Text: HSB00683                          Text: HSB00685
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 684

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.48, subsection 2, Code 1997, is
  1  2 amended by adding the following new paragraph after paragraph
  1  3 "c" and relettering the subsequent paragraph:
  1  4    NEW PARAGRAPH.  d.  The information required by section
  1  5 232.144, if the report recommends placement of the child in
  1  6 group foster care.
  1  7    Sec. 2.  Section 232.52, subsection 2A, Code Supplement
  1  8 1997, is amended to read as follows:
  1  9    2A.  Notwithstanding subsection 2, the court shall not
  1 10 order group foster care placement of the child which is a
  1 11 charge upon the state if that placement is not in accordance
  1 12 with the regional plan for group foster care established
  1 13 pursuant to section 232.143 for the departmental region in
  1 14 which the court is located.  In addition, the order is subject
  1 15 to the requirements of section 232.144.
  1 16    Sec. 3.  Section 232.97, Code 1997, is amended by adding
  1 17 the following new subsection:
  1 18    NEW SUBSECTION.  1A.  If the social report recommends
  1 19 placement of the child in group foster care, the report shall
  1 20 contain the information required by section 232.144.
  1 21    Sec. 4.  Section 232.99, subsection 4, Code 1997, is
  1 22 amended to read as follows:
  1 23    4.  The court shall make and file written findings as to
  1 24 its reason for the disposition.  A group foster care placement
  1 25 disposition is subject to the requirements of section 232.102,
  1 26 subsection 1A.
  1 27    Sec. 5.  Section 232.102, subsection 1A, Code Supplement
  1 28 1997, is amended to read as follows:
  1 29    1A.  The court shall not order group foster care placement
  1 30 of the child which is a charge upon the state if that
  1 31 placement is not in accordance with the regional plan for
  1 32 group foster care established pursuant to section 232.143 for
  1 33 the departmental region in which the court is located.  In
  1 34 addition, the order is subject to the requirements of section
  1 35 232.144.
  2  1    Sec. 6.  Section 232.102, subsection 8, paragraphs a, b,
  2  2 and c, Code Supplement 1997, are amended to read as follows:
  2  3    a.  The initial dispositional review hearing for a child
  2  4 placed in group foster care shall not be waived or continued
  2  5 beyond three months after the date of the dispositional
  2  6 hearing.  For any other placement, the initial dispositional
  2  7 review hearing shall not be waived or continued beyond six
  2  8 months after the date of the dispositional hearing.
  2  9    b.  Subsequent Any subsequent dispositional review hearings
  2 10 hearing shall not be waived or continued beyond twelve months
  2 11 after the date of the most recent dispositional review hearing
  2 12 a permanency hearing in accordance with section 232.104.
  2 13    c.  For purposes of this subsection, a hearing held
  2 14 pursuant to section 232.103 or 232.104 satisfies the
  2 15 requirements for an initial dispositional review or subsequent
  2 16 dispositional review permanency hearing.
  2 17    Sec. 7.  Section 232.104, subsection 1, Code 1997, is
  2 18 amended to read as follows:
  2 19    1.  a.  If a child has been placed in foster care for a
  2 20 period of twelve months, or if the prior legal custodian of a
  2 21 child has abandoned efforts to regain custody of the child,
  2 22 the court shall, on its own motion, or upon application by any
  2 23 interested party, including the child's foster parent if the
  2 24 child has been placed with the foster parent for at least
  2 25 twelve months, hold a hearing to consider the issue of the
  2 26 establishment of permanency for the child.  The time for the
  2 27 initial permanency hearing for a child subject to out-of-home
  2 28 placement shall be the earlier of the following:
  2 29    (1)  For a temporary removal order entered under section
  2 30 232.78, 232.95, or 232.96, or for a child who was removed
  2 31 without a court order under section 232.79, the permanency
  2 32 hearing shall be held within fourteen months of the date the
  2 33 child was removed from the home.
  2 34    (2)  For an order entered under section 232.102, for the
  2 35 placement of the child in group foster care, the permanency
  3  1 hearing shall be held within three months of the date of the
  3  2 dispositional order and the continued placement of the child
  3  3 is subject to the requirements of section 232.144.
  3  4    (3)  For any other order entered under section 232.102 for
  3  5 an out-of-home placement, the permanency hearing shall be held
  3  6 within twelve months of the date of the dispositional hearing.
  3  7    b.  Such a The permanency hearing may be held concurrently
  3  8 with a hearing under section 232.103 to review, modify,
  3  9 substitute, vacate, or terminate a dispositional order.
  3 10    c.  Reasonable notice of a permanency hearing in a case of
  3 11 juvenile delinquency shall be provided pursuant to section
  3 12 232.37.  A permanency hearing shall be conducted in
  3 13 substantial conformance with the provisions of section 232.99.
