Text: HF00455 Text: HF00457 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 FOSTER HOME INSURANCE FUND 1 3 Section 1. Section 237.13, subsection 1, paragraph b, Code 1 4 2001, is amended to read as follows: 1 5 b. A guardian appointed on a voluntary petition pursuant 1 6 to section 232.178, or a voluntary petition of a ward pursuant 1 7 to section 633.557, or a conservator appointed on a voluntary 1 8 petition of a ward pursuant to section 633.572, provided the 1 9 ward has an income that does not exceed one hundred fifty 1 10 percent of the current federal office of management and budget 1 11 poverty guidelines and who does not have resources in excess 1 12 of the criteria for resources under the federal supplemental 1 13 security income program. However, the ward's ownership of one 1 14 residence and one vehicle shall not be considered in 1 15 determining resources. 1 16 Sec. 2. Section 237.13, subsection 5, Code 2001, is 1 17 amended to read as follows: 1 18 5. Except as provided in this section, the fund shall pay, 1 19 on behalf of a guardian or conservator, the reasonable and 1 20 necessary legal costs incurred in defending against a suit 1 21 filed by a ward or the ward's representative and the damages 1 22 awarded as a result of the suit, so long as it is determined 1 23 that the guardian or conservator acted in good faith in the 1 24 performance oftheirthe guardian's or conservator's duties. 1 25 A payment shall not be made if there is evidence of 1 26 intentional misconduct or a knowing violation of the law by 1 27 the guardian or conservator, including, but not limited to, 1 28 failure to carry out the applicable responsibilities required 1 29 under chapter 232 and sections 633.633 through 633.635 and 1 30 633.641 through 633.650. 1 31 DIVISION II 1 32 GROUP CHILD CARE PROVIDERS 1 33 Sec. 3. Section 237A.3, subsection 2, paragraph b, Code 1 34 2001, is amended to read as follows: 1 35 b. Except as provided in subsection 3, a group child care 2 1 home shall not provide child care to more than eleven children 2 2 at any one time. If there are more than six children present 2 3 for a period of two hours or more, the group child care home 2 4 must have at least one responsible individual who is at least 2 5 fourteen years of age present to assist the group child care 2 6 provider in accordance with either of the following 2 7 conditions: 2 8 (1) If the responsible individual is a joint holder of the 2 9 certificate of registration, not more than four of the 2 10 children present shall beless than twenty-four months of age2 11and not more than ten of the children present shall be twenty-2 12four months of age or older but not attending school in2 13kindergarten or a higher grade levelinfants. The total 2 14 number of children present at any one time who are younger 2 15 than school age, including infants, shall not exceed eleven. 2 16 (2) If the responsible individual is not a joint holder of 2 17 the certificate of registration, but is at least fourteen 2 18 years of age, not more than four of the children shall beless2 19than twenty-four months of ageinfants and each child in 2 20 excess of six children shall beattending school in2 21kindergarten or a higher grade levelschool age. 2 22 Sec. 4. Section 237A.3A, subsection 1, Code 2001, is 2 23 amended to read as follows: 2 24 1. PILOT PROJECT. The department shall implement a pilot 2 25 project applying the provisions of this section to registered 2 26 family or group child care homes located in one county of this 2 27 state. The provisions of this section shall not apply to 2 28 unregistered family child care homes located in the pilot 2 29 project county. The county selected for the pilot project 2 30 shall be a rural county where there is interest among child 2 31 care providers and consumers in implementing the pilot 2 32 project. During the fiscal year beginning July 1, 1999, the 2 33 department shall implement the pilot project in one county in 2 34 each of the department's regions where there is interest in 2 35 implementing the pilot project. In addition, the department 3 1 may implement the pilot project in one other county in each of 3 2 the department's regions where there is interest in 3 3 implementing the pilot project. Commencing with the fiscal 3 4 year beginning July 1, 2001, the department may implement the 3 5 pilot project in other counties where there is an interest in 3 6 implementing the pilot project. If a definition in section 3 7 237A.1, a provision in section 237A.3, or an administrative 3 8 rule adopted under this chapter is in conflict with this 3 9 section, this section and the rules adopted to implement this 3 10 section shall apply to the pilot project. 