Text: S05209 Text: S05211 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2344, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 2, line 4, by inserting after the word 1 4 "PLANS" the following: "AND OTHER CHILD WELFARE 1 5 REQUIREMENTS". 1 6 #2. Page 2, by striking line 9 and inserting the 1 7 following: "622(b)(10), 671(a)(16),627(a)(2)(B),and 1 8 675(1), (5), which is designed to". 1 9 #3. Page 2, line 11, by inserting after the words 1 10 "family-like" the following: ", and most 1 11 appropriate". 1 12 #4. Page 2, by inserting after line 18 the 1 13 following: 1 14 "Sec. . Section 232.2, subsection 4, Code 1 15 Supplement 1999, is amended by adding the following 1 16 new paragraphs: 1 17 NEW PARAGRAPH. i. A provision that a designee of 1 18 the department or other person responsible for 1 19 placement of a child out of state shall visit the 1 20 child at least once every twelve months. 1 21 NEW PARAGRAPH. j. If it has been determined that 1 22 the child cannot return to the child's home, 1 23 documentation of the steps taken to make and finalize 1 24 an adoption or other permanent placement. 1 25 Sec. . Section 232.78, subsection 3, Code 1 26 Supplement 1999, is amended to read as follows: 1 27 3.The order shall specify the facility to which1 28the child is to be brought.Except for good cause 1 29 shown or unless the child is sooner returned to the 1 30 place where the child was residing or permitted to 1 31 return to the child care facility, a petition shall be 1 32 filed under this chapter within three days of the 1 33 issuance of the order. 1 34 Sec. . Section 232.78, subsection 6, Code 1 35 Supplement 1999, is amended to read as follows: 1 36 6. Any person who may file a petition under this 1 37 chapter may apply for, or the court on its own motion 1 38 may issue, an order for temporary removal under this 1 39 section. An appropriate person designated by the 1 40 court shall confer with a person seeking the removal 1 41 order, shall make every reasonable effort to inform 1 42 the parent or other person legally responsible for the 1 43 child's care of the application, and shall make such 1 44 inquiries as will aid the court in disposing of such 1 45 application. The person designated by the court shall 1 46 file with the court a complete written report 1 47 providing all details of the designee's conference 1 48 with the person seeking the removal order, the 1 49 designee's efforts to inform the parents or other 1 50 person legally responsible for the child's care of the 2 1 application, any inquiries made by the designee to aid 2 2 the court in disposing of the application, and all 2 3 information the designee communicated to the court. 2 4 The report shall be filed within five days of the date 2 5 of the removal order. If the court does not designate 2 6 an appropriate person who performs the required 2 7 duties, notwithstanding section 234.39 or any other 2 8 provision of law, the child's parent shall not be 2 9 responsible for paying the cost of care and services 2 10 for the duration of the removal order. 2 11 7. Any order entered under this section 2 12 authorizing temporary removal of a child shall include 2 13aboth of the following: 2 14 a. A statement that the temporary removal is the 2 15 result of a determination that the child remaining in 2 16 the child's home would be contrary to the welfare of 2 17 the child, and that reasonable efforts have been made 2 18 to prevent or eliminate the need for removal of the 2 19 child from the child's home. 2 20 b. A statement informing the child's parent that 2 21 the consequences of a permanent removal may include 2 22 termination of the parent's rights with respect to the 2 23 child. 2 24 Sec. . Section 232.95, subsection 1, Code 1999, 2 25 is amended to read as follows: 2 26 1. At any time after the petition is filed any 2 27 person who may file a petition under section 232.87 2 28 may apply for, or the court on its own motion may 2 29 order, a hearing to determine whether the child should 2 30 be temporarily removed from home.WhereIf the child 2 31 is in the custody of a person other than the child's 2 32 parent, guardian, or custodian as the result of action 2 33 taken pursuant to section 232.78 or 232.79, the court 2 34 shall hold a hearing within ten days of the date of 2 35 temporary removal to determine whether the temporary 2 36 removal should be continued. 