Text: HSB00180 Text: HSB00182 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 VOLUNTARY FOSTER CARE PLACEMENTS 1 3 Section 1. Section 232.175, Code 1999, is amended to read 1 4 as follows: 1 5 232.175 PLACEMENT OVERSIGHT. 1 6 Placement oversight shall be provided pursuant to this 1 7 division when the parent, guardian, or custodian of a child 1 8 with mental retardation or other developmental disability 1 9 requests placement of the child in foster family care for a 1 10 period of more than thirty days. The oversight shall be 1 11 provided through review of the placement every six months by 1 12 the department's foster care review committees or by a local 1 13 citizen foster care review board. Court oversight shall be 1 14 provided prior to the initial placement and at periodic 1 15 intervals which shall not exceed twelve months. It is the 1 16 purpose and policy of this division to assure the existence of 1 17 oversight safeguards as required by the federal Child Welfare 1 18 Act of 1980, Pub. L. No. 96-272, as codified in 42 U.S.C. } 1 19 671(a)(16), 627(a)(2)(B), and 675(1),(5), while maintaining 1 20 parental decision-making authority. 1 21 Sec. 2. Section 232.178, subsection 4, Code 1999, is 1 22 amended to read as follows: 1 23 4. The petition shall describe the child's emotional, 1 24 physical, or intellectual disability which requires care and 1 25 treatment; the reasonable efforts to maintain the child in the 1 26 child's home; the department's request to the family of a 1 27 child with mental retardation, other developmental disability, 1 28 or organic mental illness to determine if any services or 1 29 support provided to the family will enable the family to 1 30 continue to care for the child in the child's home; and the 1 31 reason the child's parent, guardian, or custodian has 1 32 requested a foster family care placement. The petition shall 1 33 also describe the commitment of the parent, guardian, or 1 34 custodian in fulfilling the responsibilities defined in the 1 35 case permanency plan and how the placement will serve the 2 1 child's best interests. 2 2 Sec. 3. Section 232.182, subsection 5, unnumbered 2 3 paragraph 1, Code 1999, is amended to read as follows: 2 4 After the hearing is concluded, the court shall make and 2 5 file written findings as to whether reasonable efforts, as 2 6 defined in section 232.102, subsection 10, have been made and 2 7 whether the voluntary foster family care placement is in the 2 8 child's best interests. The court shall order foster care 2 9 placement in the child's best interests if the court finds 2 10 that all of the following conditions exist: 2 11 Sec. 4. Section 232.182, subsection 7, Code 1999, is 2 12 amended by striking the subsection. 2 13 Sec. 5. Section 234.6, subsection 6, paragraph f, Code 2 14 1999, is amended to read as follows: 2 15 f. Services or support provided to a child with mental 2 16 retardation or other developmental disability or to the 2 17 child's family, either voluntarily by the department of human2 18services or in accordance with a court order entered under2 19section 222.31 or 232.182, subsection 5. 2 20 Sec. 6. DISPOSITIONAL REVIEW. Any order entered under 2 21 section 232.182 or 232.183 for a group foster care placement 2 22 which remains in effect on the effective date of this division 2 23 shall remain in effect until the court has conducted a 2 24 dispositional review hearing. The dispositional review 2 25 hearing shall be held upon the request of the department of 2 26 human services or upon the court's own motion. The review 2 27 hearing shall be subject to the same procedural requirements 2 28 as outlined in section 232.183 except that the dispositional 2 29 orders that the court may enter shall be as provided in this 2 30 section. The purpose of the review hearing is to determine 2 31 whether the child's parent, guardian, or custodian has failed 2 32 to fulfill responsibilities outlined in the case permanency 2 33 plan and that the child should remain in a group foster care 2 34 placement upon termination of the order. If the court finds 2 35 the child's parent, guardian, or custodian has failed to 3 1 fulfill responsibilities outlined in the case permanency plan 3 2 and that the child should remain in the group foster care 3 3 placement, the court shall enter an order that the child 3 4 remain in the placement and that the county attorney or 3 5 department file, within three days, a petition alleging the 3 6 child to be a child in need of assistance. Otherwise, the 3 7 order entered under section 232.182 or 232.183 shall expire at 3 8 the close of the dispositional review hearing. 3 9 Sec. 7. EFFECTIVE DATE. This division of this Act takes 3 10 effect on July 1, 1999, or upon the date of approval by the 3 11 federal government of the waiver request submitted by the 3 12 department of human services pursuant to 1998 Iowa Acts, 3 13 chapter 1218, section 7, subsection 10, whichever is later. 3 14 The department of human services shall notify the Code editor 3 15 concerning receipt of the federal approval. 3 16 DIVISION II 3 17 RELEASE OF CHILD ABUSE INFORMATION 3 18 Sec. 8. Section 235A.15, subsection 2, paragraph e, Code 3 19 1999, is amended by adding the following new subparagraph: 3 20 NEW SUBPARAGRAPH. (16) To an individual with a bona fide 3 21 reason who is requesting information on a specific case of 3 22 child abuse which resulted in a child fatality or near 3 23 fatality. 