Text: SSB01123 Text: SSB01125 Text: SSB01100 - SSB01199 Text: SSB 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 PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN 1 33 Sec. 3. Section 135H.10, subsection 2, Code 2001, is 1 34 amended by striking the subsection. 1 35 DIVISION III 2 1 GROUP CHILD CARE PROVIDERS 2 2 Sec. 4. Section 237A.3, subsection 2, paragraph b, Code 2 3 2001, is amended to read as follows: 2 4 b. Except as provided in subsection 3, a group child care 2 5 home shall not provide child care to more than eleven children 2 6 at any one time. If there are more than six children present 2 7 for a period of two hours or more, the group child care home 2 8 must have at least one responsible individual who is at least 2 9 fourteen years of age present to assist the group child care 2 10 provider in accordance with either of the following 2 11 conditions: 2 12 (1) If the responsible individual is a joint holder of the 2 13 certificate of registration, not more than four of the 2 14 children present shall beless than twenty-four months of age2 15and not more than ten of the children present shall be twenty-2 16four months of age or older but not attending school in2 17kindergarten or a higher grade levelinfants. The total 2 18 number of children present at any one time who are younger 2 19 than school age, including infants, shall not exceed eleven. 2 20 (2) If the responsible individual is not a joint holder of 2 21 the certificate of registration, but is at least fourteen 2 22 years of age, not more than four of the children shall beless2 23than twenty-four months of ageinfants and each child in 2 24 excess of six children shall beattending school in2 25kindergarten or a higher grade levelschool age. 2 26 DIVISION IV 2 27 JUVENILE DELINQUENCY PROCEEDINGS 2 28 Sec. 5. Section 232.21, subsection 4, Code 2001, is 2 29 amended to read as follows: 2 30 4. A child placed in a shelter care facility under this 2 31 section shall not be held for a period in excess of forty- 2 32 eight hours without an oral or written court order authorizing 2 33 the shelter care. When the action is authorized by an oral 2 34 court order, the court shall enter a written order before the 2 35 end of the next day confirming the oral order and indicating 3 1 the reasons for the order. A child placed in shelter care 3 2 pursuant to section 232.19, subsection 1, paragraph "c" shall 3 3 not be held in excess of seventy-two hours in any event. If 3 4 deemed appropriate by the court, an order authorizing shelter 3 5 care placement may include a determination that continuation 3 6 of the child in the child's home is contrary to the child's 3 7 welfare and that reasonable efforts as defined in section 3 8 232.57 have been made. The inclusion of such a determination 3 9 shall not under any circumstances be deemed a prerequisite for 3 10 entering an order pursuant to this section. However, the 3 11 inclusion of such a finding, supported by the record, may 3 12 assist the department in obtaining federal funding for the 3 13 child's placement. 3 14 Sec. 6. Section 232.22, Code 2001, is amended by adding 3 15 the following new subsection: 3 16 NEW SUBSECTION. 1A. If deemed appropriate by the court, 3 17 an order for placement of a child in detention may include a 3 18 determination that continuation of the child in the child's 3 19 home is contrary to the child's welfare and that reasonable 3 20 efforts as defined in section 232.57 have been made. The 3 21 inclusion of such a determination shall not under any 3 22 circumstances be deemed a prerequisite for entering an order 3 23 pursuant to this section. However, the inclusion of such a 3 24 determination, supported by the record, may assist the 3 25 department in obtaining federal funding for the child's 3 26 placement. 3 27 Sec. 7. Section 232.52, subsection 6, unnumbered paragraph 3 28 1, Code 2001, is amended to read as follows: 3 29 When the court orders the transfer of legal custody of a 3 30 child pursuant to subsection 2,paragraphsparagraph "d", "e", 3 31 or "f", the order shall state that reasonable efforts as 3 32 defined in section 232.57 have been madeto prevent or3 33eliminate the need for removal of the child from the child's3 34home. If deemed appropriate by the court, the order may 3 35 include a determination that continuation of the child in the 4 1 child's home is contrary to the child's welfare. The 4 2 inclusion of such a determination shall not under any 4 3 circumstances be deemed a prerequisite for entering an order 4 4 pursuant to this section. However, the inclusion of such a 4 5 determination, supported by the record, may be used to assist 4 6 the department in obtaining federal funding for the child's 4 7 placement. 