Text: SF02343 Text: SF02345 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2344 1 2 1 3 AN ACT 1 4 RELATING TO CHILD AND FAMILY SERVICES ADMINISTERED BY THE 1 5 DEPARTMENT OF HUMAN SERVICES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 DIVISION I 1 10 HOME CONDITION INVESTIGATIONS 1 11 Section 1. Section 598.12, subsections 2 and 3, Code 1999, 1 12 are amended to read as follows: 1 13 2. The court may require thatthe department of human1 14services oran appropriate agency make an investigation of 1 15 both parties regarding the home conditions, parenting 1 16 capabilities, and other matters pertinent to the best 1 17 interests of the child or children in a dispute concerning 1 18 custody of the child or children. The investigation report 1 19 completed by thedepartment of human services or an1 20 appropriate agency shall be submitted to the court and 1 21 available to both parties. The investigation report completed 1 22 by thedepartment of human services or anappropriate agency 1 23 shall be a part of the record unless otherwise ordered by the 1 24 court. 1 25 3. The court shall enter an order in favor of the 1 26 attorney, the department of human services,or an appropriate 1 27 agency for fees and disbursements,whichand the amount shall 1 28 be charged against the party responsible for court costs 1 29 unless the court determines that the party responsible for 1 30 costs is indigent in which event the fees shall be borne by 1 31 the county. 1 32 DIVISION II 1 33 ABUSE REGISTRY ACCESS 1 34 Sec. 2. Section 235A.19, subsection 2, paragraph b, Code 1 35 1999, is amended by adding the following new subparagraph: 2 1 NEW SUBPARAGRAPH. (8) For statutorily authorized record 2 2 checks for employment of an individual by a provider of adult 2 3 home care, adult health facility care, or other adult 2 4 placement facility care. 2 5 Sec. 3. Section 235B.6, subsection 2, paragraph e, Code 2 6 Supplement 1999, is amended by adding the following new 2 7 subparagraph: 2 8 NEW SUBPARAGRAPH. (8) To the administrator of an agency 2 9 providing care to a dependent adult in another state, for the 2 10 purpose of performing an employment background check. 2 11 DIVISION III 2 12 CASE PERMANENCY PLANS 2 13 AND OTHER CHILD WELFARE 2 14 REQUIREMENTS 2 15 Sec. 4. Section 232.2, subsection 4, unnumbered paragraph 2 16 1, Code Supplement 1999, is amended to read as follows: 2 17 "Case permanency plan" means the plan, mandated by Pub. L. 2 18 No. 96-272 and Pub. L. No. 105-89, as codified in 42 U.S.C. } 2 19 622(b)(10), 671(a)(16),627(a)(2)(B),and 675(1),(5), which is 2 20 designed to achieve placement in the most appropriate, least 2 21 restrictive, and most family-like, and most appropriate 2 22 setting available and in close proximity to the parent's home, 2 23 consistent with the best interests and special needs of the 2 24 child, and which considers the placement's proximity to the 2 25 school in which the child is enrolled at the time of 2 26 placement. The plan shall be developed by the department or 2 27 agency involved and the child's parent, guardian, or 2 28 custodian. The plan shall specifically include all of the 2 29 following: 2 30 Sec. 5. Section 232.2, subsection 4, Code Supplement 1999, 2 31 is amended by adding the following new paragraphs: 2 32 NEW PARAGRAPH. i. A provision that a designee of the 2 33 department or other person responsible for placement of a 2 34 child out of state shall visit the child at least once every 2 35 twelve months. 3 1 NEW PARAGRAPH. j. If it has been determined that the 3 2 child cannot return to the child's home, documentation of the 3 3 steps taken to make and finalize an adoption or other 3 4 permanent placement. 3 5 Sec. 6. Section 232.78, subsection 3, Code Supplement 3 6 1999, is amended to read as follows: 3 7 3.The order shall specify the facility to which the child3 8is to be brought.Except for good cause shown or unless the 3 9 child is sooner returned to the place where the child was 3 10 residing or permitted to return to the child care facility, a 3 11 petition shall be filed under this chapter within three days 3 12 of the issuance of the order. 