3 11 DIVISION III 3 12 JUVENILE DELINQUENCY PROCEEDINGS 3 13 Sec. 5. Section 232.21, subsection 4, Code 2001, is 3 14 amended to read as follows: 3 15 4. A child placed in a shelter care facility under this 3 16 section shall not be held for a period in excess of forty- 3 17 eight hours without an oral or written court order authorizing 3 18 the shelter care. When the action is authorized by an oral 3 19 court order, the court shall enter a written order before the 3 20 end of the next day confirming the oral order and indicating 3 21 the reasons for the order. A child placed in shelter care 3 22 pursuant to section 232.19, subsection 1, paragraph "c" shall 3 23 not be held in excess of seventy-two hours in any event. If 3 24 deemed appropriate by the court, an order authorizing shelter 3 25 care placement may include a determination that continuation 3 26 of the child in the child's home is contrary to the child's 3 27 welfare and that reasonable efforts as defined in section 3 28 232.57 have been made. The inclusion of such a determination 3 29 shall not under any circumstances be deemed a prerequisite for 3 30 entering an order pursuant to this section. However, the 3 31 inclusion of such a finding, supported by the record, may 3 32 assist the department in obtaining federal funding for the 3 33 child's placement. 3 34 Sec. 6. Section 232.22, Code 2001, is amended by adding 3 35 the following new subsection: 4 1 NEW SUBSECTION. 1A. If deemed appropriate by the court, 4 2 an order for placement of a child in detention may include a 4 3 determination that continuation of the child in the child's 4 4 home is contrary to the child's welfare and that reasonable 4 5 efforts as defined in section 232.57 have been made. The 4 6 inclusion of such a determination shall not under any 4 7 circumstances be deemed a prerequisite for entering an order 4 8 pursuant to this section. However, the inclusion of such a 4 9 determination, supported by the record, may assist the 4 10 department in obtaining federal funding for the child's 4 11 placement. 4 12 Sec. 7. Section 232.52, subsection 6, unnumbered paragraph 4 13 1, Code 2001, is amended to read as follows: 4 14 When the court orders the transfer of legal custody of a 4 15 child pursuant to subsection 2,paragraphsparagraph "d", "e", 4 16 or "f", the order shall state that reasonable efforts as 4 17 defined in section 232.57 have been madeto prevent or4 18eliminate the need for removal of the child from the child's4 19home. If deemed appropriate by the court, the order may 4 20 include a determination that continuation of the child in the 4 21 child's home is contrary to the child's welfare. The 4 22 inclusion of such a determination shall not under any 4 23 circumstances be deemed a prerequisite for entering an order 4 24 pursuant to this section. However, the inclusion of such a 4 25 determination, supported by the record, may be used to assist 4 26 the department in obtaining federal funding for the child's 4 27 placement. 4 28 Sec. 8. Section 232.53, subsection 4, Code 2001, is 4 29 amended to read as follows: 4 30 4. a. Any person supervising but not having custody of 4 31 the child pursuant to such an order shall file a written 4 32 report with the court at least every six months concerning the 4 33 status and progress of the child. 4 34 b. Any agency, facility, institution, or person to whom 4 35 custody of the child has been transferred pursuant to such 5 1 order shall file a written report with the court at least 5 2 every six months concerning the status and progress of the 5 3 child. 5 4 c. Any report prepared pursuant to this subsection shall 5 5 be included in the record considered by the court in a 5 6 permanency hearing conducted pursuant to section 232.58. 5 7 Sec. 9. NEW SECTION. 232.57 REASONABLE EFFORTS DEFINED. 5 8 1. For the purposes of this division, unless the context 5 9 otherwise requires, "reasonable efforts" means the efforts 5 10 made to prevent permanent removal of a child from the child's 5 11 home and to encourage reunification of the child with the 5 12 child's parents and family. If a court order includes a 5 13 determination that continuation of the child in the child's 5 14 home is not appropriate or not possible, reasonable efforts 5 15 may include the efforts made in a timely manner to finalize a 5 16 permanency plan for the child. 5 17 2. If the court determines aggravated circumstances exist, 5 18 with written findings of fact based upon evidence in the 5 19 record, the court may waive the requirement for making 5 20 reasonable efforts. The existence of aggravated circumstances 5 21 is indicated by any of the following: 5 22 a. The parent has abandoned the child. 