Text: SSB01077 Text: SSB01079 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 FOSTER HOME DAMAGES 1 3 Section 1. Section 237.13, subsection 3, Code 1999, is 1 4 amended to read as follows: 1 5 3. Except as provided in this section, the fund shall pay, 1 6 on behalf of each licensed foster home, any valid and approved 1 7 claim of foster children, their parents, guardians, or 1 8 guardians ad litem, for damages arising from the foster care 1 9 relationship and the provision of foster care services. The 1 10 fund shall alsoreimbursecompensate licensed foster homes for 1 11 property damage, at replacement cost, or bodily injury, as a 1 12 result of the activities of the foster child, and reasonable 1 13 and necessary legal fees incurred in defense of civil claims 1 14 filed pursuant to subsection 7, paragraph "d", and any 1 15 judgments awarded as a result of such claims. 1 16 Sec. 2. Section 237.13, subsection 4, paragraph g, Code 1 17 1999, is amended by striking the paragraph. 1 18 Sec. 3. Section 237.13, subsection 4, paragraph h, Code 1 19 1999, is amended by striking the paragraph. 1 20 Sec. 4. Section 237.13, subsection 6, Code 1999, is 1 21 amended to read as follows: 1 22 6. The fund is not liable for the firstseventy-fiveone 1 23 hundred dollarsof any claim based on a single occurrencefor 1 24 all claims arising out of one or more occurrences during a 1 25 fiscal year related to a single foster home. The fund is not 1 26 liable for damages in excess of three hundred thousand dollars 1 27for a single foster homefor all claims arising out of one or 1 28 more occurrences during acalendarfiscal year related to a 1 29 single foster home. 1 30 Sec. 5. TRANSITION TO FISCAL YEAR. The limit on foster 1 31 home insurance fund liability established in section 237.13, 1 32 subsection 6, in effect for the calendar year beginning 1 33 January 1, 1999, shall apply through June 30, 1999. 1 34 DIVISION II 1 35 VOLUNTARY FOSTER CARE PLACEMENTS 2 1 Sec. 6. Section 232.2, subsection 57, Code 1999, is 2 2 amended by striking the subsection. 2 3 Sec. 7. Section 234.6, subsection 6, paragraph f, Code 2 4 1999, is amended to read as follows: 2 5 f. Services or support provided to a child with mental 2 6 retardation or other developmental disability or to the 2 7 child's family, either voluntarily by the department of human2 8services or in accordance with a court order entered under2 9section 222.31 or 232.182, subsection 5. 2 10 Sec. 8. Section 234.35, subsection 1, paragraph i, Code 2 11 1999, is amended by striking the paragraph. 2 12 Sec. 9. Sections 232.175, 232.176, 232.177, 232.178, 2 13 232.179, 232.180, 232.181, 232.182, and 232.183, Code 1999, 2 14 are repealed. 2 15 Sec. 10. DISPOSITIONAL REVIEW. Any order entered under 2 16 section 232.182 or 232.183 which remains in effect on the 2 17 effective date of this division shall remain in effect until 2 18 the court has conducted a dispositional review hearing. The 2 19 dispositional review hearing shall be held upon the request of 2 20 the department of human services or upon the court's own 2 21 motion. The review hearing shall be subject to substantially 2 22 the same procedural requirements as outlined in section 2 23 232.183 and in effect prior to the section's repeal except 2 24 that the dispositional orders that the court may enter shall 2 25 be as provided in this section. The purpose of the review 2 26 hearing is to determine whether the child's parent, guardian, 2 27 or custodian has failed to fulfill responsibilities outlined 2 28 in the case permanency plan and that the child should remain 2 29 in foster care upon termination of the order. If the court 2 30 finds the child's parent, guardian, or custodian has failed to 2 31 fulfill responsibilities outlined in the case permanency plan 2 32 and that the child should remain in foster care, the court 2 33 shall enter an order that the child remain in foster care and 2 34 that the county attorney or department file, within three 2 35 days, a petition alleging the child to be a child in need of 3 1 assistance. Otherwise, the order entered under section 3 2 232.182 or 232.183 shall expire at the close of the 3 3 dispositional review hearing. 