3 13 Sec. 7. Section 232.78, subsection 6, Code Supplement 3 14 1999, is amended to read as follows: 3 15 6. Any person who may file a petition under this chapter 3 16 may apply for, or the court on its own motion may issue, an 3 17 order for temporary removal under this section. An 3 18 appropriate person designated by the court shall confer with a 3 19 person seeking the removal order, shall make every reasonable 3 20 effort to inform the parent or other person legally 3 21 responsible for the child's care of the application, and shall 3 22 make such inquiries as will aid the court in disposing of such 3 23 application. The person designated by the court shall file 3 24 with the court a complete written report providing all details 3 25 of the designee's conference with the person seeking the 3 26 removal order, the designee's efforts to inform the parents or 3 27 other person legally responsible for the child's care of the 3 28 application, any inquiries made by the designee to aid the 3 29 court in disposing of the application, and all information the 3 30 designee communicated to the court. The report shall be filed 3 31 within five days of the date of the removal order. If the 3 32 court does not designate an appropriate person who performs 3 33 the required duties, notwithstanding section 234.39 or any 3 34 other provision of law, the child's parent shall not be 3 35 responsible for paying the cost of care and services for the 4 1 duration of the removal order. 4 2 7. Any order entered under this section authorizing 4 3 temporary removal of a child shall includeaboth of the 4 4 following: 4 5 a. A statement that the temporary removal is the result of 4 6 a determination that the child remaining in the child's home 4 7 would be contrary to the welfare of the child, and that 4 8 reasonable efforts have been made to prevent or eliminate the 4 9 need for removal of the child from the child's home. 4 10 b. A statement informing the child's parent that the 4 11 consequences of a permanent removal may include termination of 4 12 the parent's rights with respect to the child. 4 13 Sec. 8. Section 232.95, subsection 1, Code 1999, is 4 14 amended to read as follows: 4 15 1. At any time after the petition is filed any person who 4 16 may file a petition under section 232.87 may apply for, or the 4 17 court on its own motion may order, a hearing to determine 4 18 whether the child should be temporarily removed from home. 4 19WhereIf the child is in the custody of a person other than 4 20 the child's parent, guardian, or custodian as the result of 4 21 action taken pursuant to section 232.78 or 232.79, the court 4 22 shall hold a hearing within ten days of the date of temporary 4 23 removal to determine whether the temporary removal should be 4 24 continued. 4 25 Sec. 9. Section 232.96, subsection 10, Code 1999, is 4 26 amended to read as follows: 4 27 10. If the court enters an order adjudicating the child to 4 28 be a child in need of assistance, the court, if it has not 4 29 previously done so, may issue an order authorizing temporary 4 30 removal of the child from the child's home as set forth in 4 31 section 232.95, subsection 2, paragraph "a", pending a final 4 32 order of disposition. The order shall includeaboth of the 4 33 following: 4 34 a. A statement that the temporary removal is the result of 4 35 a determination that the child remaining in the child's home 5 1 would be contrary to the welfare of the child, and that 5 2 reasonable efforts have been made to prevent or eliminate the 5 3 need for removal of the child from the child's home. 5 4 b. A statement informing the child's parent that the 5 5 consequences of a permanent removal may include termination of 5 6 the parent's rights with respect to the child. 