Text: HF02248 Text: HF02250 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 HOME CONDITION INVESTIGATIONS 1 3 Section 1. Section 598.12, subsections 2 and 3, Code 1999, 1 4 are amended to read as follows: 1 5 2. The court may require thatthe department of human1 6services oran appropriate agency make an investigation of 1 7 both parties regarding the home conditions, parenting 1 8 capabilities, and other matters pertinent to the best 1 9 interests of the child or children in a dispute concerning 1 10 custody of the child or children. The investigation report 1 11 completed by thedepartment of human services or an1 12 appropriate agency shall be submitted to the court and 1 13 available to both parties. The investigation report completed 1 14 by thedepartment of human services or anappropriate agency 1 15 shall be a part of the record unless otherwise ordered by the 1 16 court. 1 17 3. The court shall enter an order in favor of the 1 18 attorney, the department of human services,or an appropriate 1 19 agency for fees and disbursements,whichand the amount shall 1 20 be charged against the party responsible for court costs 1 21 unless the court determines that the party responsible for 1 22 costs is indigent in which event the fees shall be borne by 1 23 the county. 1 24 DIVISION II 1 25 ABUSE REGISTRY ACCESS 1 26 Sec. 2. Section 235A.19, subsection 2, paragraph b, Code 1 27 1999, is amended by adding the following new subparagraph: 1 28 NEW SUBPARAGRAPH. (8) For statutorily authorized record 1 29 checks for employment of an individual by a provider of adult 1 30 home care, adult health facility care, or other adult 1 31 placement facility care. 1 32 Sec. 3. Section 235B.6, subsection 2, paragraph e, Code 1 33 Supplement 1999, is amended by adding the following new 1 34 subparagraph: 1 35 NEW SUBPARAGRAPH. (8) To the administrator of an agency 2 1 providing care to a dependent adult in another state, for the 2 2 purpose of performing an employment background check. 2 3 DIVISION III 2 4 CASE PERMANENCY PLANS 2 5 Sec. 4. Section 232.2, subsection 4, unnumbered paragraph 2 6 1, Code Supplement 1999, is amended to read as follows: 2 7 "Case permanency plan" means the plan, mandated by Pub. L. 2 8 No. 96-272 and Pub. L. No. 105-89, as codified in 42 U.S.C. } 2 9 671(a)(16), 627(a)(2)(B), and 675(1),(5), which is designed to 2 10 achieve placement in the least restrictive, most family-like 2 11 setting available and in close proximity to the parent's home, 2 12 consistent with the best interests and special needs of the 2 13 child, and which considers the placement's proximity to the 2 14 school in which the child is enrolled at the time of 2 15 placement. The plan shall be developed by the department or 2 16 agency involved and the child's parent, guardian, or 2 17 custodian. The plan shall specifically include all of the 2 18 following: 2 19 Sec. 5. Section 237.15, subsection 1, Code 1999, is 2 20 amended by striking the subsection and inserting in lieu 2 21 thereof the following: 2 22 1. "Case permanency plan" means the same as defined in 2 23 section 232.2, subsection 4, except the plan shall also 2 24 include the following: 2 25 a. The efforts to place the child with a relative. 2 26 b. The rationale for an out-of-state placement, and the 2 27 efforts to prevent such placement, if the child has been 2 28 placed out-of-state. 2 29 c. Time frames to meet the stated permanency goal and 2 30 short-term objectives. 2 31 DIVISION IV 2 32 GROUP FOSTER CARE 2 33 Sec. 6. Section 232.143, subsections 1 and 2, Code 2 34 Supplement 1999, are amended to read as follows: 2 35 1. A statewide expenditure target for children in group 3 1 foster care placements in a fiscal year, which placements are 3 2 a charge upon or are paid for by the state, shall be 3 3 established annually in an appropriation bill by the general 3 4 assembly. The department andthe judicial branchjuvenile 3 5 court services shall jointly develop a formula for allocating 3 6 a portion of the statewide expenditure target established by 3 7 the general assembly to each of the department's regions. The 3 8 formula shall be based upon the region's proportion of the 3 9 state population of children and of the statewide usage of 3 10 group foster care in the previous five completed fiscal years 3 11 and other indicators of need. The expenditure amount 3 12 determined in accordance with the formula shall be the group 3 13 foster care budget target for that region. A region may 3 14 exceed its budget target for group foster care by not more 3 15 thanfivefifteen percent in a fiscal year, provided the 3 16 overall funding allocated by the department for all child 3 17 welfare and juvenile justice services in the region is not 3 18 exceeded. Funding needed to pay for a child placed in group 3 19 foster care shall be considered encumbered for the duration of 3 20 the child's projected or actual length of stay, whichever is 3 21 applicable. 