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Senate Amendment 5210

Amendment Text

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 which
  1 28 the 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 13 a both 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.  Where If 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 include a both 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, subsection 11 12,
  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 determination based upon the permanency plan
  3 47 which will best serve the child's individual interests
  3 48 at that time identifying 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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