Text: HSB00683 Text: HSB00685 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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.SubsequentAny subsequent dispositional reviewhearings2 10 hearing shallnotbewaived or continued beyond twelve months2 11after the date of the most recent dispositional review hearing2 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 232.103or 232.104satisfies the 2 15 requirements for an initial dispositional review or subsequent 2 16dispositional reviewpermanency 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 a2 20period of twelve months, or if the prior legal custodian of a2 21child has abandoned efforts to regain custody of the child,2 22the court shall, on its own motion, or upon application by any2 23interested party, including the child's foster parent if the2 24child has been placed with the foster parent for at least2 25twelve months, hold a hearing to consider the issue of the2 26establishment 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 aThe 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.FollowingFor 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 places4 15the child in the custody of the department for the purpose of4 16long-term foster care placement in a facility, theThe 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
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