5 23 b. The court finds the circumstances described in section 5 24 232.116, subsection 1, paragraph "h", are applicable to the 5 25 child. 5 26 c. The parent's parental rights have been terminated under 5 27 section 232.116 with respect to another child who is a member 5 28 of the same family, and there is clear and convincing evidence 5 29 to show that the offer or receipt of services would not be 5 30 likely within a reasonable period of time to correct the 5 31 conditions which led to the child's removal. 5 32 d. The parent has been convicted of the murder of another 5 33 child of the parent. 5 34 e. The parent has been convicted of the voluntary 5 35 manslaughter of another child of the parent. 6 1 f. The parent has been convicted of aiding or abetting, 6 2 attempting, conspiring in, or soliciting the commission of the 6 3 murder or voluntary manslaughter of another child of the 6 4 parent. 6 5 g. The parent has been convicted of a felony assault which 6 6 resulted in serious bodily injury of the child or of another 6 7 child of the parent. 6 8 3. Any order entered under this division may include 6 9 findings regarding reasonable efforts. 6 10 Sec. 10. NEW SECTION. 232.58 PERMANENCY HEARINGS. 6 11 1. If an order entered pursuant to this division for an 6 12 out-of-home placement of a child includes a determination that 6 13 continuation of the child in the child's home is contrary to 6 14 the child's welfare, the court shall review the child's 6 15 continued placement by holding a permanency hearing or 6 16 hearings in accordance with this section. The initial 6 17 permanency hearing shall be the earlier of the following: 6 18 a. For an order for which the court has not waived 6 19 reasonable efforts requirements, the permanency hearing shall 6 20 be held within twelve months of the date the child was removed 6 21 from the home. 6 22 b. For an order in a case in which aggravated 6 23 circumstances exist for which the court has waived reasonable 6 24 efforts requirements, the permanency hearing shall be held 6 25 within thirty days of the date the requirements were waived. 6 26 2. Reasonable notice shall be provided of a permanency 6 27 hearing for an out-of-home placement in which the court order 6 28 has included a determination that continuation of the child in 6 29 the child's home is contrary to the child's welfare. A 6 30 permanency hearing shall be conducted in substantial 6 31 conformance with the provisions of section 232.99. During the 6 32 hearing, the court shall consider the child's need for a 6 33 secure and permanent placement in light of any case permanency 6 34 plan or evidence submitted to the court. Upon completion of 6 35 the hearing, the court shall enter written findings 7 1 identifying a primary permanency goal for the child. If a 7 2 case permanency plan is in effect at the time of the hearing, 7 3 the court shall also make a determination as to whether 7 4 reasonable progress is being made in achieving the permanency 7 5 goal and in complying with the other provisions of that case 7 6 permanency plan. 7 7 3. After a permanency hearing, the court shall do one of 7 8 the following: 7 9 a. Enter an order pursuant to section 232.52 to return the 7 10 child to the child's home. 7 11 b. Enter an order pursuant to section 232.52 to continue 7 12 the out-of-home placement of the child for an additional six 7 13 months at which time the court shall hold a hearing to 7 14 consider modification of its permanency order. An order 7 15 entered under this paragraph shall enumerate the specific 7 16 factors, conditions, or expected behavioral changes which 7 17 comprise the basis for the determination that the need for 7 18 removal of the child from the child's home will no longer 7 19 exist at the end of the additional six-month period. 7 20 c. Direct the county attorney or the attorney for the 7 21 child to institute proceedings to terminate the parent-child 7 22 relationship. 7 23 d. Enter an order, pursuant to findings based upon the 7 24 existence of the evidence required by subsection 4, to do one 7 25 of the following: 7 26 (1) Transfer guardianship and custody of the child to a 7 27 suitable person. 7 28 (2) Transfer sole custody of the child from one parent to 7 29 another parent. 7 30 (3) Transfer custody of the child to a suitable person for 7 31 the purpose of long-term care. 7 32 (4) If the department has documented to the court's 7 33 satisfaction a compelling reason for determining that an order 7 34 under the other subparagraphs of this paragraph "d" would not 7 35 be in the child's best interest, order another planned 8 1 permanent living arrangement for the child. 8 2 4. Prior to entering a permanency order pursuant to 8 3 subsection 3, paragraph "d", clear and convincing evidence 8 4 must exist showing that all of the following apply: 8 5 a. A termination of the parent-child relationship would 8 6 not be in the best interest of the child. 