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PAG LIN 1 1 SENATE FILE 458 1 2 1 3 AN ACT 1 4 RELATING TO CHILDREN'S PROGRAM AND JUVENILE COURT PROVISIONS 1 5 INVOLVING THE DEPARTMENT OF HUMAN SERVICES IN REGARD TO THE 1 6 FOSTER HOME INSURANCE FUND, GROUP CHILD CARE PROVIDERS, 1 7 JUVENILE DELINQUENCY AND CHILD IN NEED OF ASSISTANCE 1 8 DISPOSITIONS, PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN, 1 9 AND TERMINATION OF PARENTAL RIGHTS, AND PROVIDING AN EFFECTIVE 1 10 DATE. 1 11 1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 13 1 14 DIVISION I 1 15 FOSTER HOME INSURANCE FUND 1 16 Section 1. Section 237.13, subsection 1, paragraph b, Code 1 17 2001, is amended to read as follows: 1 18 b. A guardian appointed on a voluntary petition pursuant 1 19 to section 232.178, or a voluntary petition of a ward pursuant 1 20 to section 633.557, or a conservator appointed on a voluntary 1 21 petition of a ward pursuant to section 633.572, provided the 1 22 ward has an income that does not exceed one hundred fifty 1 23 percent of the current federal office of management and budget 1 24 poverty guidelines and who does not have resources in excess 1 25 of the criteria for resources under the federal supplemental 1 26 security income program. However, the ward's ownership of one 1 27 residence and one vehicle shall not be considered in 1 28 determining resources. 1 29 Sec. 2. Section 237.13, subsection 5, Code 2001, is 1 30 amended to read as follows: 1 31 5. Except as provided in this section, the fund shall pay, 1 32 on behalf of a guardian or conservator, the reasonable and 1 33 necessary legal costs incurred in defending against a suit 1 34 filed by a ward or the ward's representative and the damages 1 35 awarded as a result of the suit, so long as it is determined 2 1 that the guardian or conservator acted in good faith in the 2 2 performance oftheirthe guardian's or conservator's duties. 2 3 A payment shall not be made if there is evidence of 2 4 intentional misconduct or a knowing violation of the law by 2 5 the guardian or conservator, including, but not limited to, 2 6 failure to carry out the applicable responsibilities required 2 7 under chapter 232 and sections 633.633 through 633.635 and 2 8 633.641 through 633.650. 2 9 DIVISION II 2 10 CHILD CARE PROVIDERS 2 11 Sec. 3. Section 237A.3, subsection 2, paragraph b, Code 2 12 2001, is amended to read as follows: 2 13 b. Except as provided in subsection 3, a group child care 2 14 home shall not provide child care to more than eleven children 2 15 at any one time. If there are more than six children present 2 16 for a period of two hours or more, the group child care home 2 17 must have at least one responsible individual who is at least 2 18 fourteen years of age present to assist the group child care 2 19 provider in accordance with either of the following 2 20 conditions: 2 21 (1) If the responsible individual is a joint holder of the 2 22 certificate of registration, not more than four of the 2 23 children present shall beless than twenty-four months of age2 24and not more than ten of the children present shall be twenty-2 25four months of age or older but not attending school in2 26kindergarten or a higher grade levelinfants. The total 2 27 number of children present at any one time who are younger 2 28 than school age, including infants, shall not exceed eleven. 2 29 (2) If the responsible individual is not a joint holder of 2 30 the certificate of registration, but is at least fourteen 2 31 years of age, not more than four of the children shall beless2 32than twenty-four months of ageinfants and each child in 2 33 excess of six children shall beattending school in2 34kindergarten or a higher grade levelschool age. 2 35 Sec. 4. Section 237A.3A, subsection 1, Code 2001, is 3 1 amended to read as follows: 3 2 1. PILOT PROJECT. The department shall implement a pilot 3 3 project applying the provisions of this section to registered 3 4 family or group child care homes located in one county of this 3 5 state. The provisions of this section shall not apply to 3 6 unregistered family child care homes located in the pilot 3 7 project county. The county selected for the pilot project 3 8 shall be a rural county where there