotiate and prepare a written family rights and
2 14 responsibilities plan and agreement in accordance with the
2 15 provisions of this section. The parties to the plan and
2 16 agreement shall include the agency responsible for the child's
2 17 placement, the child, the child's family, and any agency or
2 18 individual providing child foster care to the child.
2 19 2. A plan and agreement developed under this section shall
2 20 include but are not limited to provision of the following
2 21 information:
2 22 a. Identification of the parties to the agreement.
2 23 b. Identification of the persons who will participate in
2 24 parental decisions and the types of parental decisions
2 25 affected.
2 26 c. Identification of the individuals with authority to
2 27 make parental decisions and the types of parental decisions
2 28 affected.
2 29 d. Identification of how the costs of providing for the
2 30 child will be met.
2 31 e. Identification of the time period that has been agreed
2 32 to for carrying out the plan and agreement.
2 33 3. A plan and agreement developed under this section shall
2 34 include but are not limited to a description as to the means
2 35 by which the following elements will be provided for the
3 1 child:
3 2 a. Food.
3 3 b. Clothing.
3 4 c. Housing.
3 5 d. Education.
3 6 e. Medical care.
3 7 f. Dental care.
3 8 g. Mental health care.
3 9 h. Cultural activities.
3 10 i. Recreational activities.
3 11 j. Child day care.
3 12 k. Family activities.
3 13 l. Life skill training.
3 14 4. The parties to a plan and agreement entered into under
3 15 this section shall submit the plan and agreement for review to
3 16 the court having jurisdiction over the child. Upon
3 17 application of an interested party or upon the court's own
3 18 motion, after notice to the parties to the agreement, the
3 19 court may adopt, modify, or dissolve the plan and agreement.
3 20 The plan and agreement shall take effect in accordance with
3 21 the court's action and shall be incorporated as part of the
3 22 case permanency plan for the child.
3 23 EXPLANATION
3 24 This bill relates to placements for adoption and foster
3 25 care by providing for a family rights and responsibilities
3 26 plan and agreement.
3 27 Code section 232.2, the definitions section of the juvenile
3 28 justice code, is amended to add a definition of preadoptive
3 29 care.
3 30 Code section 232.117, relating to court orders for
3 31 termination of parental rights, is amended. The bill provides
3 32 for the guardian who is to place the child for adoption to
3 33 assist the child and person who provides preadoptive care to
3 34 the child to enter into a family rights and responsibilities
3 35 agreement and plan. The information and elements required to
4 1 be in a plan and agreement are similar as required for a
4 2 foster care placement outlined later in the bill. The plan
4 3 and agreement apply until the child is adopted under law. The
4 4 plan and agreement are to be submitted for court review. The
4 5 court may take a number of actions to revise or cancel the
4 6 plan and agreement which takes effect in accordance with the
4 7 court's action. The court may delegate its review to the
4 8 state citizen foster care review board.
4 9 New Code section 237.24 applies a similar plan and
4 10 agreement requirement to agencies and individuals providing
4 11 foster care to a child. The bill specifies information to be
4 12 included in the plan and agreement such as identification of
4 13 what parental decisions may be made and who will make the
4 14 decisions. In addition, the bill requires that various types
4 15 of care to be provided to the child are to be addressed.
4 16 Again, the plan and agreement are subject to court review and
4 17 approval and are to be incorporated into the case permanency
4 18 plan developed for the child.
4 19 LSB 2212HC 77
4 20 jp/jw/5
Text: HSB00161 Text: HSB00163 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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