4 8 Sec. 8. Section 232.53, subsection 4, Code 2001, is 4 9 amended to read as follows: 4 10 4. a. Any person supervising but not having custody of 4 11 the child pursuant to such an order shall file a written 4 12 report with the court at least every six months concerning the 4 13 status and progress of the child. 4 14 b. Any agency, facility, institution, or person to whom 4 15 custody of the child has been transferred pursuant to such 4 16 order shall file a written report with the court at least 4 17 every six months concerning the status and progress of the 4 18 child. 4 19 c. Any report prepared pursuant to this subsection shall 4 20 be included in the record considered by the court in a 4 21 permanency hearing conducted pursuant to section 232.58. 4 22 Sec. 9. NEW SECTION. 232.57 REASONABLE EFFORTS DEFINED. 4 23 1. For the purposes of this division, unless the context 4 24 otherwise requires, "reasonable efforts" means the efforts 4 25 made to prevent permanent removal of a child from the child's 4 26 home and to encourage reunification of the child with the 4 27 child's parents and family. If a court order includes a 4 28 determination that continuation of the child in the child's 4 29 home is not appropriate or not possible, reasonable efforts 4 30 may include the efforts made in a timely manner to finalize a 4 31 permanency plan for the child. 4 32 2. If the court determines aggravated circumstances exist, 4 33 with written findings of fact based upon evidence in the 4 34 record, the court may waive the requirement for making 4 35 reasonable efforts. The existence of aggravated circumstances 5 1 is indicated by any of the following: 5 2 a. The parent has abandoned the child. 5 3 b. The court finds the circumstances described in section 5 4 232.116, subsection 1, paragraph "h", are applicable to the 5 5 child. 5 6 c. The parent's parental rights have been terminated under 5 7 section 232.116 with respect to another child who is a member 5 8 of the same family, and there is clear and convincing evidence 5 9 to show that the offer or receipt of services would not be 5 10 likely within a reasonable period of time to correct the 5 11 conditions which led to the child's removal. 5 12 d. The parent has been convicted of the murder of another 5 13 child of the parent. 5 14 e. The parent has been convicted of the voluntary 5 15 manslaughter of another child of the parent. 5 16 f. The parent has been convicted of aiding or abetting, 5 17 attempting, conspiring in, or soliciting the commission of the 5 18 murder or voluntary manslaughter of another child of the 5 19 parent. 5 20 g. The parent has been convicted of a felony assault which 5 21 resulted in serious bodily injury of the child or of another 5 22 child of the parent. 5 23 3. Any order entered under this division may include 5 24 findings regarding reasonable efforts. 5 25 Sec. 10. NEW SECTION. 232.58 PERMANENCY HEARINGS. 5 26 1. If an order entered pursuant to this division for an 5 27 out-of-home placement of a child includes a determination that 5 28 continuation of the child in the child's home is contrary to 5 29 the child's welfare, the court shall review the child's 5 30 continued placement by holding a permanency hearing or 5 31 hearings in accordance with this section. The initial 5 32 permanency hearing shall be the earlier of the following: 5 33 a. For an order for which the court has not waived 5 34 reasonable efforts requirements, the permanency hearing shall 5 35 be held within twelve months of the date the child was removed 6 1 from the home. 6 2 b. For an order in a case in which aggravated 6 3 circumstances exist for which the court has waived reasonable 6 4 efforts requirements, the permanency hearing shall be held 6 5 within thirty days of the date the requirements were waived. 