is interest among child 3 9 care providers and consumers in implementing the pilot 3 10 project. During the fiscal year beginning July 1, 1999, the 3 11 department shall implement the pilot project in one county in 3 12 each of the department's regions where there is interest in 3 13 implementing the pilot project. In addition, the department 3 14 may implement the pilot project in one other county in each of 3 15 the department's regions where there is interest in 3 16 implementing the pilot project. Commencing with the fiscal 3 17 year beginning July 1, 2001, the department may implement the 3 18 pilot project in other counties where there is an interest in 3 19 implementing the pilot project. If a definition in section 3 20 237A.1, a provision in section 237A.3, or an administrative 3 21 rule adopted under this chapter is in conflict with this 3 22 section, this section and the rules adopted to implement this 3 23 section shall apply to the pilot project. 3 24 DIVISION III 3 25 JUVENILE DELINQUENCY PROCEEDINGS 3 26 Sec. 5. Section 232.21, subsection 4, Code 2001, is 3 27 amended to read as follows: 3 28 4. A child placed in a shelter care facility under this 3 29 section shall not be held for a period in excess of forty- 3 30 eight hours without an oral or written court order authorizing 3 31 the shelter care. When the action is authorized by an oral 3 32 court order, the court shall enter a written order before the 3 33 end of the next day confirming the oral order and indicating 3 34 the reasons for the order. A child placed in shelter care 3 35 pursuant to section 232.19, subsection 1, paragraph "c", shall 4 1 not be held in excess of seventy-two hours in any event. If 4 2 deemed appropriate by the court, an order authorizing shelter 4 3 care placement may include a determination that continuation 4 4 of the child in the child's home is contrary to the child's 4 5 welfare and that reasonable efforts as defined in section 4 6 232.57 have been made. The inclusion of such a determination 4 7 shall not under any circumstances be deemed a prerequisite for 4 8 entering an order pursuant to this section. However, the 4 9 inclusion of such a finding, supported by the record, may 4 10 assist the department in obtaining federal funding for the 4 11 child's placement. 4 12 Sec. 6. Section 232.22, Code 2001, is amended by adding 4 13 the following new subsection: 4 14 NEW SUBSECTION. 1A. If deemed appropriate by the court, 4 15 an order for placement of a child in detention may include a 4 16 determination that continuation of the child in the child's 4 17 home is contrary to the child's welfare and that reasonable 4 18 efforts as defined in section 232.57 have been made. The 4 19 inclusion of such a determination shall not under any 4 20 circumstances be deemed a prerequisite for entering an order 4 21 pursuant to this section. However, the inclusion of such a 4 22 determination, supported by the record, may assist the 4 23 department in obtaining federal funding for the child's 4 24 placement. 4 25 Sec. 7. Section 232.52, subsection 6, unnumbered paragraph 4 26 1, Code 2001, is amended to read as follows: 4 27 When the court orders the transfer of legal custody of a 4 28 child pursuant to subsection 2,paragraphsparagraph "d", "e", 4 29 or "f", the order shall state that reasonable efforts as 4 30 defined in section 232.57 have been madeto prevent or4 31eliminate the need for removal of the child from the child's4 32home. If deemed appropriate by the court, the order may 4 33 include a determination that continuation of the child in the 4 34 child's home is contrary to the child's welfare. The 4 35 inclusion of such a determination shall not under any 5 1 circumstances be deemed a prerequisite for entering an order 5 2 pursuant to this section. However, the inclusion of such a 5 3 determination, supported by the record, may be used to assist 5 4 the department in obtaining federal funding for the child's 5 5 placement. 5 6 Sec. 8. Section 232.53, subsection 4, Code 2001, is 5 7 amended to read as follows: 5 8 4. a. Any person supervising but not having custody of 5 9 the child pursuant to such an order shall file a written 5 10 report with the court at least every six months concerning the 5 11 status and progress of the child. 