Text: H08091 Text: H08093 Text: H08000 - H08099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2249 as follows: 1 2 #1. Page 2, line 4, by inserting after the word 1 3 "PLANS" the following: "AND OTHER CHILD WELFARE 1 4 REQUIREMENTS". 1 5 #2. Page 2, by striking line 9 and inserting the 1 6 following: "622(b)(10), 671(a)(16),627(a)(2)(B),and 1 7 675(1), (5), which is designed to". 1 8 #3. Page 2, line 10, by inserting after the words 1 9 "family-like" the following: ", and most 1 10 appropriate". 1 11 #4. Page 2, by inserting after line 18 the 1 12 following: 1 13 "Sec. . Section 232.2, subsection 4, Code 1 14 Supplement 1999, is amended by adding the following 1 15 new paragraphs: 1 16 NEW PARAGRAPH. i. A provision that a designee of 1 17 the department or other person responsible for 1 18 placement of a child out of state shall visit the 1 19 child at least once every twelve months. 1 20 NEW PARAGRAPH. j. If it has been determined that 1 21 the child cannot return to the child's home, 1 22 documentation of the steps taken to make and finalize 1 23 an adoption or other permanent placement. 1 24 Sec. . Section 232.78, subsection 3, Code 1 25 Supplement 1999, is amended to read as follows: 1 26 3.The order shall specify the facility to which1 27the child is to be brought.Except for good cause 1 28 shown or unless the child is sooner returned to the 1 29 place where the child was residing or permitted to 1 30 return to the child care facility, a petition shall be 1 31 filed under this chapter within three days of the 1 32 issuance of the order. 1 33 Sec. . Section 232.78, subsection 6, Code 1 34 Supplement 1999, is amended to read as follows: 1 35 6. Any person who may file a petition under this 1 36 chapter may apply for, or the court on its own motion 1 37 may issue, an order for temporary removal under this 1 38 section. An appropriate person designated by the 1 39 court shall confer with a person seeking the removal 1 40 order, shall make every reasonable effort to inform 1 41 the parent or other person legally responsible for the 1 42 child's care of the application, and shall make such 1 43 inquiries as will aid the court in disposing of such 1 44 application. The person designated by the court shall 1 45 file with the court a complete written report 1 46 providing all details of the designee's conference 1 47 with the person seeking the removal order, the 1 48 designee's efforts to inform the parents or other 1 49 person legally responsible for the child's care of the 1 50 application, any inquiries made by the designee to aid 2 1 the court in disposing of the application, and all 2 2 information the designee communicated to the court. 2 3 The report shall be filed within five days of the date 2 4 of the removal order. If the court does not designate 2 5 an appropriate person who performs the required 2 6 duties, notwithstanding section 234.39 or any other 2 7 provision of law, the child's parent shall not be 2 8 responsible for paying the cost of care and services 2 9 for the duration of the removal order. 2 10 7. Any order entered under this section 2 11 authorizing temporary removal of a child shall include 2 12aboth of the following: 2 13 a. A statement that the temporary removal is the 2 14 result of a determination that the child remaining in 2 15 the child's home would be contrary to the welfare of 2 16 the child, and that reasonable efforts have been made 2 17 to prevent or eliminate the need for removal of the 2 18 child from the child's home. 2 19 b. A statement informing the child's parent that 2 20 the consequences of a permanent removal may include 2 21 termination of the parent's rights with respect to the 2 22 child. 2 23 Sec. . Section 232.95, subsection 1, Code 1999, 2 24 is amended to read as follows: 2 25 1. At any time after the petition is filed any 2 26 person who may file a petition under section 232.87 2 27 may apply for, or the court on its own motion may 2 28 order, a hearing to determine whether the child should 2 29 be temporarily removed from home.WhereIf the child 2 30 is in the custody of a person other than the child's 2 31 parent, guardian, or custodian as the result of action 2 32 taken pursuant to section 232.78 or 232.79, the court 2 33 shall hold a hearing within ten days of the date of 2 34 temporary removal to determine whether the temporary 2 35 removal should be continued. 2 36 Sec. . Section 232.96, subsection 10, Code 2 37 1999, is amended to read as follows: 2 38 10. If the court enters an order adjudicating the 2 39 child to be a child in need of assistance, the court, 2 40 if it has not previously done so, may issue an order 2 41 authorizing temporary removal of the child from the 2 42 child's home as set forth in section 232.95, 2 43 subsection 2, paragraph "a", pending a final order of 2 44 disposition. The order shall includeaboth of the 2 45 following: 2 46 a. A statement that the temporary removal is the 2 47 result of a determination that the child remaining in 2 48 the child's home would be contrary to the welfare of 2 49 the child, and that reasonable efforts have been made 2 50 to prevent or eliminate the need for removal of the 3 1 child from the child's home. 3 2 b. A statement informing the child's parent that 3 3 the consequences of a permanent removal may include 3 4 termination of the parent's rights with respect to the 3 5 child. 3 6 Sec. . Section 232.102, subsection 10, 3 7 paragraph a, unnumbered paragraph 1, Code 1999, is 3 8 amended to read as follows: 3 9 As used in this section, "reasonable efforts" means 3 10 the efforts made to preserve and unify a family prior 3 11 to the out-of-home placement of a child in foster care 3 12 or to eliminate the need for removal of the child or 3 13 make it possible for the child to safely return to the 3 14 family's home. If returning the child to the family's 3 15 home is not appropriate or not possible, reasonable 3 16 efforts shall include the efforts made in a timely 3 17 manner to finalize a permanency plan for the child. A 3 18 child's health and safety shall be the paramount 3 19 concern in making reasonable efforts. Reasonable 3 20 efforts may include intensive family preservation 3 21 services or family-centered services, if the child's 3 22 safety in the home can be maintained during the time 3 23 the services are provided. In determining whether 3 24 reasonable efforts have been made, the court shall 3 25 consider both of the following: 3 26 Sec. . Section 232.104, subsection 1, paragraph 3 27 a, subparagraph (2), Code 1999, is amended to read as 3 28 follows: 3 29 (2) For an order entered under section 232.102, 3 30 for which the court has waived reasonable efforts 3 31 requirements under section 232.102, subsection1112, 3 32 the permanency hearing shall be held within thirty 3 33 days of the date the requirements were waived. 3 34 Sec. . Section 232.104, subsection 1, paragraph 3 35 c, Code 1999, is amended to read as follows: 3 36 c. Reasonable notice of a permanency hearing in a 3 37 case of juvenile delinquency shall be provided 3 38 pursuant to section 232.37. A permanency hearing 3 39 shall be conducted in substantial conformance with the 3 40 provisions of section 232.99. During the hearing the 3 41 court shall consider the child's need for a secure and 3 42 permanent placement in light of any permanency plan or 3 43 evidence submitted to the court. Upon completion of 3 44 the hearing the court shall enter written findings and 3 45 make a determinationbased upon the permanency plan3 46which will best serve the child's individual interests3 47at that timeidentifying a primary permanency goal for 3 48 the child. If a permanency plan is in effect at the 3 49 time of the hearing, the court shall also make a 3 50 determination as to whether reasonable progress is 4 1 being made in achieving the permanency goal and other 4 2 provisions of that permanency plan." 4 3 4 4 4 5 4 6 CARROLL of Poweshiek 4 7 HF 2249.301 78 4 8 jp/cf
Text: H08091 Text: H08093 Text: H08000 - H08099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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