Text: S03376                            Text: S03378
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3377

Amendment Text

PAG LIN
  1  1    Amend Senate File 458, passed by the Senate, as
  1  2 follows:
  1  3    #1.  Page 5, line 17, by inserting after the word
  1  4 "determines" the following:  "by clear and convincing
  1  5 evidence that".
  1  6    #2.  Page 8, by inserting after line 35, the
  1  7 following:
  1  8    "Sec.    .  Section 232.73, unnumbered paragraph 2,
  1  9 Code 2001, is amended to read as follows:
  1 10    As used in this section and section in sections
  1 11 232.77 and 232.78, "medically relevant test" means a
  1 12 test that produces reliable results of exposure to
  1 13 cocaine, heroin, amphetamine, methamphetamine, or
  1 14 other illegal drugs, or combinations or derivatives
  1 15 thereof of the illegal drugs, including a drug urine
  1 16 screen test.
  1 17    Sec.    .  Section 232.78, subsection 1, paragraph
  1 18 b, Code 2001, is amended to read as follows:
  1 19    b.  It appears that the child's immediate removal
  1 20 is necessary to avoid imminent danger to the child's
  1 21 life or health.  The circumstances or conditions
  1 22 indicating the presence of such imminent danger shall
  1 23 include but are not limited to any of the following:
  1 24    (1)  The refusal or failure of the person
  1 25 responsible for the care of the child to comply with
  1 26 the request of a peace officer, juvenile court
  1 27 officer, or child protection worker for such person to
  1 28 obtain and provide to the requester the results of a
  1 29 physical or mental examination of the child.  The
  1 30 request for a physical examination of the child may
  1 31 specify the performance of a medically relevant test.
  1 32    (2)  The refusal or failure of the person
  1 33 responsible for the care of the child or a person
  1 34 present in the person's home to comply with a request
  1 35 of a peace officer, juvenile court officer, or child
  1 36 protection worker for such a person to submit to and
  1 37 provide to the requester the results of a medically
  1 38 relevant test of the person."
  1 39    #3.  Page 12, by inserting after line 15 the
  1 40 following:
  1 41    "Sec.    .  Section 232.102, subsection 12,
  1 42 unnumbered paragraph 1, Code 2001, is amended to read
  1 43 as follows:
  1 44    If the court determines by clear and convincing
  1 45 evidence that aggravated circumstances exist, with
  1 46 written findings of fact based upon evidence in the
  1 47 record, the court may waive the requirement for making
  1 48 reasonable efforts.  The existence of aggravated
  1 49 circumstances is indicated by any of the following:"
  1 50    #4.  Page 13, by inserting after line 15 the
  2  1 following:
  2  2    "Sec. 100.  REHABILITATIVE TREATMENT SERVICES STAFF
  2  3 REQUIREMENTS.
  2  4    1.  Subject to federal requirements, the department
  2  5 of human services shall act to change the staff
  2  6 qualification requirements for rehabilitative
  2  7 treatment services provided under the medical
  2  8 assistance program that are applicable to those staff
  2  9 providing therapy and counseling services, and
  2 10 psychosocial evaluation and behavioral management
  2 11 services for children in therapeutic foster care.
  2 12 Under the change, such staff who have graduated from
  2 13 an accredited four-year college, institute, or
  2 14 university with a bachelor's degree in social work in
  2 15 a program that is accredited by the council on social
  2 16 work education shall not be required to have full-time
  2 17 experience in social work or experience in the
  2 18 delivery of human services in a public or private
  2 19 area.
  2 20    2.  If necessary to implement the change required
  2 21 by this section, the department shall submit a plan
  2 22 amendment or otherwise request authorization from the
  2 23 United States health care financing administration.
  2 24 In addition, as necessary to quickly implement the
  2 25 change, the department may adopt emergency rules under
  2 26 section 17A.4, subsection 2, and section 17A.5,
  2 27 subsection 2, paragraph "b", to implement the
  2 28 provisions of this section and the rules shall be
  2 29 effective immediately upon filing unless a later date
  2 30 is specified in the rules.  Any rules adopted in
  2 31 accordance with this section shall also be published
  2 32 as a notice of intended action as provided in section
  2 33 17A.4.
  2 34    Sec.    .  EFFECTIVE DATE.  Section 100, of this
  2 35 division of this Act, relating to rehabilitative
  2 36 treatment services staff requirements, being deemed of
  2 37 immediate importance, takes effect upon enactment."
  2 38    #5.  Page 14, by inserting after line 24 the
  2 39 following:  
  2 40                      "DIVISION    
  2 41      PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN
  2 42    Sec.    .  Section 135H.10, Code 2001, is amended
  2 43 by adding the following new subsection:
  2 44    NEW SUBSECTION.  3.  The department of human
  2 45 services and any other state agency shall not require
  2 46 a psychiatric medical institution for children to
  2 47 collect client payments or otherwise enforce client
  2 48 financial participation for the services provided by
  2 49 the psychiatric institution.
  2 50    Sec.    .  Section 135H.10, Code 2001, is amended
  3  1 by adding the following new subsection:
  3  2    NEW SUBSECTION.  4.  Unless expressly authorized in
  3  3 statute, the department of human services shall not
  3  4 include services provided by psychiatric medical
  3  5 institutions for children in any managed care
  3  6 contract."
  3  7    #6.  Title page, line 5, by inserting after the
  3  8 word "dispositions," the following:  "psychiatric
  3  9 medical institutions for children,".
  3 10    #7.  Title page, line 5, by inserting after the
  3 11 word "rights" the following:  ", and providing an
  3 12 effective date".
  3 13    #8.  By renumbering, relettering, or redesignating
  3 14 and correcting internal references as necessary.  
  3 15 SF 458H
  3 16 jp/es/25
     

Text: S03376                            Text: S03378
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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