Text: S03283                            Text: S03285
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Senate Amendment 3284

Amendment Text

PAG LIN
  1  1    Amend Senate File 515 as follows:
  1  2    #1.  Page 5, by inserting after line 23, the
  1  3 following:
  1  4    "Sec. ___.  Section 232.2, Code 1997, is amended by
  1  5 adding the following new subsection:
  1  6    NEW SUBSECTION.  47A.  "Runaway" means a child who
  1  7 voluntarily is absent from the household in which the
  1  8 child resides without the consent of the child's
  1  9 parent, guardian, or other custodian."
  1 10    #2.  Page 16, by inserting after line 20, the
  1 11 following:
  1 12    "Sec. ___.  Section 232.126, unnumbered paragraph
  1 13 1, Code 1997, is amended to read as follows:
  1 14    The court shall appoint counsel or a guardian ad
  1 15 litem to represent the interests of the child at the
  1 16 hearing to determine whether the family is a family in
  1 17 need of assistance unless the child already has such
  1 18 counsel or guardian.  If the petition alleges that the
  1 19 child is a runaway, the court shall appoint counsel to
  1 20 represent the interests of the child, unless the child
  1 21 already has counsel.  The court shall appoint counsel
  1 22 for the parent, guardian or custodian if that person
  1 23 desires but is financially unable to employ counsel.
  1 24    Sec. ___.  Section 232.127, subsections 1, 7, and
  1 25 9, Code 1997, are amended to read as follows:
  1 26    1.  Upon the filing of a petition, the court shall
  1 27 fix a time for a hearing and give notice thereof to
  1 28 the child and the child's parent, guardian or
  1 29 custodian.  If the petition alleges that the child is
  1 30 a runaway, the petition and a written enumeration of
  1 31 the rights specified in section 232.128 shall be
  1 32 served upon the child within a reasonable time before
  1 33 hearing.
  1 34    7.  The Except as otherwise provided in section
  1 35 232.128, the court may shall not order the child
  1 36 placed on probation, in a foster home or in a
  1 37 nonsecure facility unless the child requests and
  1 38 agrees to such supervision or placement.  In no event
  1 39 shall the The court may order the child placed in the
  1 40 state training school or other a secure facility only
  1 41 under the conditions specified in section 232.128.
  1 42    9.  A child found in contempt of court because of
  1 43 violation of conditions imposed under this section
  1 44 shall not be considered delinquent.  Such a contempt
  1 45 may be punished by imposition of a work assignment or
  1 46 assignments to benefit the state or a governmental
  1 47 subdivision of the state.  In addition to or in lieu
  1 48 of such an assignment or assignments, the court may
  1 49 impose one of the dispositions set out in sections
  1 50 232.100 to through 232.102 or section 232.128.
  2  1    Sec. ___.  NEW SECTION.  232.128  RUNAWAYS.
  2  2    1.  If the petition alleges that the child is a
  2  3 runaway, the child shall, prior to and at the hearing,
  2  4 be informed of all of the following:
  2  5    a.  The right to have a written copy of the
  2  6 petition served upon the child within a reasonable
  2  7 time before the hearing on the petition.
  2  8    b.  The right to a hearing before the court.
  2  9    c.  The right to legal counsel, including the right
  2 10 to court-appointed legal counsel if the child is
  2 11 indigent.
  2 12    d.  The right to an explanation of the nature and
  2 13 consequences of the hearing.
  2 14    e.  The right to present and confront witnesses.
  2 15    f.  The right to a transcript or record of the
  2 16 proceedings.
  2 17    g.  The right to appeal to an appropriate court.
  2 18    2.  At the hearing, the court shall not order the
  2 19 child placed in a secure facility, but may impose one
  2 20 of the dispositions set out in sections 232.100
  2 21 through 232.102.  The court shall inform the child
  2 22 that violation of the terms of the dispositional order
  2 23 may result in placement in a secure facility.  The
  2 24 court shall send a copy of any dispositional order
  2 25 placing the child in a nonsecure setting to the agency
  2 26 or facility responsible for supervision, counseling,
  2 27 or treatment of the child.
  2 28    3.  If the child violates the terms of the
  2 29 dispositional order, the agency or facility shall
  2 30 notify the court of the violation and submit a report
  2 31 to the court reviewing the behavior of the child and
  2 32 the circumstances under which the child was brought
  2 33 before the court.  The report shall also include an
  2 34 assessment of the reasons for the child's behavior and
  2 35 recommendations for appropriate continuing or
  2 36 alternative placements.  Upon receipt of the notice
  2 37 and report, the court shall fix a date and time for a
  2 38 hearing to determine whether the child violated the
  2 39 terms of the dispositional order.  Notice of the
  2 40 grounds alleged as the basis for the violation of the
  2 41 dispositional order and of the date, time, and place
  2 42 of hearing shall be served upon the child.
  2 43    4.  At the violation hearing, the court shall
  2 44 review the report and determine what, if any,
  2 45 modifications should be made in the original
  2 46 dispositional order.  If the modification in the
  2 47 dispositional order directs or authorizes placement of
  2 48 the child in a secure facility, the court must
  2 49 determine that there is no less restrictive
  2 50 alternative appropriate to the needs of the child and
  3  1 the community.
  3  2    5.  This section shall not apply to a child who is
  3  3 a child in need of assistance."
  3  4    #3.  Title page 1, line 19, by inserting after the
  3  5 word "facility," the following:  "providing for
  3  6 dispositional alternatives for runaways,".
  3  7    #4.  By numbering and renumbering as necessary.  
  3  8 
  3  9 
  3 10                               
  3 11 WILLIAM PALMER
  3 12 SF 515.305 77
  3 13 lh/cf/28
     

Text: S03283                            Text: S03285
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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