Text: HF00334                           Text: HF00336
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 335

Partial Bill History

Bill Text

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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