Text: S05760 Text: S05762 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2345, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 1, by striking lines 1 through 9. 1 4 #2. Page 2, by inserting after line 1 the 1 5 following: 1 6 "Sec. ___. Section 232.78, subsection 1, Code 1 7 1997, is amended by adding the following new 1 8 paragraph: 1 9 NEW PARAGRAPH. d. The application for the order 1 10 includes a statement of the facts to support the 1 11 findings specified in paragraphs "a", "b", and "c"." 1 12 #3. Page 2, by inserting before line 2 the 1 13 following: 1 14 "Sec. ___. Section 232.78, Code 1997, is amended 1 15 by adding the following new subsection: 1 16 NEW SUBSECTION. 1A. The person making the 1 17 application for an order shall assert facts showing 1 18 there is reasonable cause to believe that the child 1 19 cannot either be returned to the place where the child 1 20 was residing or placed with the parent who does not 1 21 have physical care of the child." 1 22 #4. Page 2, line 12, by inserting after the word 1 23 "application." the following: "If the court does not 1 24 designate an appropriate person who performs the 1 25 required duties, notwithstanding section 234.39 or any 1 26 other provision of law, the child's parent shall not 1 27 be responsible for paying the cost of care and 1 28 services for the duration of the removal order." 1 29 #5. Page 2, line 12, by inserting after the word 1 30 "application." the following: "The person designated 1 31 by the court shall file with the court a complete 1 32 written report providing all details of the designee's 1 33 conference with the person seeking the removal order, 1 34 the designee's efforts to inform the parents or other 1 35 person legally responsible for the child's care of the 1 36 application, and any inquiries made by the designee to 1 37 aid the court in disposing of the application. The 1 38 report shall be filed within five days of the date of 1 39 the removal order." 1 40 #6. Page 2, line 28, by striking the word 1 41 "therein" and inserting the following: "thereinin 1 42 the home". 1 43 #7. Page 3, by inserting after line 10 the 1 44 following: 1 45 "Sec. ___. Section 232.99, Code 1997, is amended 1 46 by adding the following new subsection: 1 47 NEW SUBSECTION. 2A. In the initial dispositional 1 48 hearing, any hearing held under section 232.103, and 1 49 any dispositional review or permanency hearing, the 1 50 court shall inquire of the parties as to the 2 1 sufficiency of the services being provided and whether 2 2 additional services are needed to facilitate the safe 2 3 return of the child to the child's home. If the court 2 4 determines such services are needed, the court shall 2 5 order the services to be provided. The court shall 2 6 advise the parties that failure to identify a 2 7 deficiency in services or to request additional 2 8 services may preclude the party from challenging the 2 9 sufficiency of the services in a termination of 2 10 parent-child relationship proceeding. 2 11 Sec. ___. Section 232.102, subsection 1, paragraph 2 12 a, Code Supplement 1997, is amended to read as 2 13 follows: 2 14 a. A parent who does not have physical care of the 2 15 child, other relative, or other suitable person." 2 16 #8. Page 3, by striking line 17 and inserting the 2 17 following: "welfare of the child, andthatshall 2 18 identify the reasonable efforts that have been". 2 19 #9. Page 3, by inserting after line 19 the 2 20 following: 2 21 "Sec. ___. Section 232.102, subsection 7, Code 2 22 Supplement 1997, is amended to read as follows: 2 23 7. In any order transferring custody to the 2 24 department or an agency, or in orders pursuant to a 2 25 custody order, the court shall specify the nature and 2 26 category of disposition which will serve the best 2 27 interests of the child, and shall prescribe the means 2 28 by which the placement shall be monitored by the 2 29 court. If the court orders the transfer of the 2 30 custody of the child to the department of human 2 31 services or other agency for placement, the department 2 32 or agency shall submit a case permanency plan to the 2 33 court and shall make every reasonable effort to return 2 34 the child to the child's home as quickly as possible 2 35 consistent with the best interest of the child. When 2 36 the child is not returned to the child's home and if 2 37 the child has been previously placed in a licensed 2 38 foster care facility, the department or agency shall 2 39 consider placing the child in the same licensed foster 2 40 care facility. If the court orders the transfer of 2 41 custody to a parent who does not have physical care of 2 42 the child, other relative, or other suitable person, 2 43 the court may direct the department or other agency to 2 44 provide services to the child's parent, guardian, or 2 45 custodian in order to enable them to resume custody of 2 46 the child. If the court orders the transfer of 2 47 custody to the department of human services or to 2 48 another agency for placement in foster group care, the 2 49 department or agency shall make every reasonable 2 50 effort to place the child within Iowa, in the least 3 1 restrictive, most family-like, and most appropriate 3 2 setting available, and in close proximity to the 3 3 parents' home, consistent with the child's best 3 4 interests and special needs, and shall consider the 3 5 placement's proximity to the school in which the child 3 6 is enrolled at the time of placement." 3 7 #10. Page 4, by striking lines 23 and 24 and 3 8 inserting the following: "circumstances is indicated 3 9 by any of the following:" 3 10 #11. By striking page 4, line 26, through page 5, 3 11 line 19, and inserting the following: 3 12 "__. The court finds the circumstances described 3 13 in section 232.116, subsection 1, paragraph "h", are 3 14 applicable to the child." 