8 7 b. Services were offered to the child's family to correct 8 8 the situation which led to the child's removal from the home. 8 9 c. The child cannot be returned to the child's home. 8 10 5. Any permanency order may provide restrictions upon the 8 11 contact between the child and the child's parent or parents, 8 12 consistent with the best interest of the child. 8 13 6. Subsequent to the entry of a permanency order pursuant 8 14 to this section, the child shall not be returned to the care, 8 15 custody, or control of the child's parent or parents, over a 8 16 formal objection filed by the child's attorney or guardian ad 8 17 litem, unless the court finds by a preponderance of the 8 18 evidence that returning the child to such custody would be in 8 19 the best interest of the child. 8 20 7. Following an initial permanency hearing and the entry 8 21 of a permanency order which places a child in the custody or 8 22 guardianship of another person or agency, the court shall 8 23 retain jurisdiction and annually review the order to ascertain 8 24 whether the best interest of the child is being served. When 8 25 the order places the child in the custody of the department 8 26 for the purpose of a planned permanent living arrangement, the 8 27 review shall be in a hearing that shall not be waived or 8 28 continued beyond twelve months after the initial permanency 8 29 hearing or the last permanency review hearing. Any 8 30 modification shall be accomplished through a hearing procedure 8 31 following reasonable notice. During the hearing, all relevant 8 32 and material evidence shall be admitted and procedural due 8 33 process shall be provided to all parties. 8 34 DIVISION IV 8 35 CHILD IN NEED OF ASSISTANCE PROCEEDINGS 9 1 Sec. 11. Section 232.78, subsection 7, Code 2001, is 9 2 amended to read as follows: 9 3 7. Any order entered under this section authorizing 9 4 temporary removal of a childshallmust include both of the 9 5 following: 9 6 a. Astatement that the temporary removal is the result of9 7adetermination made by the court that continuation of the 9 8 childremainingin the child's home would be contrary to the 9 9 welfare of the child, and that reasonable efforts have been9 10made to prevent or eliminate the need for removal of the child9 11from the child's home. Such a determination must be made on a 9 12 case-by-case basis. The grounds for the court's determination 9 13 must be explicitly documented and stated in the order. 9 14 However, preserving the safety of the child must be the 9 15 court's paramount consideration. If imminent danger to the 9 16 child's life or health exists at the time of the court's 9 17 consideration, the determination shall not be a prerequisite 9 18 to the removal of the child. 9 19 b. A statement informing the child's parent that the 9 20 consequences of a permanent removal may include termination of 9 21 the parent's rights with respect to the child. 9 22 Sec. 12. Section 232.79, subsection 4, Code 2001, is 9 23 amended by adding the following new paragraph: 9 24 NEW PARAGRAPH. c. If deemed appropriate by the court, 9 25 upon being informed that there has been an emergency removal 9 26 or keeping of a child without a court order, the court may 9 27 enter an order in accordance with section 232.78. 9 28 Sec. 13. Section 232.95, subsection 2, paragraph a, Code 9 29 2001, is amended to read as follows: 9 30 a. Remove the child from home and place the child in a 9 31 shelter care facility or in the custody of a suitable person 9 32 or agency pending a final order of disposition if the court 9 33 finds that substantial evidence exists to believe that removal 9 34 is necessary to avoid imminent risk to the child's life or 9 35 health. 10 1 (1) If removal is ordered, theorder shallcourt must, in 10 2 addition,contain a statement that removal from the home is10 3the result ofmake a determination that continuation of the 10 4 child in the child's home would be contrary to the welfare of 10 5 the child, and that reasonable efforts, as defined in section 10 6 232.102, have been made to prevent or eliminate the need for 10 7 removal of the child from the child's home. 10 8 (2) The court's determination regarding continuation of 10 9 the child in the child's home, and regarding reasonable 10 10 efforts, including those made to prevent removal and those 10 11 made to finalize any permanency plan in effect, as well as any 10 12 determination by the court that reasonable efforts are not 10 13 required, must be made on a case-by-case basis. The grounds 10 14 for each determination must be explicitly documented and 10 15 stated in the court order. However, preserving the safety of 10 16 the child must be the court's paramount consideration. If 10 17 imminent danger to the child's life or health exists at the 10 18 time of the court's consideration, the determinations 10 19 otherwise required under this paragraph "a" shall not be a 10 20 prerequisite for an order for removal of the child. 