5 12 b. Any agency, facility, institution, or person to whom 5 13 custody of the child has been transferred pursuant to such 5 14 order shall file a written report with the court at least 5 15 every six months concerning the status and progress of the 5 16 child. 5 17 c. Any report prepared pursuant to this subsection shall 5 18 be included in the record considered by the court in a 5 19 permanency hearing conducted pursuant to section 232.58. 5 20 Sec. 9. NEW SECTION. 232.57 REASONABLE EFFORTS DEFINED. 5 21 1. For the purposes of this division, unless the context 5 22 otherwise requires, "reasonable efforts" means the efforts 5 23 made to prevent permanent removal of a child from the child's 5 24 home and to encourage reunification of the child with the 5 25 child's parents and family. If a court order includes a 5 26 determination that continuation of the child in the child's 5 27 home is not appropriate or not possible, reasonable efforts 5 28 may include the efforts made in a timely manner to finalize a 5 29 permanency plan for the child. 5 30 2. If the court determines by clear and convincing 5 31 evidence that aggravated circumstances exist, with written 5 32 findings of fact based upon evidence in the record, the court 5 33 may waive the requirement for making reasonable efforts. The 5 34 existence of aggravated circumstances is indicated by any of 5 35 the following: 6 1 a. The parent has abandoned the child. 6 2 b. The court finds the circumstances described in section 6 3 232.116, subsection 1, paragraph "h", are applicable to the 6 4 child. 6 5 c. The parent's parental rights have been terminated under 6 6 section 232.116 with respect to another child who is a member 6 7 of the same family, and there is clear and convincing evidence 6 8 to show that the offer or receipt of services would not be 6 9 likely within a reasonable period of time to correct the 6 10 conditions which led to the child's removal. 6 11 d. The parent has been convicted of the murder of another 6 12 child of the parent. 6 13 e. The parent has been convicted of the voluntary 6 14 manslaughter of another child of the parent. 6 15 f. The parent has been convicted of aiding or abetting, 6 16 attempting, conspiring in, or soliciting the commission of the 6 17 murder or voluntary manslaughter of another child of the 6 18 parent. 6 19 g. The parent has been convicted of a felony assault which 6 20 resulted in serious bodily injury of the child or of another 6 21 child of the parent. 6 22 3. Any order entered under this division may include 6 23 findings regarding reasonable efforts. 6 24 Sec. 10. NEW SECTION. 232.58 PERMANENCY HEARINGS. 6 25 1. If an order entered pursuant to this division for an 6 26 out-of-home placement of a child includes a determination that 6 27 continuation of the child in the child's home is contrary to 6 28 the child's welfare, the court shall review the child's 6 29 continued placement by holding a permanency hearing or 6 30 hearings in accordance with this section. The initial 6 31 permanency hearing shall be the earlier of the following: 6 32 a. For an order for which the court has not waived 6 33 reasonable efforts requirements, the permanency hearing shall 6 34 be held within twelve months of the date the child was removed 6 35 from the home. 7 1 b. For an order in a case in which aggravated 7 2 circumstances exist for which the court has waived reasonable 7 3 efforts requirements, the permanency hearing shall be held 7 4 within thirty days of the date the requirements were waived. 7 5 2. Reasonable notice shall be provided of a permanency 7 6 hearing for an out-of-home placement in which the court order 7 7 has included a determination that continuation of the child in 7 8 the child's home is contrary to the child's welfare. A 7 9 permanency hearing shall be conducted in substantial 7 10 conformance with the provisions of section 232.99. During the 7 11 hearing, the court shall consider the child's need for a 7 12 secure and permanent placement in light of any case permanency 7 13 plan or evidence submitted to the court. Upon completion of 7 14 the hearing, the court shall enter written findings 7 15 identifying a primary permanency