3 22 2. For each of the department's regions, representatives 3 23 appointed by the department andthejuvenile court services 3 24 shall establish a plan for containing the expenditures for 3 25 children placed in group foster care ordered by the court 3 26 within the budget target allocated to that region pursuant to 3 27 subsection 1. The plan shall include monthly targets and 3 28 strategies for developing alternatives to group foster care 3 29 placements in order to contain expenditures for child welfare 3 30 and juvenile justice services within the amount appropriated 3 31 by the general assembly for that purpose. Each regional plan 3 32 shall be established within sixty days of the date by which 3 33 the group foster care budget target for the region is 3 34 determined. To the extent possible, the department andthe3 35 juvenile court services shall coordinate the planning required 4 1 under this subsection with planning for services paid under 4 2 section 232.141, subsection 4. The department's regional 4 3 administrator shall communicate regularly, as specified in the 4 4 regional plan, with the chief officers of juvenilecourts4 5 court services within that region concerning the current 4 6 status of the regional plan's implementation. 4 7 EXPLANATION 4 8 This bill relates to child and family services administered 4 9 by the department of human services. 4 10 Division I amends Code section 598.12, relating to 4 11 investigations and attorneys for a minor child involving 4 12 dissolution of marriage. The amendment strikes references to 4 13 the department of human services in provisions authorizing the 4 14 court to appoint the department or an appropriate agency to 4 15 make investigations regarding placement of the child, 4 16 parenting capacities, and other matters. 4 17 Division II relates to child and dependent adult abuse 4 18 registry access. 4 19 Code section 235A.19, relating to requests for correction 4 20 or expungement of child abuse information and appeals, 4 21 prohibits the department from disclosing the information until 4 22 the conclusion of proceedings. However, there is a list of 4 23 exceptions to the prohibition. The bill adds to that list by 4 24 allowing disclosure for statutorily authorized record checks 4 25 for employment of an individual by a provider of adult home 4 26 care, adult health facility care, or other adult placement 4 27 facility care. 4 28 Code section 235B.6 is amended to allow access to dependent 4 29 adult abuse information to the administrator of an agency 4 30 providing care to a dependent adult in another state, for the 4 31 purpose of performing an employment background check. 4 32 Division III relates to the definitions of case permanency 4 33 plans for children removed for out-of-home placements. The 4 34 bill amends the definition in Code section 232.2 of the 4 35 juvenile justice code to include a reference to the federal 5 1 requirements for the plans in the federal Adoption and Safe 5 2 Families Act, Pub. L. No. 105-89. In addition, the bill 5 3 amends a definition of case permanency plan in Code section 5 4 237.15, used for the foster care review process. The bill 5 5 strikes and rewrites the current definition to incorporate 5 6 identical language in the Code section 232.2 definition by 5 7 reference and reinsert additional plan requirements that exist 5 8 in the current statute. 5 9 Division IV amends Code section 232.143, relating to the 5 10 regional group foster care budget targets. Under current law, 5 11 a region can exceed its budget target for group foster care by 5 12 not more than 5 percent, provided the overall funding 5 13 allocated for child welfare services in that region is not 5 14 exceeded. The bill increases the authorization to 15 percent 5 15 of the budget target and expands the overall funding source 5 16 which cannot be exceeded from child welfare funding to also 5 17 include the funding for juvenile justice services. 5 18 In addition, the bill changes the responsibility to plan 5 19 for funding with the department from the "judicial branch" and 5 20 "juvenile court" to "juvenile court services". Language is 5 21 added that provides that the funding needed to pay for a 5 22 child's group foster care placement is to be considered 5 23 encumbered for the projected or actual stay, whichever is 5 24 applicable. Language to this effect was included in the 5 25 department's appropriations legislation for fiscal years 1998- 5 26 1999 and 1999-2000. 5 27 LSB 5233HV 78 5 28 jp/as/5
Text: HF02248 Text: HF02250 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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