3 4 Sec. 11. EFFECTIVE DATE. This division of this Act takes 3 5 effect on July 1, 1999, or upon the date of approval by the 3 6 federal government of the waiver request submitted by the 3 7 department of human services pursuant to 1998 Iowa Acts, 3 8 chapter 1218, section 7, subsection 10, whichever is later. 3 9 The department of human services shall notify the Code editor 3 10 concerning receipt of the federal approval. 3 11 DIVISION III 3 12 RELEASE OF CHILD ABUSE INFORMATION 3 13 Sec. 12. Section 235A.15, subsection 2, paragraph e, Code 3 14 1999, is amended by adding the following new subparagraph: 3 15 NEW SUBPARAGRAPH. (16) To an individual with a bona fide 3 16 reason who is requesting information on a specific case of 3 17 child abuse which resulted in a child fatality or near 3 18 fatality. 3 19 DIVISION IV 3 20 ANNUAL GROUP FOSTER CARE AND DECATEGORIZATION PLANS 3 21 Sec. 13. Section 232.143, subsection 2, Code 1999, is 3 22 amended to read as follows: 3 23 2. For each of the department's regions, representatives 3 24 appointed by the department and the juvenile court shall 3 25 establish a plan for containing the expenditures for children 3 26 placed in group foster care ordered by the court within the 3 27 budget target allocated to that region pursuant to subsection 3 28 1. The plan shall include monthly targets and strategies for 3 29 developing alternatives to group foster care placements in 3 30 order to contain expenditures for child welfare services 3 31 within the amount appropriated by the general assembly for 3 32 that purpose. Each regional plan shall be establishedin3 33advance of the fiscal year to which the regional plan applies3 34 within sixty days of the date by which the group foster care 3 35 budget target for the region is determined. To the extent 4 1 possible, the department and the juvenile court shall 4 2 coordinate the planning required under this subsection with 4 3 planning for services paid under section 232.141, subsection 4 4 4. The department's regional administrator shall communicate 4 5 regularly, as specified in the regional plan, with the 4 6 juvenile courts within that region concerning the current 4 7 status of the regional plan's implementation. 4 8 Sec. 14. Section 232.188, subsection 4, Code 1999, is 4 9 amended to read as follows: 4 10 4. In a decategorization agreement, the department and the 4 11 county's or group of counties' decategorization governance 4 12 board shall agree on all of the following items: the 4 13 governance relationship between the department and the 4 14 decategorization governance board; the respective areas of 4 15 autonomy of the department and the board; the budgeting 4 16 structure for the decategorization; and a method for resolving 4 17 disputes between the department and the board. The 4 18 decategorization agreement shall require the department and 4 19 the decategorization governance board to agree upon a budget 4 20on or before June 15 of the fiscal year preceding thewithin 4 21 sixty days of the date by which the regional group foster care 4 22 budget targets are determined under section 232.143 for the 4 23 fiscal year to which the budget applies. The budget may later 4 24 be modified to reflect new or changed circumstances. 4 25 EXPLANATION 4 26 This bill relates to child welfare provisions involving 4 27 foster home damages, voluntary foster care placements of 4 28 children with mental retardation or other developmental 4 29 disability, release of child abuse information, and annual 4 30 group foster care and decategorization plans. 4 31 Division I of the bill relates to reimbursement or payment 4 32 of claims by the state for damages involving individuals 4 33 providing foster home, guardian, or conservator services. 4 34 Code section 237.13, establishing the foster home insurance 4 35 fund administered by the department of human services, is 5 1 amended in a number of ways. 5 2 The bill amends Code section 237.13, subsection 4, to 5 3 provide that compensation of valid claims for property damage, 5 4 at replacement cost, or bodily injury shall be made from the 5 5 fund. 5 6 Code section 237.13, subsection 4, paragraph "g", is 5 7 repealed. This paragraph provides that the fund is not liable 5 8 for any claim for which compensation has been provided by, or 5 9 is available from, any other source including the child's own 5 10 funds. 