goal for the child. If a 7 16 case permanency plan is in effect at the time of the hearing, 7 17 the court shall also make a determination as to whether 7 18 reasonable progress is being made in achieving the permanency 7 19 goal and in complying with the other provisions of that case 7 20 permanency plan. 7 21 3. After a permanency hearing, the court shall do one of 7 22 the following: 7 23 a. Enter an order pursuant to section 232.52 to return the 7 24 child to the child's home. 7 25 b. Enter an order pursuant to section 232.52 to continue 7 26 the out-of-home placement of the child for an additional six 7 27 months at which time the court shall hold a hearing to 7 28 consider modification of its permanency order. An order 7 29 entered under this paragraph shall enumerate the specific 7 30 factors, conditions, or expected behavioral changes which 7 31 comprise the basis for the determination that the need for 7 32 removal of the child from the child's home will no longer 7 33 exist at the end of the additional six-month period. 7 34 c. Direct the county attorney or the attorney for the 7 35 child to institute proceedings to terminate the parent-child 8 1 relationship. 8 2 d. Enter an order, pursuant to findings based upon the 8 3 existence of the evidence required by subsection 4, to do one 8 4 of the following: 8 5 (1) Transfer guardianship and custody of the child to a 8 6 suitable person. 8 7 (2) Transfer sole custody of the child from one parent to 8 8 another parent. 8 9 (3) Transfer custody of the child to a suitable person for 8 10 the purpose of long-term care. 8 11 (4) If the department has documented to the court's 8 12 satisfaction a compelling reason for determining that an order 8 13 under the other subparagraphs of this paragraph "d" would not 8 14 be in the child's best interest, order another planned 8 15 permanent living arrangement for the child. 8 16 4. Prior to entering a permanency order pursuant to 8 17 subsection 3, paragraph "d", clear and convincing evidence 8 18 must exist showing that all of the following apply: 8 19 a. A termination of the parent-child relationship would 8 20 not be in the best interest of the child. 8 21 b. Services were offered to the child's family to correct 8 22 the situation which led to the child's removal from the home. 8 23 c. The child cannot be returned to the child's home. 8 24 5. Any permanency order may provide restrictions upon the 8 25 contact between the child and the child's parent or parents, 8 26 consistent with the best interest of the child. 8 27 6. Subsequent to the entry of a permanency order pursuant 8 28 to this section, the child shall not be returned to the care, 8 29 custody, or control of the child's parent or parents, over a 8 30 formal objection filed by the child's attorney or guardian ad 8 31 litem, unless the court finds by a preponderance of the 8 32 evidence that returning the child to such custody would be in 8 33 the best interest of the child. 8 34 7. Following an initial permanency hearing and the entry 8 35 of a permanency order which places a child in the custody or 9 1 guardianship of another person or agency, the court shall 9 2 retain jurisdiction and annually review the order to ascertain 9 3 whether the best interest of the child is being served. When 9 4 the order places the child in the custody of the department 9 5 for the purpose of a planned permanent living arrangement, the 9 6 review shall be in a hearing that shall not be waived or 9 7 continued beyond twelve months after the initial permanency 9 8 hearing or the last permanency review hearing. Any 9 9 modification shall be accomplished through a hearing procedure 9 10 following reasonable notice. During the hearing, all relevant 9 11 and material evidence shall be admitted and procedural due 9 12 process shall be provided to all parties. 