6 6 2. Reasonable notice shall be provided of a permanency 6 7 hearing for an out-of-home placement in which the court order 6 8 has included a determination that continuation of the child in 6 9 the child's home is contrary to the child's welfare. A 6 10 permanency hearing shall be conducted in substantial 6 11 conformance with the provisions of section 232.99. During the 6 12 hearing, the court shall consider the child's need for a 6 13 secure and permanent placement in light of any case permanency 6 14 plan or evidence submitted to the court. Upon completion of 6 15 the hearing, the court shall enter written findings 6 16 identifying a primary permanency goal for the child. If a 6 17 case permanency plan is in effect at the time of the hearing, 6 18 the court shall also make a determination as to whether 6 19 reasonable progress is being made in achieving the permanency 6 20 goal and in complying with the other provisions of that case 6 21 permanency plan. 6 22 3. After a permanency hearing, the court shall do one of 6 23 the following: 6 24 a. Enter an order pursuant to section 232.52 to return the 6 25 child to the child's home. 6 26 b. Enter an order pursuant to section 232.52 to continue 6 27 the out-of-home placement of the child for an additional six 6 28 months at which time the court shall hold a hearing to 6 29 consider modification of its permanency order. An order 6 30 entered under this paragraph shall enumerate the specific 6 31 factors, conditions, or expected behavioral changes which 6 32 comprise the basis for the determination that the need for 6 33 removal of the child from the child's home will no longer 6 34 exist at the end of the additional six-month period. 6 35 c. Direct the county attorney or the attorney for the 7 1 child to institute proceedings to terminate the parent-child 7 2 relationship. 7 3 d. Enter an order, pursuant to findings based upon the 7 4 existence of the evidence required by subsection 4, to do one 7 5 of the following: 7 6 (1) Transfer guardianship and custody of the child to a 7 7 suitable person. 7 8 (2) Transfer sole custody of the child from one parent to 7 9 another parent. 7 10 (3) Transfer custody of the child to a suitable person for 7 11 the purpose of long-term care. 7 12 (4) If the department has documented to the court's 7 13 satisfaction a compelling reason for determining that an order 7 14 under the other subparagraphs of this paragraph "d" would not 7 15 be in the child's best interest, order another planned 7 16 permanent living arrangement for the child. 7 17 4. Prior to entering a permanency order pursuant to 7 18 subsection 3, paragraph "d", clear and convincing evidence 7 19 must exist showing that all of the following apply: 7 20 a. A termination of the parent-child relationship would 7 21 not be in the best interest of the child. 7 22 b. Services were offered to the child's family to correct 7 23 the situation which led to the child's removal from the home. 7 24 c. The child cannot be returned to the child's home. 7 25 5. Any permanency order may provide restrictions upon the 7 26 contact between the child and the child's parent or parents, 7 27 consistent with the best interest of the child. 7 28 6. Subsequent to the entry of a permanency order pursuant 7 29 to this section, the child shall not be returned to the care, 7 30 custody, or control of the child's parent or parents, over a 7 31 formal objection filed by the child's attorney or guardian ad 7 32 litem, unless the court finds by a preponderance of the 7 33 evidence that returning the child to such custody would be in 7 34 the best interest of the child. 7 35 7. Following an initial permanency hearing and the entry 8 1 of a permanency order which places a child in the custody or 8 2 guardianship of another person or agency, the court shall 8 3 retain jurisdiction and annually review the order to ascertain 8 4 whether the best interest of the child is being served. When 8 5 the order places the child in the custody of the department 8 6 for the purpose of a planned permanent living arrangement, the 8 7 review shall be in a hearing that shall not be waived or 8 8 continued beyond twelve months after the initial permanency 8 9 hearing or the last permanency review hearing. Any 8 10 modification shall be accomplished through a hearing procedure 8 11 following reasonable notice. During the hearing, all relevant 8 12 and material evidence shall be admitted and procedural due 8 13 process shall be provided to all parties. 8 14 DIVISION V 8 15 CHILD IN NEED OF ASSISTANCE PROCEEDINGS 8 16 Sec. 11. Section 232.78, subsection 7, Code 2001, is 8 17 amended to read as follows: 8 18 7. Any order entered under this section authorizing 8 19 temporary removal of a childshallmust include both of the 8 20 following: 8 21 a. Astatement that the temporary removal is the result of8 22adetermination made by the court that continuation of the 8 23 childremainingin the child's home would be contrary to the 8 24 welfare of the child, and that reasonable efforts have been8 25made to prevent or eliminate the need for removal of the child8 26from the child's home. Such a determination must be made on a 8 27 case-by-case basis. The grounds for the court's determination 8 28 must be explicitly documented and stated in the order. 