10 21 (3) The order shall also include a statement informing the 10 22 child's parent that the consequences of a permanent removal 10 23 may include termination of the parent's rights with respect to 10 24 the child. 10 25 Sec. 14. Section 232.96, subsection 10, paragraph a, Code 10 26 2001, is amended to read as follows: 10 27 a. Astatement that the temporary removal is the result of10 28adetermination that continuation of the childremainingin 10 29 the child's home would be contrary to the welfare of the 10 30 child, and that reasonable efforts, as defined in section 10 31 232.102, have been made to prevent or eliminate the need for 10 32 removal of the child from the child's home. The court's 10 33 determination regarding continuation of the child in the 10 34 child's home, and regarding reasonable efforts, including 10 35 those made to prevent removal and those made to finalize any 11 1 permanency plan in effect, as well as any determination by the 11 2 court that reasonable efforts are not required, must be made 11 3 on a case-by-case basis. The grounds for each determination 11 4 must be explicitly documented and stated in the court order. 11 5 However, preserving the safety of the child is the paramount 11 6 consideration. If imminent danger to the child's life or 11 7 health exists at the time of the court's consideration, the 11 8 determinations otherwise required under this paragraph shall 11 9 not be a prerequisite for an order for temporary removal of 11 10 the child. 11 11 Sec. 15. Section 232.102, subsection 5, paragraph b, 11 12 unnumbered paragraph 2, Code 2001, is amended to read as 11 13 follows: 11 14The order shall, in addition, contain a statement that11 15removal from the home is the result of a determination thatIn 11 16 order to transfer custody of the child under this subsection, 11 17 the court must make a determination that continuation of the 11 18 child in the child's home would be contrary to the welfare of 11 19 the child, and shall identify the reasonable efforts that have 11 20 been made. The court's determination regarding continuation 11 21 of the child in the child's home, and regarding reasonable 11 22 efforts, including those made to prevent removal and those 11 23 made to finalize any permanency plan in effect, as well as any 11 24 determination by the court that reasonable efforts are not 11 25 required, must be made on a case-by-case basis. The grounds 11 26 for each determination must be explicitly documented and 11 27 stated in the court order. However, preserving the safety of 11 28 the child is the paramount consideration. If imminent danger 11 29 to the child's life or health exists at the time of the 11 30 court's consideration, the determinations otherwise required 11 31 under this paragraph shall not be a prerequisite for an order 11 32 for removal of the child. 11 33 Sec. 16. Section 232.102, subsection 10, paragraph a, 11 34 unnumbered paragraph 1, Code 2001, is amended to read as 11 35 follows: 12 1 As used in thissectiondivision, "reasonable efforts" 12 2 means the efforts made to preserve and unify a family prior to 12 3 the out-of-home placement of a child in foster care or to 12 4 eliminate the need for removal of the child or make it 12 5 possible for the child to safely return to the family's home. 12 6 If returning the child to the family's home is not appropriate 12 7 or not possible, reasonable efforts shall include the efforts 12 8 made in a timely manner to finalize a permanency plan for the 12 9 child. A child's health and safety shall be the paramount 12 10 concern in making reasonable efforts. Reasonable efforts may 12 11 include intensive family preservation services or family- 12 12 centered services, if the child's safety in the home can be 12 13 maintained during the time the services are provided. In 12 14 determining whether reasonable efforts have been made, the 12 15 court shall consider both of the following: 12 16 Sec. 17. Section 232.103, subsection 3, Code 2001, is 12 17 amended to read as follows: 12 18 3. A hearing shall be held on a motion to terminate or 12 19 modify a dispositional order except that a hearing on a motion 12 20 to terminate an order may be waived upon agreement by all 12 21 parties. Reasonable notice of the hearing shall be givenin12 22the same manner as for adjudicatory hearings in cases of12 23juvenile delinquency as provided in section 232.37to the 12 24 parties. The hearing shall be conducted in accordance with 12 25 the provisions of section 232.50. 