Text: HF00287 Text: HF00289 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.1, Code 1999, is amended to read as 1 2 follows: 1 3 232.1 RULES OF CONSTRUCTION. 1 4 1. It is declared to be the public policy of this state 1 5 that making every effort to prevent or eliminate the need for 1 6 placement of a child outside the child's home is in the best 1 7 interest of children, families, and the state. This chapter 1 8 shall be liberally construed to the end that each child under 1 9 the jurisdiction of the court shall receive, preferably in the 1 10 child's own home, the care, guidance and control that will 1 11 best serve the child's welfare and the best interest of the 1 12 state. When a child is removed from the control of the 1 13 child's parents, the court shall secure for the child care as 1 14 nearly as possible equivalent to that which should have been 1 15 given by the parents. Placement of a child with a relative of 1 16 the child is preferred to placement of the child in foster 1 17 care. 1 18 Sec. 2. Section 232.102, subsection 5, Code 1999, is 1 19 amended to read as follows: 1 20 5. Whenever possible the court should permit the child to 1 21 remain at home with the child's parent, guardian, or 1 22 custodian. Custody of the childshouldshall not be 1 23 transferred for an out-of-home placement with a person other 1 24 than a parent who does not have physical care of the child or 1 25 another relative unless the court finds there is clear and 1 26 convincing evidence that a placement with such parent or 1 27 relative is not possible or is not in the best interest of the 1 28 child. In any case, custody of the child shall not be 1 29 transferred unless the court finds there is clear and 1 30 convincing evidence that one of the following circumstances 1 31 exists: 1 32 a. The child cannot be protected from physical abuse 1 33 without transfer of custody; or. 1 34 b. The child cannot be protected from some harm which 1 35 would justify the adjudication of the child as a child in need 2 1 of assistance and an adequate placement is available. 2 2 The order shall, in addition, contain a statement that 2 3 removal from the home is the result of a determination that 2 4 continuation in the home would be contrary to the welfare of 2 5 the child, and shall identify the reasonable efforts that have 2 6 been made. An order transferring custody of the child for 2 7 placement with a person other than the parent who does not 2 8 have physical care of the child or another relative shall also 2 9 contain a statement of the desired results intended for the 2 10 placement. 2 11 Sec. 3. Section 232.103, Code 1999, is amended by adding 2 12 the following new subsection: 2 13 NEW SUBSECTION. 8. Termination, modification, vacation, 2 14 or substitution of an order which continues or results in 2 15 transfer of custody of the child for placement with a person 2 16 other than the parent who does not have physical care of the 2 17 child or another relative shall also contain a statement of 2 18 the desired results intended for the placement. 2 19 Sec. 4. Section 232.104, subsection 2, paragraph b, Code 2 20 1999, is amended to read as follows: 2 21 b. Enter an order pursuant to section 232.102 to continue 2 22 placement of the child for an additional six months at which 2 23 time the court shall hold a hearing to consider modification 2 24 of its permanency order. An order continuing the placement of 2 25 the child with a person other than the parent who does not 2 26 have physical care of the child or another relative shall 2 27 contain a statement of the desired results intended for the 2 28 placement. An order entered under this paragraph shall 2 29 enumerate the specific factors, conditions, or expected 2 30 behavioral changes which comprise the basis for the 2 31 determination that the need for removal of the child from the 2 32 child's home will no longer exist at the end of the additional 2 33 six-month period. 2 34 Sec. 5. Section 232.133, subsection 1, Code 1999, is 2 35 amended to read as follows: 3 1 1. An interested party aggrieved by an order or decree of 3 2 the juvenile court may appeal from the court for review of 3 3 questions of law or fact. However, an order adjudicating a 3 4 child to have committed a delinquent act, entered pursuant to 3 5 section 232.47, shall not be appealed until the court enters a 3 6 corresponding dispositional order pursuant to section 232.52. 3 7 The review of a child in need of assistance, family in need of 3 8 assistance, or termination of parental rights proceeding shall 3 9 be de novo. 3 10 Sec. 6. Section 232.141, subsection 1, Code 1999, is 3 11 amended to read as follows: 3 12 1. Except as otherwise provided by law, the court shall 3 13 inquire into the ability of the child or the child's parent to 3 14 pay expenses incurred pursuant to subsection 2 and subsection 3 15 4 and, after giving the parent a reasonable opportunity to be 3 16 heard, the court may order the parent to pay all or part of 3 17 the costs of the child's care, examination, treatment, legal 3 18 expenses, or other expenses. The court may waive all or a 3 19 part of a parent's obligation to pay the costs based upon the 3 20 court's determination of the parent's ability to pay, that the 3 21 payment obligation is likely to hinder the parent's ability to 3 22 make efforts toward reunification with the child, that payment 3 23 of the obligation is likely to have a negative impact upon the 3 24 family, or for another good reason. An order entered under 3 25 this section does not obligate a parent paying child support 3 26 under a custody decree, except that part of the monthly 3 27 support payment may be used to satisfy the obligations imposed 3 28 by the order entered pursuant to this section. If a parent 3 29 fails to pay as ordered, without good reason, the court may 3 30 proceed against the parent for contempt and may inform the 3 31 county attorney who shall proceed against the parent to 3 32 collect the unpaid amount. Any payment ordered by the court 3 33 shall be a judgment against each of the child's parents and a 3 34 lien as provided in section 624.23. If all or part of the 3 35 amount that the parents are ordered to pay is subsequently 4 1 paid by the county or state, the judgment and lien shall 4 2 thereafter be against each of the parents in favor of the 4 3 county to the extent of the county's payments and in favor of 4 4 the state to the extent of the state's payments. 4 5 Sec. 7. Section 234.8, Code 1999, is amended to read as 4 6 follows: 4 7 234.8 FEES FOR CHILD WELFARE SERVICES. 