9 13 DIVISION IV 9 14 CHILD IN NEED OF ASSISTANCE PROCEEDINGS 9 15 Sec. 11. Section 232.73, unnumbered paragraph 2, Code 9 16 2001, is amended to read as follows: 9 17 As used in this section andsectionin sections 232.77 and 9 18 232.78, "medically relevant test" means a test that produces 9 19 reliable results of exposure to cocaine, heroin, amphetamine, 9 20 methamphetamine, or other illegal drugs, or combinations or 9 21 derivativesthereofof the illegal drugs, including a drug 9 22 urine screen test. 9 23 Sec. 12. Section 232.78, subsection 1, paragraph b, Code 9 24 2001, is amended to read as follows: 9 25 b. It appears that the child's immediate removal is 9 26 necessary to avoid imminent danger to the child's life or 9 27 health. The circumstances or conditions indicating the 9 28 presence of such imminent danger shall include but are not 9 29 limited to any of the following: 9 30 (1) The refusal or failure of the person responsible for 9 31 the care of the child to comply with the request of a peace 9 32 officer, juvenile court officer, or child protection worker 9 33 for such person to obtain and provide to the requester the 9 34 results of a physical or mental examination of the child. The 9 35 request for a physical examination of the child may specify 10 1 the performance of a medically relevant test. 10 2 (2) The refusal or failure of the person responsible for 10 3 the care of the child or a person present in the person's home 10 4 to comply with a request of a peace officer, juvenile court 10 5 officer, or child protection worker for such a person to 10 6 submit to and provide to the requester the results of a 10 7 medically relevant test of the person. 10 8 Sec. 13. Section 232.78, subsection 7, Code 2001, is 10 9 amended to read as follows: 10 10 7. Any order entered under this section authorizing 10 11 temporary removal of a childshallmust include both of the 10 12 following: 10 13 a. Astatement that the temporary removal is the result of10 14adetermination made by the court that continuation of the 10 15 childremainingin the child's home would be contrary to the 10 16 welfare of the child, and that reasonable efforts have been10 17made to prevent or eliminate the need for removal of the child10 18from the child's home. Such a determination must be made on a 10 19 case-by-case basis. The grounds for the court's determination 10 20 must be explicitly documented and stated in the order. 10 21 However, preserving the safety of the child must be the 10 22 court's paramount consideration. If imminent danger to the 10 23 child's life or health exists at the time of the court's 10 24 consideration, the determination shall not be a prerequisite 10 25 to the removal of the child. 10 26 b. A statement informing the child's parent that the 10 27 consequences of a permanent removal may include termination of 10 28 the parent's rights with respect to the child. 10 29 Sec. 14. Section 232.79, subsection 4, Code 2001, is 10 30 amended by adding the following new paragraph: 10 31 NEW PARAGRAPH. c. If deemed appropriate by the court, 10 32 upon being informed that there has been an emergency removal 10 33 or keeping of a child without a court order, the court may 10 34 enter an order in accordance with section 232.78. 10 35 Sec. 15. Section 232.95, subsection 2, paragraph a, Code 11 1 2001, is amended to read as follows: 11 2 a. Remove the child from home and place the child in a 11 3 shelter care facility or in the custody of a suitable person 11 4 or agency pending a final order of disposition if the court 11 5 finds that substantial evidence exists to believe that removal 11 6 is necessary to avoid imminent risk to the child's life or 11 7 health. 11 8 (1) If removal is ordered, theorder shallcourt must, in 11 9 addition,contain a statement that removal from the home is11 10the result ofmake a determination that continuation of the 11 11 child in the child's home would be contrary to the welfare of 11 12 the child, and that reasonable efforts, as defined in section 11 13 232.102, have been made to prevent or eliminate the need for 11 14 removal of the child from the child's home. 11 15 (2) The court's determination regarding continuation of 11 16 the child in the child's home, and regarding reasonable 11 17 efforts, including those made to prevent removal and those 11 18 made to finalize any permanency plan in effect, as well as any 11 19 determination by the court that reasonable efforts are not 11 20 required, must be made on a case-by-case basis. The grounds 11 21 for each determination must be explicitly documented and 11 22 stated in the court order. However, preserving the safety of 11 23 the child must be the court's paramount consideration. If 11 24 imminent danger to the child's life or health exists at the 11 25 time of the court's consideration, the determinations 11 26 otherwise required under this paragraph "a" shall not be a 11 27 prerequisite for an order for removal of the child. 