12 26 Sec. 18. Section 232.104, subsection 1, paragraph c, Code 12 27 2001, is amended to read as follows: 12 28 c. Reasonable notice of a permanency hearingin a case of12 29juvenile delinquencyshall be providedpursuant to section12 30232.37to the parties. A permanency hearing shall be 12 31 conducted in substantial conformance with the provisions of 12 32 section 232.99. During the hearing, the court shall consider 12 33 the child's need for a secure and permanent placement in light 12 34 of any permanency plan or evidence submitted to the court. 12 35 Upon completion of the hearing, the court shall enter written 13 1 findings and make a determination identifying a primary 13 2 permanency goal for the child. If a permanency plan is in 13 3 effect at the time of the hearing, the court shall also make a 13 4 determination as to whether reasonable progress is being made 13 5 in achieving the permanency goal and complying with the other 13 6 provisions of that permanency plan. 13 7 Sec. 19. Section 232.104, subsection 2, paragraph d, 13 8 subparagraph (4), Code 2001, is amended to read as follows: 13 9 (4)Order long-term foster care placement for the child in13 10a licensed foster care home or facility.If the department 13 11 has documented to the court's satisfaction a compelling reason 13 12 for determining that an order under the other subparagraphs of 13 13 this paragraph "d" would not be in the child's best interest, 13 14 order another planned permanent living arrangement for the 13 15 child. 13 16 DIVISION V 13 17 TERMINATION OF PARENTAL RIGHTS 13 18 Sec. 20. Section 232.111, subsection 2, paragraph a, 13 19 subparagraph (1), Code 2001, is amended to read as follows: 13 20 (1) The child has been placed in foster care for fifteen 13 21 monthsor moreof the most recent twenty-two-month period. 13 22 The petition shall be filed by the end of the child's 13 23 fifteenth month of foster care placement. 13 24 DIVISION VI 13 25 NOTICE PROVISIONS 13 26 Sec. 21. Section 232.45, subsection 3, Code 2001, is 13 27 amended to read as follows: 13 28 3.AReasonable notice that states the time, place, and 13 29 purpose of the waiver hearing shall beissued and served in13 30the same manner asprovided to the persons required to be 13 31 provided notice for adjudicatory hearingsas provided inunder 13 32 section 232.37. Summons, subpoenas, and other process may be 13 33 issued and served in the same manner as for adjudicatory 13 34 hearings as provided in section 232.37. 13 35 Sec. 22. Section 232.54, subsection 8, unnumbered 14 1 paragraph 2, Code 2001, is amended to read as follows: 14 2 Notice requirements of this section shall be satisfiedin14 3the same manner as forby providing reasonable notice to the 14 4 persons required to be provided notice for adjudicatory 14 5 hearingsas provided inunder section 232.37, except that 14 6 notice shall be waived regarding a person who was notified of 14 7 the adjudicatory hearing and who failed to appear. At a 14 8 hearing under this section all relevant and material evidence 14 9 shall be admitted. 14 10 Sec. 23. Section 232.88, Code 2001, is amended to read as 14 11 follows: 14 12 232.88 SUMMONS, NOTICE, SUBPOENAS, AND SERVICE. 14 13 After a petition has been filed the court shall issue and 14 14 serve summons,notice,subpoenas, and other process in the 14 15 same manner as for adjudicatory hearings in cases of juvenile 14 16 delinquency as provided in section 232.37.In addition14 17 Reasonable notice shall be provided to the persons required to 14 18 be provided notice under section 232.37, except that notice 14 19 shall be waived regarding a person who was notified of the 14 20 adjudicatory hearing and who failed to appear. In addition, 14 21 reasonable notice for any hearing under this division shall be 14 22 provided to the agency, facility, institution, or person, 14 23 including a foster parent, relative, oranother individual 14 24 providing preadoptive care, with whom a child has been placed. 14 25 EXPLANATION 14 26 This bill relates to children's provisions involving the 14 27 department of human services in regard to the foster home 14 28 insurance fund, psychiatric medical institutions for children, 14 29 group child care providers, juvenile delinquency and child in 14 30 need of assistance dispositions, and termination of parental 14 31 rights. 14 32 Division I of the bill relates to the foster home insurance 14 33 fund. Code section 237.13 is amended to add coverage under 14 34 the fund for guardians appointed on a voluntary petition filed 14 35 under Code chapter 232, the juvenile justice code. 15 1 Division II of the bill relates to group child care 15 2 providers under Code section 237A.3. The bill replaces 15 3 language regarding children who are less than 24 months of age 15 4 with the term "infant", a defined term with the same meaning. 