5 11 Code section 237.13, subsection 4, paragraph "h", is 5 12 repealed. This paragraph provides that the fund is not liable 5 13 for the liability of a foster parent due solely to the foster 5 14 parent's failure to obtain automobile or homeowner's 5 15 insurance. 5 16 Code section 237.13, subsection 6, is amended. Current law 5 17 providing that the fund is not liable for the first $75 of 5 18 each claim is changed to provide that the fund is not liable 5 19 for the first $100 of all claims during a fiscal year for a 5 20 single foster home. In addition, the overall liability limit 5 21 of $300,000 is made applicable to a fiscal year instead of the 5 22 calendar year in current law. The bill includes a transition 5 23 provision for the calendar year underway as of the bill's 5 24 effective date. That calendar year limit is only applicable 5 25 through June 30, 1999. 5 26 Division II repeals juvenile justice code provisions for 5 27 voluntary foster care placements of children with mental 5 28 retardation or other developmental disability. The repeal is 5 29 contingent upon federal approval of a medical assistance 5 30 (Medicaid) home and community-based services waiver. The 5 31 waiver provisions would allow children with mental retardation 5 32 who would otherwise require treatment in an intermediate care 5 33 facility for persons with mental retardation (ICFMR) to 5 34 instead be served in out-of-home settings of eight beds or 5 35 less which meet standards established by the department of 6 1 human services. 6 2 In addition to the repeals in Code chapter 232, the bill 6 3 amends references to the repealed provisions in Code chapter 6 4 237 which relate to group foster care and state payment 6 5 responsibility. 6 6 Any orders still in effect upon the repeal are subject to a 6 7 dispositional review hearing to determine whether the child's 6 8 parent, guardian, or custodian has failed to fulfill the 6 9 responsibilities outlined in the child's case permanency plan. 6 10 If so, the court is to enter an order for the child to remain 6 11 in foster care and a petition is to be filed for a child in 6 12 need of assistance proceeding. Otherwise, the voluntary 6 13 placement order is to expire at the close of the review 6 14 hearing. 6 15 Division III relates to release of child abuse information. 6 16 Code section 235A.15, which governs access to confidential 6 17 child abuse information is amended. The amendment expands the 6 18 list of persons with access to report and disposition data for 6 19 founded cases of child abuse. Access is provided to 6 20 individuals with a bona fide reason requesting information on 6 21 a specific case of child abuse which resulted in a child 6 22 fatality or near fatality. The access is required under 6 23 federal law as a condition of receiving a grant for child 6 24 abuse and neglect prevention and treatment programs under 42 6 25 U.S.C. } 5106a. 6 26 Division IV relates to annual group foster care and child 6 27 welfare decategorization plans. 6 28 Code section 232.143, relating to regional group foster 6 29 care targets, is amended. The amendment provides that 6 30 regional plans are to be established within 60 calendar days 6 31 of the date by which the group foster care budget target for 6 32 the region is established. Current law provides that the 6 33 plans must be developed prior to the fiscal year to which the 6 34 plan applies. 6 35 Code section 232.188, relating to decategorization of child 7 1 welfare funding, is amended. The amendment provides that a 7 2 decategorization board must agree with the department upon a 7 3 budget for a fiscal year within 60 calendar days of the date 7 4 by which the regional group foster care budget targets are 7 5 determined for that fiscal year. Current law provides that 7 6 the budget must be agreed to prior to the fiscal year. 7 7 LSB 1257DP 78 7 8 jp/cf/24
Text: SSB01077 Text: SSB01079 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Sat Feb 6 03:31:26 CST 1999
URL: /DOCS/GA/78GA/Legislation/SSB/01000/SSB01078/990204.html
jhf