11 28 (3) The order shall also include a statement informing the 11 29 child's parent that the consequences of a permanent removal 11 30 may include termination of the parent's rights with respect to 11 31 the child. 11 32 Sec. 16. Section 232.96, subsection 10, paragraph a, Code 11 33 2001, is amended to read as follows: 11 34 a. Astatement that the temporary removal is the result of11 35adetermination that continuation of the childremainingin 12 1 the child's home would be contrary to the welfare of the 12 2 child, and that reasonable efforts, as defined in section 12 3 232.102, have been made to prevent or eliminate the need for 12 4 removal of the child from the child's home. The court's 12 5 determination regarding continuation of the child in the 12 6 child's home, and regarding reasonable efforts, including 12 7 those made to prevent removal and those made to finalize any 12 8 permanency plan in effect, as well as any determination by the 12 9 court that reasonable efforts are not required, must be made 12 10 on a case-by-case basis. The grounds for each determination 12 11 must be explicitly documented and stated in the court order. 12 12 However, preserving the safety of the child is the paramount 12 13 consideration. If imminent danger to the child's life or 12 14 health exists at the time of the court's consideration, the 12 15 determinations otherwise required under this paragraph shall 12 16 not be a prerequisite for an order for temporary removal of 12 17 the child. 12 18 Sec. 17. Section 232.102, subsection 5, paragraph b, 12 19 unnumbered paragraph 2, Code 2001, is amended to read as 12 20 follows: 12 21The order shall, in addition, contain a statement that12 22removal from the home is the result of a determination thatIn 12 23 order to transfer custody of the child under this subsection, 12 24 the court must make a determination that continuation of the 12 25 child in the child's home would be contrary to the welfare of 12 26 the child, and shall identify the reasonable efforts that have 12 27 been made. The court's determination regarding continuation 12 28 of the child in the child's home, and regarding reasonable 12 29 efforts, including those made to prevent removal and those 12 30 made to finalize any permanency plan in effect, as well as any 12 31 determination by the court that reasonable efforts are not 12 32 required, must be made on a case-by-case basis. The grounds 12 33 for each determination must be explicitly documented and 12 34 stated in the court order. However, preserving the safety of 12 35 the child is the paramount consideration. If imminent danger 13 1 to the child's life or health exists at the time of the 13 2 court's consideration, the determinations otherwise required 13 3 under this paragraph shall not be a prerequisite for an order 13 4 for removal of the child. 13 5 Sec. 18. Section 232.102, subsection 10, paragraph a, 13 6 unnumbered paragraph 1, Code 2001, is amended to read as 13 7 follows: 13 8 As used in thissectiondivision, "reasonable efforts" 13 9 means the efforts made to preserve and unify a family prior to 13 10 the out-of-home placement of a child in foster care or to 13 11 eliminate the need for removal of the child or make it 13 12 possible for the child to safely return to the family's home. 13 13 If returning the child to the family's home is not appropriate 13 14 or not possible, reasonable efforts shall include the efforts 13 15 made in a timely manner to finalize a permanency plan for the 13 16 child. A child's health and safety shall be the paramount 13 17 concern in making reasonable efforts. Reasonable efforts may 13 18 include intensive family preservation services or family- 13 19 centered services, if the child's safety in the home can be 13 20 maintained during the time the services are provided. In 13 21 determining whether reasonable efforts have been made, the 13 22 court