15 5 In addition, the bill strikes language applying a separate cap 15 6 on the number of preschool children who may receive care from 15 7 a joint group child care provider. Under the bill, such a 15 8 provider would be limited to caring for up to 11 children at 15 9 one time with not more than four of infant age. 15 10 In addition, under current law in Code section 237A.3A, the 15 11 department is operating a pilot project that combines 15 12 registered family child care homes and group child care homes 15 13 into a single registered child care home classification with 15 14 four levels. The pilot project is currently operating in up 15 15 to two counties in each of the department's five regions. The 15 16 bill authorizes the department to implement the pilot project 15 17 in other counties where there is an interest. 15 18 Division III of the bill relates to juvenile delinquency 15 19 provisions under Code chapter 232, the juvenile justice code. 15 20 Code section 232.21, relating to placement of a child in 15 21 shelter care, is amended to provide that a written court order 15 22 for the placement may include the determination that the child 15 23 remaining in the child's home would be contrary to the child's 15 24 welfare and that reasonable efforts to prevent the permanent 15 25 removal of the child, as defined later in the bill in new Code 15 26 section 232.57, have been made. The inclusion of such a 15 27 finding is not to be deemed a prerequisite for entry of the 15 28 order for shelter care placement; however, the inclusion of 15 29 the finding may assist the department of human services in 15 30 obtaining federal funding for the placement. 15 31 Similar language is inserted as a new subsection in Code 15 32 section 232.22, relating to placement of a child in detention. 15 33 Code section 232.52, relating to the disposition of a child 15 34 found to have committed a delinquent act, is amended to 15 35 include a similar provision in orders providing for transfer 16 1 of legal custody of a child to an adult relative, child 16 2 placing agency or other private agency, department of human 16 3 services for foster care or state training school placement, 16 4 or juvenile court officer for placements involving a community 16 5 supervised treatment program. 16 6 Code section 232.53, relating to the duration of 16 7 depositional orders under Code section 232.52, is amended in 16 8 regard to the filing of written reports by persons supervising 16 9 the children who are subject to the orders. The bill provides 16 10 that the reports are to be made part of the record considered 16 11 by the court in any delinquency permanency hearing. 16 12 New Code section 232.57 provides a definition of the term 16 13 "reasonable efforts" that is applicable to all juvenile 16 14 delinquency proceedings and other provisions of the juvenile 16 15 delinquency division of the bill. 16 16 New Code section 232.58 lays out a process for permanency 16 17 hearings for the review of those out-of-home placements of a 16 18 child in which the order included the finding that the child 16 19 remaining in the child's home is contrary to the child's 16 20 welfare. 16 21 Division IV of the bill relates to child in need of 16 22 assistance (CINA) provisions under Code chapter 232, the 16 23 juvenile justice code. 16 24 Code section 232.78, relating to temporary removal of a 16 25 child from the child's home pursuant to an ex parte court 16 26 order, is amended. The bill strikes a prerequisite that 16 27 reasonable efforts must have been made to prevent or eliminate 16 28 the need for removal of the child. Under the bill, the court 16 29 must still determine that the child remaining in the child's 16 30 home would be contrary to the child's welfare. In addition, 16 31 the court must make this determination on a case-by-case basis 16 32 and explicitly document in the order the grounds for making 16 33 the determination. 16 34 Code section 232.79, relating to emergency removal of a 16 35 child without a court order, is amended. Under current law, 17 1 the court must be informed of such an emergency removal. The 17 2 bill provides that upon being informed, the court may order 17 3 temporary removal of the child in accordance with Code section 17 4 232.78. 