5 7 Sec. 10. Section 232.102, subsection 10, paragraph a, 5 8 unnumbered paragraph 1, Code 1999, is amended to read as 5 9 follows: 5 10 As used in this section, "reasonable efforts" means the 5 11 efforts made to preserve and unify a family prior to the out- 5 12 of-home placement of a child in foster care or to eliminate 5 13 the need for removal of the child or make it possible for the 5 14 child to safely return to the family's home. If returning the 5 15 child to the family's home is not appropriate or not possible, 5 16 reasonable efforts shall include the efforts made in a timely 5 17 manner to finalize a permanency plan for the child. A child's 5 18 health and safety shall be the paramount concern in making 5 19 reasonable efforts. Reasonable efforts may include intensive 5 20 family preservation services or family-centered services, if 5 21 the child's safety in the home can be maintained during the 5 22 time the services are provided. In determining whether 5 23 reasonable efforts have been made, the court shall consider 5 24 both of the following: 5 25 Sec. 11. Section 232.104, subsection 1, paragraph a, 5 26 subparagraph (2), Code 1999, is amended to read as follows: 5 27 (2) For an order entered under section 232.102, for which 5 28 the court has waived reasonable efforts requirements under 5 29 section 232.102, subsection1112, the permanency hearing 5 30 shall be held within thirty days of the date the requirements 5 31 were waived. 5 32 Sec. 12. Section 232.104, subsection 1, paragraph c, Code 5 33 1999, is amended to read as follows: 5 34 c. Reasonable notice of a permanency hearing in a case of 5 35 juvenile delinquency shall be provided pursuant to section 6 1 232.37. A permanency hearing shall be conducted in 6 2 substantial conformance with the provisions of section 232.99. 6 3 During the hearing the court shall consider the child's need 6 4 for a secure and permanent placement in light of any 6 5 permanency plan or evidence submitted to the court. Upon 6 6 completion of the hearing the court shall enter written 6 7 findings and make a determinationbased upon the permanency6 8plan which will best serve the child's individual interests at6 9that timeidentifying a primary permanency goal for the child. 6 10 If a permanency plan is in effect at the time of the hearing, 6 11 the court shall also make a determination as to whether 6 12 reasonable progress is being made in achieving the permanency 6 13 goal and other provisions of that permanency plan. 6 14 Sec. 13. Section 237.15, subsection 1, Code 1999, is 6 15 amended by striking the subsection and inserting in lieu 6 16 thereof the following: 6 17 1. "Case permanency plan" means the same as defined in 6 18 section 232.2, subsection 4, except the plan shall also 6 19 include the following: 6 20 a. The efforts to place the child with a relative. 6 21 b. The rationale for an out-of-state placement, and the 6 22 efforts to prevent such placement, if the child has been 6 23 placed out-of-state. 6 24 c. Time frames to meet the stated permanency goal and 6 25 short-term objectives. 6 26 DIVISION IV 6 27 STATE CHILD CARE ASSISTANCE 6 28 Sec. 14. Section 237A.1, Code Supplement 1999, is amended 6 29 by adding the following new subsection: 6 30 NEW SUBSECTION. 12A. "Poverty level" means the poverty 6 31 level defined by the most recently revised poverty income 6 32 guidelines published by the United States department of health 6 33 and human services. 6 34 Sec. 15. NEW SECTION. 237A.13 STATE CHILD CARE 6 35 ASSISTANCE. 7 1 1. A state child care assistance program is established in 7 2 the department to assist children in families who meet 7 3 eligibility guidelines and are described by any of the 7 4 following circumstances: 7 5 a. The child's parent, guardian, or custodian is 7 6 participating in approved academic or vocational training. 7 7 b. The child's parent, guardian, or custodian is seeking 7 8 employment. Eligibility for assistance while seeking 7 9 employment shall be limited to thirty days during a twelve- 7 10 month period. 7 11 c. The child's parent, guardian, or custodian is employed 7 12 and the family income meets income requirements. 7 13 d. The child's parent, guardian, or custodian is absent 7 14 for a limited period of time due to hospitalization, physical 7 15 illness, or mental illness. 7 16 e. The child needs protective services to prevent or 7 17 alleviate child abuse or neglect. 7 18 2. Services under the program may be provided in a 7 19 licensed child care center, a registered group child care 7 20 home, a registered family child care home, the home of a 7 21 relative, the child's own home, an unregistered family child 7 22 care home, or in a facility exempt from licensing or 7 23 registration. 