shall consider both of the following: 13 23 Sec. 19. Section 232.102, subsection 12, unnumbered 13 24 paragraph 1, Code 2001, is amended to read as follows: 13 25 If the court determines by clear and convincing evidence 13 26 that aggravated circumstances exist, with written findings of 13 27 fact based upon evidence in the record, the court may waive 13 28 the requirement for making reasonable efforts. The existence 13 29 of aggravated circumstances is indicated by any of the 13 30 following: 13 31 Sec. 20. Section 232.103, subsection 3, Code 2001, is 13 32 amended to read as follows: 13 33 3. A hearing shall be held on a motion to terminate or 13 34 modify a dispositional order except that a hearing on a motion 13 35 to terminate an order may be waived upon agreement by all 14 1 parties. Reasonable notice of the hearing shall be givenin14 2the same manner as for adjudicatory hearings in cases of14 3juvenile delinquency as provided in section 232.37to the 14 4 parties. The hearing shall be conducted in accordance with 14 5 the provisions of section 232.50. 14 6 Sec. 21. Section 232.104, subsection 1, paragraph c, Code 14 7 2001, is amended to read as follows: 14 8 c. Reasonable notice of a permanency hearingin a case of14 9juvenile delinquencyshall be providedpursuant to section14 10232.37to the parties. A permanency hearing shall be 14 11 conducted in substantial conformance with the provisions of 14 12 section 232.99. During the hearing, the court shall consider 14 13 the child's need for a secure and permanent placement in light 14 14 of any permanency plan or evidence submitted to the court. 14 15 Upon completion of the hearing, the court shall enter written 14 16 findings and make a determination identifying a primary 14 17 permanency goal for the child. If a permanency plan is in 14 18 effect at the time of the hearing, the court shall also make a 14 19 determination as to whether reasonable progress is being made 14 20 in achieving the permanency goal and complying with the other 14 21 provisions of that permanency plan. 14 22 Sec. 22. Section 232.104, subsection 2, paragraph d, 14 23 subparagraph (4), Code 2001, is amended to read as follows: 14 24 (4)Order long-term foster care placement for the child in14 25a licensed foster care home or facility.If the department 14 26 has documented to the court's satisfaction a compelling reason 14 27 for determining that an order under the other subparagraphs of 14 28 this paragraph "d" would not be in the child's best interest, 14 29 order another planned permanent living arrangement for the 14 30 child. 14 31 Sec. 23. REHABILITATIVE TREATMENT SERVICES STAFF 14 32 REQUIREMENTS. 14 33 1. Subject to federal requirements, the department of 14 34 human services shall act to change the staff qualification 14 35 requirements for rehabilitative treatment services provided 15 1 under the medical assistance program that are applicable to 15 2 those staff providing therapy and counseling services, and 15 3 psychosocial evaluation and behavioral management services for 15 4 children in therapeutic foster care. Under the change, such 15 5 staff who have graduated from an accredited four-year college, 15 6 institute, or university with a bachelor's degree in social 15 7 work in a program that is accredited by the council on social 15 8 work education shall not be required to have full-time 15 9 experience in social work or experience in the delivery of 15 10 human services in a public or private area. 15 11 2. If necessary to implement the change required by this 15 12 section, the department shall submit a plan amendment or 15 13 otherwise request authorization from the United States health 15 14 care financing administration. In addition, as necessary to 15 15 quickly implement the change, the department may adopt 15 16 emergency rules under section 17A.4, subsection 2, and section 15 17 17A.5, subsection 2, paragraph "b", to implement the 15 18 provisions of this section and the rules shall be effective 15 19 immediately upon filing unless a later date is specified in 15 20 the rules. Any rules adopted in accordance with this section 15 21 shall also be published as a notice of intended action as 15 22 provided in section 17A.4. 