3 24 DIVISION III 3 25 ANNUAL GROUP FOSTER CARE AND DECATEGORIZATION PLANS 3 26 Sec. 9. Section 232.143, subsection 2, Code 1999, is 3 27 amended to read as follows: 3 28 2. For each of the department's regions, representatives 3 29 appointed by the department and the juvenile court shall 3 30 establish a plan for containing the expenditures for children 3 31 placed in group foster care ordered by the court within the 3 32 budget target allocated to that region pursuant to subsection 3 33 1. The plan shall include monthly targets and strategies for 3 34 developing alternatives to group foster care placements in 3 35 order to contain expenditures for child welfare services 4 1 within the amount appropriated by the general assembly for 4 2 that purpose. Each regional plan shall be establishedin4 3advance of the fiscal year to which the regional plan applies4 4 within sixty days of the date by which the group foster care 4 5 budget target for the region is determined. To the extent 4 6 possible, the department and the juvenile court shall 4 7 coordinate the planning required under this subsection with 4 8 planning for services paid under section 232.141, subsection 4 9 4. The department's regional administrator shall communicate 4 10 regularly, as specified in the regional plan, with the 4 11 juvenile courts within that region concerning the current 4 12 status of the regional plan's implementation. 4 13 Sec. 10. Section 232.188, subsection 4, Code 1999, is 4 14 amended to read as follows: 4 15 4. In a decategorization agreement, the department and the 4 16 county's or group of counties' decategorization governance 4 17 board shall agree on all of the following items: the 4 18 governance relationship between the department and the 4 19 decategorization governance board; the respective areas of 4 20 autonomy of the department and the board; the budgeting 4 21 structure for the decategorization; and a method for resolving 4 22 disputes between the department and the board. The 4 23 decategorization agreement shall require the department and 4 24 the decategorization governance board to agree upon a budget 4 25on or before June 15 of the fiscal year preceding thewithin 4 26 sixty days of the date by which the regional group foster care 4 27 budget targets are determined under section 232.143 for the 4 28 fiscal year to which the budget applies. The budget may later 4 29 be modified to reflect new or changed circumstances. 4 30 EXPLANATION 4 31 This bill relates to child welfare provisions involving 4 32 voluntary foster care placements of children with mental 4 33 retardation or other developmental disability, release of 4 34 child abuse information, and annual group foster care and 4 35 decategorization plans. 5 1 Division I amends juvenile justice code provisions for 5 2 voluntary foster care placements of children with mental 5 3 retardation or other developmental disability. Under the bill 5 4 the voluntary proceedings would be limited to placements of 5 5 such children in foster family care. Enactment of division I 5 6 is contingent upon federal approval of a medical assistance 5 7 (Medicaid) home and community-based services waiver. The 5 8 waiver provisions would allow children with mental retardation 5 9 who would otherwise require treatment in an intermediate care 5 10 facility for persons with mental retardation (ICFMR) to 5 11 instead be served in out-of-home settings of eight beds or 5 12 less which meet standards established by the department of 5 13 human services. 5 14 The bill strikes Code section 232.182, subsection 7, which 5 15 restricts group foster care placements under these voluntary 5 16 proceedings to other statutory requirements. 5 17 Any orders for a placement in group foster care still in 5 18 effect upon the repeal are subject to a dispositional review 5 19 hearing to determine whether the child's parent, guardian, or 5 20 custodian has failed to fulfill the responsibilities outlined 5 21 in the child's case permanency plan. If so, the court is to 5 22 enter an order for the child to remain in foster care and a 5 23 petition is to be filed for a child in need of assistance 5 24 proceeding. Otherwise, the voluntary placement order is to 5 25 expire at the close of the review hearing. 5 26 Division II relates to release of child abuse information. 5 27 Code section 235A.15, which governs access to confidential 5 28 child abuse information is amended. The amendment expands the 5 29 list of persons with access to report and disposition data for 5 30 founded cases of child abuse. Access is provided to 5 31 individuals with a bona fide reason requesting information on 5 32 a specific case of child abuse which resulted in a child 5 33 fatality or near fatality. The access is required under 5 34 federal law as a condition of receiving a grant for child 5 35 abuse and neglect prevention and treatment programs under 42 6 1 U.S.C. } 5106a. 6 2 Division III relates to annual group foster care and child 6 3 welfare decategorization plans. 6 4 Code section 232.143, relating to regional group foster 6 5 care targets, is amended. The amendment provides that 6 6 regional plans are to be established within 60 calendar days 6 7 of the date by which the group foster care budget target for 6 8 the region is established. Current law provides that the 6 9 plans must be developed prior to the fiscal year to which the 6 10 plan applies. 6 11 Code section 232.188, relating to decategorization of child 6 12 welfare funding, is amended. The amendment provides that a 6 13 decategorization board must agree with the department upon a 6 14 budget for a fiscal year within 60 calendar days of the date 6 15 by which the regional group foster care budget targets are 6 16 determined for that fiscal year. Current law provides that 6 17 the budget must be agreed to prior to the fiscal year. 6 18 LSB 1257HC 78 6 19 jp/cf/24
Text: HSB00180 Text: HSB00182 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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