2 37 Sec. . Section 232.96, subsection 10, Code 2 38 1999, is amended to read as follows: 2 39 10. If the court enters an order adjudicating the 2 40 child to be a child in need of assistance, the court, 2 41 if it has not previously done so, may issue an order 2 42 authorizing temporary removal of the child from the 2 43 child's home as set forth in section 232.95, 2 44 subsection 2, paragraph "a", pending a final order of 2 45 disposition. The order shall includeaboth of the 2 46 following: 2 47 a. A statement that the temporary removal is the 2 48 result of a determination that the child remaining in 2 49 the child's home would be contrary to the welfare of 2 50 the child, and that reasonable efforts have been made 3 1 to prevent or eliminate the need for removal of the 3 2 child from the child's home. 3 3 b. A statement informing the child's parent that 3 4 the consequences of a permanent removal may include 3 5 termination of the parent's rights with respect to the 3 6 child. 3 7 Sec. . Section 232.102, subsection 10, 3 8 paragraph a, unnumbered paragraph 1, Code 1999, is 3 9 amended to read as follows: 3 10 As used in this section, "reasonable efforts" means 3 11 the efforts made to preserve and unify a family prior 3 12 to the out-of-home placement of a child in foster care 3 13 or to eliminate the need for removal of the child or 3 14 make it possible for the child to safely return to the 3 15 family's home. If returning the child to the family's 3 16 home is not appropriate or not possible, reasonable 3 17 efforts shall include the efforts made in a timely 3 18 manner to finalize a permanency plan for the child. A 3 19 child's health and safety shall be the paramount 3 20 concern in making reasonable efforts. Reasonable 3 21 efforts may include intensive family preservation 3 22 services or family-centered services, if the child's 3 23 safety in the home can be maintained during the time 3 24 the services are provided. In determining whether 3 25 reasonable efforts have been made, the court shall 3 26 consider both of the following: 3 27 Sec. . Section 232.104, subsection 1, paragraph 3 28 a, subparagraph (2), Code 1999, is amended to read as 3 29 follows: 3 30 (2) For an order entered under section 232.102, 3 31 for which the court has waived reasonable efforts 3 32 requirements under section 232.102, subsection1112, 3 33 the permanency hearing shall be held within thirty 3 34 days of the date the requirements were waived. 3 35 Sec. . Section 232.104, subsection 1, paragraph 3 36 c, Code 1999, is amended to read as follows: 3 37 c. Reasonable notice of a permanency hearing in a 3 38 case of juvenile delinquency shall be provided 3 39 pursuant to section 232.37. A permanency hearing 3 40 shall be conducted in substantial conformance with the 3 41 provisions of section 232.99. During the hearing the 3 42 court shall consider the child's need for a secure and 3 43 permanent placement in light of any permanency plan or 3 44 evidence submitted to the court. Upon completion of 3 45 the hearing the court shall enter written findings and 3 46 make a determinationbased upon the permanency plan3 47which will best serve the child's individual interests3 48at that timeidentifying a primary permanency goal for 3 49 the child. If a permanency plan is in effect at the 3 50 time of the hearing, the court shall also make a 4 1 determination as to whether reasonable progress is 4 2 being made in achieving the permanency goal and other 4 3 provisions of that permanency plan." 4 4 #5. Page 2, by inserting after line 30 the 4 5 following: 4 6 "DIVISION ___ 4 7 STATE CHILD CARE ASSISTANCE 4 8 Sec. . Section 237A.1, Code Supplement 1999, is 4 9 amended by adding the following new subsection: 4 10 NEW SUBSECTION. 12A. "Poverty level" means the 4 11 poverty level defined by the most recently revised 4 12 poverty income guidelines published by the United 4 13 States department of health and human services. 4 14 Sec. . NEW SECTION. 237A.13 STATE CHILD CARE 4 15 ASSISTANCE. 4 16 1. A state child care assistance program is 4 17 established in the department to assist children in 4 18 families who meet eligibility guidelines and are 4 19 described by any of the following circumstances: 4 20 a. The child's parent, guardian, or custodian is 4 21 participating in approved academic or vocational 4 22 training. 4 23 b. The child's parent, guardian, or custodian is 4 24 seeking employment. Eligibility for assistance while 4 25 seeking employment shall be limited to thirty days 4 26 during a twelve-month period. 4 27 c. The child's parent, guardian, or custodian is 4 28 employed and the family income meets income 4 29 requirements. 