15 23 Sec. 24. EFFECTIVE DATE. Section 23, of this division of 15 24 this Act, relating to rehabilitative treatment services staff 15 25 requirements, being deemed of immediate importance, takes 15 26 effect upon enactment. 15 27 DIVISION V 15 28 TERMINATION OF PARENTAL RIGHTS 15 29 Sec. 25. Section 232.111, subsection 2, paragraph a, 15 30 subparagraph (1), Code 2001, is amended to read as follows: 15 31 (1) The child has been placed in foster care for fifteen 15 32 monthsor moreof the most recent twenty-two-month period. 15 33 The petition shall be filed by the end of the child's 15 34 fifteenth month of foster care placement. 15 35 DIVISION VI 16 1 NOTICE PROVISIONS 16 2 Sec. 26. Section 232.45, subsection 3, Code 2001, is 16 3 amended to read as follows: 16 4 3.AReasonable notice that states the time, place, and 16 5 purpose of the waiver hearing shall beissued and served in16 6the same manner asprovided to the persons required to be 16 7 provided notice for adjudicatory hearingsas provided inunder 16 8 section 232.37. Summons, subpoenas, and other process may be 16 9 issued and served in the same manner as for adjudicatory 16 10 hearings as provided in section 232.37. 16 11 Sec. 27. Section 232.54, subsection 8, unnumbered 16 12 paragraph 2, Code 2001, is amended to read as follows: 16 13 Notice requirements of this section shall be satisfiedin16 14the same manner as forby providing reasonable notice to the 16 15 persons required to be provided notice for adjudicatory 16 16 hearingsas provided inunder section 232.37, except that 16 17 notice shall be waived regarding a person who was notified of 16 18 the adjudicatory hearing and who failed to appear. At a 16 19 hearing under this section all relevant and material evidence 16 20 shall be admitted. 16 21 Sec. 28. Section 232.88, Code 2001, is amended to read as 16 22 follows: 16 23 232.88 SUMMONS, NOTICE, SUBPOENAS, AND SERVICE. 16 24 After a petition has been filed the court shall issue and 16 25 serve summons,notice,subpoenas, and other process in the 16 26 same manner as for adjudicatory hearings in cases of juvenile 16 27 delinquency as provided in section 232.37.In addition16 28 Reasonable notice shall be provided to the persons required to 16 29 be provided notice under section 232.37, except that notice 16 30 shall be waived regarding a person who was notified of the 16 31 adjudicatory hearing and who failed to appear. In addition, 16 32 reasonable notice for any hearing under this division shall be 16 33 provided to the agency, facility, institution, or person, 16 34 including a foster parent, relative, oranother individual 16 35 providing preadoptive care, with whom a child has been placed. 17 1 DIVISION VII 17 2 PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN 17 3 Sec. 29. CLIENT FINANCIAL PARTICIPATION. The department 17 4 of human services shall work with private providers of 17 5 psychiatric medical institution for children (PMIC) services 17 6 to eliminate or substantially reduce the requirement that PMIC 17 7 providers must collect client financial participation in the 17 8 cost of services and during fiscal year 2001-2002 shall submit 17 9 to the governor and general assembly proposals to achieve this 17 10 purpose. 17 11 Sec. 30. Section 135H.10, Code 2001, is amended by adding 17 12 the following new subsection: 17 13 NEW SUBSECTION. 3. Except for those psychiatric medical 17 14 institutions for children which are specialized to provide 17 15 substance abuse treatment, unless expressly authorized in 17 16 statute, the department of human services shall not include 17 17 services provided by psychiatric medical institutions for 17 18 children in any managed care contract. 17 19 17 20 17 21 17 22 MARY E. KRAMER 17 23 President of the Senate 17 24 17 25 17 26 17 27 BRENT SIEGRIST 17 28 Speaker of the House 17 29 17 30 I hereby certify that this bill originated in the Senate and 17 31 is known as Senate File 458, Seventy-ninth General Assembly. 17 32 17 33 17 34 17 35 MICHAEL E. MARSHALL 18 1 Secretary of the Senate 18 2 Approved , 2001 18 3 18 4 18 5 18 6 THOMAS J. VILSACK 18 7 Governor
Text: SF00457 Text: SF00459 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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