Text: HF00334 Text: HF00336 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.102, subsection 5, Code 1999, is 1 2 amended to read as follows: 1 3 5. Whenever possible the court should permit the child to 1 4 remain at home with the child's parent, guardian, or 1 5 custodian. Custody of the child should not be transferred 1 6 unless the court finds there is clear and convincing evidence 1 7 that any of the following circumstances exists: 1 8 a. The child cannot be protected from physical abuse 1 9 without transfer of custody; or. 1 10 b. The child cannot be protected from some harm which 1 11 would justify the adjudication of the child as a child in need 1 12 of assistance and an adequate placement is available. 1 13 c. The drug or alcohol abuse by a child's parent or 1 14 guardian is a material element in the adjudication of the 1 15 child as a child in need of assistance. 1 16 The order shall, in addition, contain a statement that 1 17 removal from the home is the result of a determination that 1 18 continuation in the home would be contrary to the welfare of 1 19 the child, and shall identify the reasonable efforts that have 1 20 been made. 1 21 Sec. 2. Section 232.104, subsection 4, Code 1999, is 1 22 amended to read as follows: 1 23 4. Any permanency order may provide restrictions upon the 1 24 contact between the child and the child's parent or parents, 1 25 consistent with the best interest of the child. If the drug 1 26 or alcohol abuse by a child's parent or guardian is a material 1 27 element in the adjudication of the child as a child in need of 1 28 assistance, the permanency order shall continue the child's 1 29 out-of-home placement until the parent or guardian has 1 30 successfully completed a course of treatment for the drug or 1 31 alcohol abuse. 1 32 Sec. 3. Section 232.106, Code 1999, is amended by adding 1 33 the following new subsection: 1 34 NEW SUBSECTION. 3. If the drug or alcohol abuse by a 1 35 child's parent or guardian is a material element in the 2 1 adjudication of the child as a child in need of assistance and 2 2 the legal custody of the child has been transferred for an 2 3 out-of-home placement, the order shall continue the out-of- 2 4 home placement until the parent or guardian has successfully 2 5 completed a course of treatment for the drug or alcohol abuse. 2 6 EXPLANATION 2 7 This bill relates to disposition and other requirements 2 8 involving child in need of assistance adjudications in which 2 9 the parent or guardian's drug or alcohol abuse is a material 2 10 element. 2 11 Code section 232.102, relating to transfer of legal custody 2 12 and placement following a child in need of assistance 2 13 adjudication, is amended. The amendment allows the court to 2 14 order an out-of-home placement of a child if there is clear 2 15 and convincing evidence that the parent or guardian's drug or 2 16 alcohol abuse is a material element in the child's 2 17 adjudication. 2 18 Code section 232.104, relating to permanency hearings for 2 19 children subject to an order for out-of-home placement, is 2 20 amended. The amendment requires an out-of-home placement 2 21 order for such cases to continue until the parent or guardian 2 22 has successfully completed a course of treatment for drug or 2 23 alcohol abuse. 2 24 Code section 232.106, relating to terms and conditions on 2 25 the parent, guardian, or custodian of a child in orders under 2 26 the juvenile justice code, is amended. The amendment requires 2 27 an out-of-home placement order for such cases to continue 2 28 until the parent or guardian has successfully completed a 2 29 course of treatment for drug or alcohol abuse. 2 30 LSB 2064YH 78 2 31 jp/gg/8
Text: HF00334 Text: HF00336 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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