  3 14 During the hearing the court shall consider the child's need
  3 15 for a secure and permanent placement in light of any
  3 16 permanency plan or evidence submitted to the court.  Upon
  3 17 completion of the hearing the court shall enter written
  3 18 findings and make a determination based upon the permanency
  3 19 plan which will best serve the child's individual interests at
  3 20 that time.
  3 21    Sec. 8.  Section 232.104, subsection 2, paragraph b, Code
  3 22 1997, is amended to read as follows:
  3 23    b.  Enter an order pursuant to section 232.102 to continue
  3 24 placement of the child for an additional six months at which
  3 25 time the court shall hold a hearing to consider modification
  3 26 of its permanency order.  For an order pursuant to section
  3 27 232.102 to continue placement of the child in group foster
  3 28 care, the duration of the order shall be limited to three
  3 29 months.  An order entered under this paragraph shall enumerate
  3 30 the specific factors, conditions, or expected behavioral
  3 31 changes which comprise the basis for the determination that
  3 32 the need for removal of the child from the child's home will
  3 33 no longer exist at the end of the additional six-month period.
  3 34    Sec. 9.  Section 232.104, subsection 6, Code 1997, is
  3 35 amended to read as follows:
  4  1    6.  a.  Following an initial permanency hearing and the
  4  2 entry of a permanency order which places a child in group
  4  3 foster care, the court shall retain jurisdiction and shall
  4  4 review the order every three months to ascertain whether the
  4  5 child is eligible for continued placement under section
  4  6 232.144.  The review shall be in a hearing which shall not be
  4  7 waived or continued beyond three months after the initial or
  4  8 the last permanency review hearing.
  4  9    b.  Following For any other permanency order following an
  4 10 initial permanency hearing and the entry of a permanency order
  4 11 which places a child in the custody or guardianship of another
  4 12 person or agency, the court shall retain jurisdiction and
  4 13 annually review the order to ascertain whether the best
  4 14 interest of the child is being served.  When such order places
  4 15 the child in the custody of the department for the purpose of
  4 16 long-term foster care placement in a facility, the The review
  4 17 shall be in a hearing that shall not be waived or continued
  4 18 beyond twelve months after the initial permanency hearing or
  4 19 the last permanency review hearing.
  4 20    c.  Any modification of a permanency order shall be
  4 21 accomplished through a hearing procedure following reasonable
  4 22 notice.  During the hearing, all relevant and material
  4 23 evidence shall be admitted and procedural due process shall be
  4 24 provided to all parties.
  4 25    Sec. 10.  Section 232.117, subsection 3A, Code 1997, is
  4 26 amended to read as follows:
  4 27    3A.  The court shall not order group foster care placement
  4 28 of the child which is a charge upon the state if that
  4 29 placement is not in accordance with the regional plan for
  4 30 group foster care established pursuant to section 232.143 for
  4 31 the departmental region in which the court is located.  In
  4 32 addition, the order is subject to the requirements of section
  4 33 232.144.
  4 34    Sec. 11.  Section 232.127, subsection 8, Code 1997, is
  4 35 amended to read as follows:
  5  1    8.  The court shall not order group foster care placement
  5  2 of the child which is a charge upon the state if that
  5  3 placement is not in accordance with the regional plan for
  5  4 group foster care established pursuant to section 232.143 for
  5  5 the departmental region in which the court is located.  In
  5  6 addition, the order is subject to the requirements of section
  5  7 232.144.
  5  8    Sec. 12.  NEW SECTION.  232.144  GROUP FOSTER CARE
  5  9 PLACEMENT ORDERS.
  5 10    1.  For the purposes of this section, "community-based
  5 11 services" means services to assure the proper care, treatment,
  5 12 and protection of a child and permit the child to remain in
  5 13 the child's home, in the home of a relative or other suitable
  5 14 person, or in family foster care.
  5 15    2.  In addition to other requirements under law, an order
  5 16 for a group foster care placement shall require the court to
  5 17 find by clear and convincing evidence that appropriate
  5 18 community-based services for the child are not available or
  5 19 could not be made available within a reasonable period of
  5 20 time, or the per diem cost of the community-based services
  5 21 would exceed the per diem cost of a group foster care
  5 22 placement that would otherwise be available to the child.  If
  5 23 the court finds that appropriate community-based services are
  5 24 available for the child or could be made available in a
  5 25 reasonable period of time, the court shall order the
  5 26 department or juvenile court services to provide the services
  5 27 and shall not order the child to be placed in group foster
  5 28 care.
  5 29    3.  A predisposition investigation and report prepared
  5 30 under section 232.48, a social investigation and report
  5 31 prepared under section 232.97, or a social history report
  5 32 prepared under section 232.181, providing a recommendation for
  5 33 placement of a child in group foster care, shall include all
  5 34 of the following information:
  5 35    a.  The per diem cost of the appropriate foster care
  6  1 placement available to the child.