7 24 3. The department shall set reimbursement rates as 7 25 authorized by appropriations enacted for payment of the 7 26 reimbursements. The department shall conduct a statewide 7 27 reimbursement rate survey to compile information on each 7 28 county and the survey shall be conducted at least every two 7 29 years. The department shall set rates in a manner so as to 7 30 provide incentives for an unregistered provider to become 7 31 registered. 7 32 4. The department shall not apply waiting list 7 33 requirements to any of the following persons: 7 34 a. Persons deemed to be eligible for benefits under the 7 35 state child care assistance program in accordance with section 8 1 239B.24. 8 2 b. A family that is receiving state child care assistance 8 3 at the time a child is born into the family. The newborn 8 4 child shall be approved for services when the family reports 8 5 the birth of the child. 8 6 c. Children who need protective services to prevent or 8 7 alleviate child abuse or neglect. 8 8 5. Based upon the availability of the funding appropriated 8 9 for state child care assistance for a fiscal year, the 8 10 department shall establish waiting lists for state child care 8 11 assistance in descending order of prioritization as follows: 8 12 a. Families with an income at or below one hundred percent 8 13 of the federal poverty level whose members are employed at 8 14 least twenty-eight hours per week, and parents with a family 8 15 income at or below one hundred percent of the federal poverty 8 16 level who are under the age of twenty-one years and are 8 17 participating in an educational program leading to a high 8 18 school diploma or the equivalent. 8 19 b. Parents with a family income at or below one hundred 8 20 percent of the federal poverty level who are under the age of 8 21 twenty-one years and are participating, at a satisfactory 8 22 level, in an approved training program or in an educational 8 23 program. 8 24 c. Families with an income of more than one hundred 8 25 percent but not more than one hundred forty percent of the 8 26 federal poverty level whose members are employed at least 8 27 twenty-eight hours per week. 8 28 d. Families with an income at or below one hundred 8 29 seventy-five percent of the federal poverty level whose 8 30 members are employed at least twenty-eight hours per week with 8 31 a special needs child as a member of the family. 8 32 6. Nothing in this section shall be construed as or is 8 33 intended as, or shall imply, a grant of entitlement for 8 34 services to persons who are eligible for assistance due to an 8 35 income level or other eligibility circumstance addressed in 9 1 this section. Any state obligation to provide services 9 2 pursuant to this section is limited to the extent of the funds 9 3 appropriated for the purposes of state child care assistance. 9 4 Sec. 16. Section 239B.24, subsection 1, Code Supplement 9 5 1999, is amended to read as follows: 9 6 1. The following persons are deemed to be eligible for 9 7 benefits under the state child care assistance program 9 8 administered by the department in accordance with section 9 9 237A.13, notwithstanding the program's eligibility 9 10 requirements or any waiting list: 9 11 Sec. 17. CHILD CARE REIMBURSEMENT ALTERNATIVES. The 9 12 department of human services shall review alternatives for 9 13 applying child care reimbursement rates on a county, cluster, 9 14 and regional basis. The department shall prepare a report 9 15 concerning the review, including findings and recommendations. 9 16 The report shall be submitted to the members of the joint 9 17 appropriations subcommittee on human services, legislative 9 18 fiscal bureau, and legislative service bureau on or before 9 19 December 15, 2000. 9 20 9 21 9 22 9 23 MARY E. KRAMER 9 24 President of the Senate 9 25 9 26 9 27 9 28 BRENT SIEGRIST 9 29 Speaker of the House 9 30 9 31 I hereby certify that this bill originated in the Senate and 9 32 is known as Senate File 2344, Seventy-eighth General Assembly. 9 33 9 34 9 35 10 1 MICHAEL E. MARSHALL 10 2 Secretary of the Senate 10 3 Approved , 2000 10 4 10 5 10 6 10 7 THOMAS J. VILSACK 10 8 Governor
Text: SF02343 Text: SF02345 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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