3 15 #12. Page 5, line 22, by striking the words "a 3 16 preponderance of" and inserting the following: "clear 3 17 and convincing". 3 18 #13. Page 5, by striking lines 30 and 31 and 3 19 inserting the following: 3 20 "__. The parent has been convicted of aiding or 3 21 abetting, attempting, conspiring in, or soliciting the 3 22 commission of the murder or voluntary". 3 23 #14. Page 7, by striking lines 30 and 31 and 3 24 inserting the following: 3 25 "(2) A court has determined aggravated 3 26 circumstances exist and has waived the requirement for 3 27 making reasonable efforts under section 232.102 3 28 because the court has found the circumstances 3 29 described in section 232.116, subsection 1, paragraph 3 30 "h", are applicable to the child. 3 31 (3) The child is less than twelve months of age 3 32 and has been judicially determined to meet the 3 33 definition of abandonment of a child." 3 34 #15. Page 7, by striking line 32 and inserting the 3 35 following: 3 36 "(4) The parent has been convicted of the murder". 3 37 #16. Page 7, by striking lines 34 and 35 and 3 38 inserting the following: 3 39 "(5) The parent has been convicted of aiding or 3 40 abetting, attempting, conspiring in, or soliciting the 3 41 commission". 3 42 #17. Page 8, by inserting after line 2 the 3 43 following: 3 44 "(6) The parent has been convicted of a felony 3 45 assault which resulted in serious bodily injury of the 3 46 child or of another child of the parent." 3 47 #18. Page 8, line 11, by inserting after the word 3 48 "child." the following: "A compelling reason shall 3 49 include but is not limited to documentation in the 3 50 child's case permanency plan indicating it is 4 1 reasonably likely the completion of the services being 4 2 received in accordance with the permanency plan will 4 3 eliminate the need for removal of the child or make it 4 4 possible for the child to safely return to the 4 5 family's home within six months." 4 6 #19. Page 8, by inserting after line 17 the 4 7 following: 4 8 "Sec. . Section 232.112, subsection 1, Code 4 9 1997, is amended to read as follows: 4 10 1. Persons listed in section 232.111, subsection 4 11 3, shall be necessary parties to a termination of 4 12 parent-child relationship proceeding and are entitled 4 13 to receive notice and an opportunity to be heard, 4 14 except that notice may be dispensed with in the case 4 15 of any such person whose name or whereabouts the court 4 16 determines is unknown and cannot be ascertained by 4 17 reasonably diligent search. In addition to the 4 18 persons who are necessary parties who may be parties 4 19 under section 232.111, notice for any hearing under 4 20 this division shall be provided to the child's foster 4 21 parent, an individual providing preadoptive care for 4 22 the child, or a relative providing care for the 4 23 child." 4 24 #20. Page 8, by inserting before line 18 the 4 25 following: 4 26 "Sec. ___. Section 232.111, subsection 3, Code 4 27 1997, is amended by adding the following new paragraph 4 28 after paragraph d and renumbering the subsequent 4 29 paragraph: 4 30 NEW PARAGRAPH. e. A complete list of the services 4 31 which have been offered to preserve the family and a 4 32 statement specifying the services provided to address 4 33 the reasons stated in any order for removal or in any 4 34 dispositional or permanency order which did not return 4 35 the child to the child's home." 4 36 #21. Page 8, by striking lines 22 through 24 and 4 37 inserting the following: "to the child's safety, to 4 38 the best placement for furthering the long-term 4 39 nurturing and growth of the child, and to the 4 40 physical, mental, and emotional condition and needs of 4 41 the child.SuchThis consideration may include any of 4 42 the following:" 4 43 #22. Page 8, by inserting before line 25 the 4 44 following: 4 45 "Sec. ___. Section 232.117, subsection 3, 4 46 paragraph c, Code 1997, is amended to read as follows: 4 47 c. A parent who does not have physical care of the 4 48 child, other relative, or other suitable person." 4 49 #23. Page 10, line 11, by striking the words 4 50 "physical assault, battery, or". 5 1 #24. Page 10, by striking line 12 and inserting 5 2 the following: 5 3 "(b) Child endangerment or neglect or abandonment 5 4 of a dependent person." 5 5 #25. Page 10, line 15, by striking the words 5 6 "child pornography" and inserting the following: 5 7 "sexual exploitation of a minor". 5 8 #26. Page 10, by striking lines 16 and 17 and 5 9 inserting the following: 5 10 "(e) A forcible felony." 5 11 #27. Page 10, line 34, by striking the words 5 12 "physical assault, battery, or". 5 13 #28. Page 10, by striking line 35 and inserting 5 14 the following: 5 15 "(b) Child endangerment or neglect or abandonment 5 16 of a dependent person." 5 17 #29. Page 11, line 3, by striking the words "child 5 18 pornography" and inserting the following: "sexual 5 19 exploitation of a minor". 5 20 #30. Page 11, by striking lines 4 and 5 and 5 21 inserting the following: 5 22 "(e) A forcible felony." 5 23 #31. Page 11, by inserting after line 14 the 5 24 following: 5 25 "Sec. ___. PRESERVATION OF REASONABLE PARENTING. 5 26 Nothing in this Act is intended to disrupt the family 5 27 unnecessarily or to intrude inappropriately into 5 28 family life, to prohibit the use of reasonable methods 5 29 of parental discipline, or to prescribe a particular 5 30 method of parenting." 5 31 #32. By renumbering, relettering, or redesignating 5 32 and correcting internal references as necessary. 5 33 SF 2345H 5 34 jp/pk/25
Text: S05760 Text: S05762 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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