17 5 Code section 232.95, relating to hearings concerning 17 6 temporary removal of a child, is amended. Under the bill, if 17 7 the court determines that a child's removal from the home is 17 8 to be continued, the court must still determine that the child 17 9 remaining in the child's home would be contrary to the child's 17 10 welfare and that reasonable efforts have been made to prevent 17 11 or eliminate the need for the removal. In addition, the court 17 12 must make this determination on a case-by-case basis and 17 13 explicitly document in the order the grounds for making the 17 14 determination. The bill provides that preserving the child's 17 15 safety is the paramount consideration and if there is imminent 17 16 danger to the child's life or health at the time of the 17 17 court's consideration, the court may continue the removal 17 18 order without making the otherwise required determinations. 17 19 Code section 232.96, relating to CINA adjudicatory 17 20 hearings, is amended in regard to entry of an order for 17 21 temporary removal of a child made when the court has not 17 22 previously entered such order. If such an order is entered, 17 23 current law requires the court to include a statement that the 17 24 child remaining in the child's home is contrary to the child's 17 25 welfare and that reasonable efforts have been made. The bill 17 26 makes this language consistent with the bill's other 17 27 provisions regarding determinations required of a court order 17 28 for removal of a child from the child's home. 17 29 Code section 232.102, relating to transfer of legal custody 17 30 of a child and placement, is amended. Under current law, 17 31 custody of a child should not be transferred unless the child 17 32 cannot be protected from physical abuse without the transfer 17 33 or cannot be protected from some harm which would justify 17 34 adjudication of the child as a CINA. The bill adds to those 17 35 requirements the same set of requirements to make 18 1 determinations as is added to Code section 232.95. 18 2 The Code section 232.102 definition of "reasonable efforts" 18 3 is made applicable to the entire child in need of assistance 18 4 division of Code chapter 232. 18 5 Code section 232.103, relating to termination, 18 6 modification, vacation, and substitution of dispositional 18 7 orders, is amended in regard to notice of hearings. Under 18 8 current law, notice must be provided by personal service 18 9 unless the court orders it to be provided by certified mail. 18 10 The bill provides instead that reasonable notice of this type 18 11 of hearing is to be provided to the parties. 18 12 Code section 232.104, relating to permanency hearings under 18 13 the CINA division, is amended. First, the bill strikes a 18 14 reference to permanency hearings for juvenile delinquency to 18 15 conform with the permanency hearing provisions included in the 18 16 bill for juvenile delinquency. In addition, the notice of the 18 17 permanency hearings is to be reasonable rather than by 18 18 personal service or certified mail. Second, current law 18 19 authorizing the court to order long-term foster care placement 18 20 in a home or facility as an option is modified. In lieu of 18 21 long-term foster care placement, the court may order a 18 22 "planned permanent living arrangement" for the child, provided 18 23 the department of human services has documented to the court's 18 24 satisfaction a compelling reason that none of these other 18 25 options is in the child's best interest: transfer to the 18 26 custody of another suitable person, transfer custody from one 18 27 parent to another parent, or transfer custody to a suitable 18 28 person for the purpose of long-term care. 18 29 Division V of the bill amends Code section 232.111, 18 30 relating to a directive for the county attorney to petition 18 31 for termination of parental rights. Under current law, unless 18 32 certain conditions exist, the county attorney must file a 18 33 petition if a child has been placed in foster care for 15 18 34 months or more of the most recent 22-month period. The bill 18 35 provides that the petition must be filed by the end of the 19 1 15th month. 19 2 Division VI of the bill relates to notice provisions for 19 3 various hearings under the juvenile justice code. The bill 19 4 amends Code section 232.88 to includes a relative with whom a 19 5 child is placed in the list of those who receive notice of a 19 6 child in need of assistance judicial proceeding concerning the 19 7 child. For hearings that are held following an adjudicatory 19 8 hearing, the bill provides that reasonable notice must be 19 9 provided to the persons who were required to be notified of 19 10 the original adjudicatory hearing, except those who were 19 11 notified and failed to appear. 19 12 LSB 1079HV 79 19 13 jp/pj/5
Text: HF00455 Text: HF00457 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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