  6  2    b.  A list of community-based services that would be
  6  3 available or could be made available to the child, the child's
  6  4 family, a relative or other suitable person, or a family
  6  5 foster care home.  In addition, the per diem cost of the
  6  6 services shall be provided in the recommendation.
  6  7    Sec. 13.  Section 232.181, Code 1997, is amended to read as
  6  8 follows:
  6  9    232.181  SOCIAL HISTORY REPORT.
  6 10    Upon the filing of a petition, the department shall submit
  6 11 a social history report regarding the child and the child's
  6 12 family.  The report shall include a description of the child's
  6 13 disability and resultant functional limitations, the case
  6 14 permanency plan, a description of the proposed foster care
  6 15 placement, and a description of family participation in
  6 16 developing the child's case permanency plan and the commitment
  6 17 of the parent, guardian, or custodian in fulfilling the
  6 18 responsibilities defined in the plan.  If the report
  6 19 recommends placement of the child in group foster care, the
  6 20 report shall contain the information required by section
  6 21 232.144.
  6 22    Sec. 14.  Section 232.182, subsection 7, Code 1997, is
  6 23 amended to read as follows:
  6 24    7.  The court shall not order group foster care placement
  6 25 of the child which is a charge upon the state if that
  6 26 placement is not in accordance with the regional plan for
  6 27 group foster care established pursuant to section 232.143 for
  6 28 the departmental region in which the court is located.  In
  6 29 addition, the order is subject to the requirements of section
  6 30 232.144.  
  6 31                           EXPLANATION
  6 32    This bill applies requirements to group foster care
  6 33 placements.  The bill amends current law restricting group
  6 34 foster care placement dispositions by applying new
  6 35 requirements under new Code section 232.144.  In addition, the
  7  1 bill applies additional requirements for predisposition
  7  2 reports that recommend group foster care placement of a child,
  7  3 and requires more frequent dispositional review by the court.
  7  4    New Code section 232.144 includes a new definition of
  7  5 "community-based services", to assure the proper care,
  7  6 treatment, and protection of a child and permit the child to
  7  7 remain in the child's home, in the home of a relative or other
  7  8 suitable person, or in family foster care.  In order for the
  7  9 court to order group foster care placement, the bill requires
  7 10 the court to find by clear and convincing evidence that an
  7 11 appropriate community-based services placement is not
  7 12 available or could not be made available in a reasonable
  7 13 period of time, or the daily cost of the community-based
  7 14 services exceeds the daily cost of the group foster care
  7 15 placement.  If the court determines an appropriate community-
  7 16 based placement is available or could be made available in a
  7 17 reasonable period of time, the court is required to order the
  7 18 department of human services or juvenile court services to
  7 19 provide the services.
  7 20    New Code section 232.144 also requires predisposition
  7 21 reports recommending group foster care placement to address
  7 22 daily costs and possible daily costs.  The predisposition
  7 23 report requirements are applied to Code section 232.48,
  7 24 relating to the predisposition investigation and report
  7 25 involving an adjudication of delinquency; Code section 232.97,
  7 26 relating to predisposition social report and investigation
  7 27 involving an adjudication of a child in need of assistance;
  7 28 and Code section 232.181, relating to a social history report
  7 29 involving the voluntary placement of a child with mental
  7 30 retardation or other developmental disability.
  7 31    The required findings for group foster care placement apply
  7 32 to the following Code sections:  Code section 232.52, relating
  7 33 to delinquency dispositions; Code section 232.99, relating to
  7 34 child in need of assistance dispositions; Code section
  7 35 232.102, relating to child in need of assistance placements;
  8  1 Code section 232.117, relating to termination of parental
  8  2 rights dispositions; Code section 232.127, relating to family
  8  3 in need of assistance dispositions; and Code section 232.182,
  8  4 relating to voluntary placements of children with mental
  8  5 retardation or other developmental disability.
  8  6    Code section 232.104, relating to permanency hearings, is
  8  7 amended to revise the time limits for holding the hearings.
  8  8 Under the bill, the initial hearing for a child removed under
  8  9 an ex parte court order, without a court order, or under
  8 10 temporary removal orders must be held within 14 months of the
  8 11 removal.  For removal orders under Code section 232.102, in
  8 12 which the court ordered group foster care, the hearing must be
  8 13 held every three months.  Code section 232.102 is also amended
  8 14 to provide that a permanency order for group foster care
  8 15 placement is limited to three months' duration rather than six
  8 16 months.  For other out-of-home placement orders under Code
  8 17 section 232.102, the hearing must be held every 12 months.  
  8 18 LSB 4331HC 77
  8 19 jp/cf/24
     

Text: HSB00683                          Text: HSB00685
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 1998 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Feb 25 03:45:14 CST 1998
URL: /DOCS/GA/77GA/Legislation/HSB/00600/HSB00684/980224.html
jhf