4 8 The department of human services may charge a fee for child 4 9 welfare services to a person liable for the cost of the 4 10 services. The fee shall not exceed the reasonable cost of the 4 11 services. The fee shall be waived or reduced based upon the 4 12 person's ability to pay and consideration of the fee's impact 4 13 upon the liable person's family and the goals identified in 4 14 the case permanency plan. The department may assess the 4 15 liable person for the fee and the means of recovery shall 4 16 include a setoff against an amount owed by a state agency to 4 17 the person assessed pursuant to section 421.17, subsection 29. 4 18 In addition the department may establish an administrative 4 19 process to recover the assessment through automatic income 4 20 withholding. The department shall adopt rules pursuant to 4 21 chapter 17A to implement the provisions of this section. This 4 22 section does not apply to court-ordered services provided to 4 23 juveniles which are a charge upon the state pursuant to 4 24 section 232.141 and services for which the department has 4 25 established a support obligation pursuant to section 234.39. 4 26 Sec. 8. Section 234.39, subsection 1, Code 1999, is 4 27 amended to read as follows: 4 28 1. For an individual to whom section 234.35, subsection 1, 4 29 is applicable, a dispositional order of the juvenile court 4 30 requiring the provision of foster care, or an administrative 4 31 order entered pursuant to chapter 252C, or any order 4 32 establishing paternity and support for a child in foster care, 4 33 shall establish, after notice and a reasonable opportunity to 4 34 be heard is provided to a parent or guardian, the amount of 4 35 the parent's or guardian's support obligation for the cost of 5 1 foster care provided by the department. The amount of the 5 2 parent's or guardian's support obligation and the amount of 5 3 support debt accrued and accruing shall be established in 5 4 accordance with the child support guidelines prescribed under 5 5 section 598.21, subsection 4. However, the court, or the 5 6 department of human services in establishing support by 5 7 administrative order, may deviate from the prescribed 5 8 obligation after considering a recommendation by the 5 9 department for expenses related to goals and objectives of a 5 10 case permanency plan as defined under section 237.15, after 5 11 considering information submitted by the parent as to whether 5 12 the support amount will hinder the parent's ability to make 5 13 efforts toward reunification with the child, and upon written 5 14 findings of fact which specify the reason for deviation and 5 15 the prescribed guidelines amount. Any order for support shall 5 16 direct the payment of the support obligation to the collection 5 17 services center for the use of the department's foster care 5 18 recovery unit. The order shall be filed with the clerk of the 5 19 district court in which the responsible parent or guardian 5 20 resides and has the same force and effect as a judgment when 5 21 entered in the judgment docket and lien index. The collection 5 22 services center shall disburse the payments pursuant to the 5 23 order and record the disbursements. If payments are not made 5 24 as ordered, the child support recovery unit may certify a 5 25 default to the court and the court may, on its own motion, 5 26 proceed under section 598.22 or 598.23 or the child support 5 27 recovery unit may enforce the judgment as allowed by law. An 5 28 order entered under this subsection may be modified only in 5 29 accordance with the guidelines prescribed under section 5 30 598.21, subsection 8, or under chapter 252H, or upon receipt 5 31 of information from the parent that a change in financial 5 32 circumstances has occurred or the support amount is hindering 5 33 the parent's ability to make efforts toward reunification with 5 34 the child. 5 35 EXPLANATION 6 1 This bill relates to foster care provisions involving 6 2 placement orders, appellate review, and parental liability. 6 3 Code section 232.1, relating to the rules of construction 6 4 for the juvenile justice code, is amended with new language. 6 5 The new language provides that making every effort to prevent 6 6 or eliminate the need for placement of a child outside the 6 7 child's home is in the best interest of children, families, 6 8 and the state. A statement that placement of a child with a 6 9 relative is preferred to foster care is added. 6 10 Code section 232.102, relating to placements following a 6 11 child in need of assistance (CINA) adjudication, is amended to 6 12 apply new standards for placement. The new standards provide 6 13 that custody of the child shall not be transferred for an out- 6 14 of-home placement unless the court finds by clear and 6 15 convincing evidence that placement with the parent who does 6 16 not have physical care of the child or another relative is not 6 17 possible or is not in the best interest of the child. In 6 18 addition, if such an out-of-home placement is ordered, the 6 19 order is to contain a statement of the desired results 6 20 intended for the placement. 6 21 Code section 232.103, relating to termination, 6 22 modification, or substitution of order for transfer of custody 6 23 and placement of a child, is amended with new language. The 6 24 new language provides that if such order is made for an out- 6 25 of-home placement other than with the parent who does not have 6 26 physical custody or with another relative, the order is to 6 27 contain a statement of the desired results intended for the 6 28 placement. 6 29 Code section 232.133, relating to appeals for review of 6 30 juvenile justice proceedings, is amended. The amendment 6 31 provides that appeals of CINA, family in need of assistance, 6 32 or termination of parental rights proceedings are to be 6 33 reviewed de novo or as though the cases had not been heard 6 34 before. 6 35 Code section 232.141, relating to the costs for services 7 1 and treatment ordered by the court, is amended to authorize 7 2 the court to waive all or part of a parent's obligation to pay 7 3 the costs. The court is to consider various criteria in 7 4 making the determination, including the parent's ability to 7 5 pay. Similar amendments are made to Code section 234.8, 7 6 relating to fees for child welfare services, and to Code 7 7 section 234.39, relating to responsibility for the costs of 7 8 foster care services. 7 9 LSB 2022HH 78 7 10 jp/sc/14
Text: HF00287 Text: HF00289 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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