4 30 d. The child's parent, guardian, or custodian is 4 31 absent for a limited period of time due to 4 32 hospitalization, physical illness, or mental illness. 4 33 e. The child needs protective services to prevent 4 34 or alleviate child abuse or neglect. 4 35 2. Services under the program may be provided in a 4 36 licensed child care center, a registered group child 4 37 care home, a registered family child care home, the 4 38 home of a relative, the child's own home, an 4 39 unregistered family child care home, or in a facility 4 40 exempt from licensing or registration. 4 41 3. The department shall set reimbursement rates as 4 42 authorized by appropriations enacted for payment of 4 43 the reimbursements. The department shall conduct a 4 44 statewide reimbursement rate survey to compile 4 45 information on each county and the survey shall be 4 46 conducted at least every two years. The department 4 47 shall set rates in a manner so as to provide 4 48 incentives for an unregistered provider to become 4 49 registered. 4 50 4. The department shall not apply waiting list 5 1 requirements to any of the following persons: 5 2 a. Persons deemed to be eligible for benefits 5 3 under the state child care assistance program in 5 4 accordance with section 239B.24. 5 5 b. A family that is receiving state child care 5 6 assistance at the time a child is born into the 5 7 family. The newborn child shall be approved for 5 8 services when the family reports the birth of the 5 9 child. 5 10 c. Children who need protective services to 5 11 prevent or alleviate child abuse or neglect. 5 12 5. Based upon the availability of the funding 5 13 appropriated for state child care assistance for a 5 14 fiscal year, the department shall establish waiting 5 15 lists for state child care assistance in descending 5 16 order of prioritization as follows: 5 17 a. Families with an income at or below one hundred 5 18 percent of the federal poverty level whose members are 5 19 employed at least twenty-eight hours per week, and 5 20 parents with a family income at or below one hundred 5 21 percent of the federal poverty level who are under the 5 22 age of twenty-one years and are participating in an 5 23 educational program leading to a high school diploma 5 24 or the equivalent. 5 25 b. Parents with a family income at or below one 5 26 hundred percent of the federal poverty level who are 5 27 under the age of twenty-one years and are 5 28 participating, at a satisfactory level, in an approved 5 29 training program or in an educational program. 5 30 c. Families with an income of more than one 5 31 hundred percent but not more than one hundred forty 5 32 percent of the federal poverty level whose members are 5 33 employed at least twenty-eight hours per week. 5 34 d. Families with an income at or below one hundred 5 35 seventy-five percent of the federal poverty level 5 36 whose members are employed at least twenty-eight hours 5 37 per week with a special needs child as a member of the 5 38 family. 5 39 6. Nothing in this section shall be construed as 5 40 or is intended as, or shall imply, a grant of 5 41 entitlement for services to persons who are eligible 5 42 for assistance due to an income level or other 5 43 eligibility circumstance addressed in this section. 5 44 Any state obligation to provide services pursuant to 5 45 this section is limited to the extent of the funds 5 46 appropriated for the purposes of state child care 5 47 assistance. 5 48 Sec. . Section 239B.24, subsection 1, Code 5 49 Supplement 1999, is amended to read as follows: 5 50 1. The following persons are deemed to be eligible 6 1 for benefits under the state child care assistance 6 2 program administered by the department in accordance 6 3 with section 237A.13, notwithstanding the program's 6 4 eligibility requirements or any waiting list: 6 5 Sec. . CHILD CARE REIMBURSEMENT ALTERNATIVES. 6 6 The department of human services shall review 6 7 alternatives for applying child care reimbursement 6 8 rates on a county, cluster, and regional basis. The 6 9 department shall prepare a report concerning the 6 10 review, including findings and recommendations. The 6 11 report shall be submitted to the members of the joint 6 12 appropriations subcommittee on human services, 6 13 legislative fiscal bureau, and legislative service 6 14 bureau on or before December 15, 2000." 6 15 #6. By renumbering, relettering, or redesignating 6 16 and correcting internal references as necessary. 6 17 SF 2344H 6 18 jp/jg/25
Text: S05209 Text: S05211 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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