8 29 However, preserving the safety of the child must be the 8 30 court's paramount consideration. If imminent danger to the 8 31 child's life or health exists at the time of the court's 8 32 consideration, the determination shall not be a prerequisite 8 33 to the removal of the child. 8 34 b. A statement informing the child's parent that the 8 35 consequences of a permanent removal may include termination of 9 1 the parent's rights with respect to the child. 9 2 Sec. 12. Section 232.79, subsection 4, Code 2001, is 9 3 amended by adding the following new paragraph: 9 4 NEW PARAGRAPH. c. If deemed appropriate by the court, 9 5 upon being informed that there has been an emergency removal 9 6 or keeping of a child without a court order, the court may 9 7 enter an order in accordance with section 232.78. 9 8 Sec. 13. Section 232.95, subsection 2, paragraph a, Code 9 9 2001, is amended to read as follows: 9 10 a. Remove the child from home and place the child in a 9 11 shelter care facility or in the custody of a suitable person 9 12 or agency pending a final order of disposition if the court 9 13 finds that substantial evidence exists to believe that removal 9 14 is necessary to avoid imminent risk to the child's life or 9 15 health. 9 16 (1) If removal is ordered, theorder shallcourt must, in 9 17 addition,contain a statement that removal from the home is9 18the result ofmake a determination that continuation of the 9 19 child in the child's home would be contrary to the welfare of 9 20 the child, and that reasonable efforts, as defined in section 9 21 232.102, have been made to prevent or eliminate the need for 9 22 removal of the child from the child's home. 9 23 (2) The court's determination regarding continuation of 9 24 the child in the child's home, and regarding reasonable 9 25 efforts, including those made to prevent removal and those 9 26 made to finalize any permanency plan in effect, as well as any 9 27 determination by the court that reasonable efforts are not 9 28 required, must be made on a case-by-case basis. The grounds 9 29 for each determination must be explicitly documented and 9 30 stated in the court order. However, preserving the safety of 9 31 the child must be the court's paramount consideration. If 9 32 imminent danger to the child's life or health exists at the 9 33 time of the court's consideration, the determinations 9 34 otherwise required under this paragraph "a" shall not be a 9 35 prerequisite for an order for removal of the child. 10 1 (3) The order shall also include a statement informing the 10 2 child's parent that the consequences of a permanent removal 10 3 may include termination of the parent's rights with respect to 10 4 the child. 10 5 Sec. 14. Section 232.96, subsection 10, paragraph a, Code 10 6 2001, is amended to read as follows: 10 7 a. Astatement that the temporary removal is the result of10 8adetermination that continuation of the childremainingin 10 9 the child's home would be contrary to the welfare of the 10 10 child, and that reasonable efforts, as defined in section 10 11 232.102, have been made to prevent or eliminate the need for 10 12 removal of the child from the child's home. The court's 10 13 determination regarding continuation of the child in the 10 14 child's home, and regarding reasonable efforts, including 10 15 those made to prevent removal and those made to finalize any 10 16 permanency plan in effect, as well as any determination by the 10 17 court that reasonable efforts are not required, must be made 10 18 on a case-by-case basis. The grounds for each determination 10 19 must be explicitly documented and stated in the court order. 10 20 However, preserving the safety of the child is the paramount 10 21 consideration. If imminent danger to the child's life or 10 22 health exists at the time of the court's consideration, the 10 23 determinations otherwise required under this paragraph shall 10 24 not be a prerequisite for an order for temporary removal of 10 25 the child. 10 26 Sec. 15. Section 232.102, subsection 5, paragraph b, 10 27 unnumbered paragraph 2, Code 2001, is amended to read as 10 28 follows: 10 29The order shall, in addition, contain a statement that10 30removal from the home is the result of a determination thatIn 10 31 order to transfer custody of the child under this subsection, 10 32 the court must make a determination that continuation of the 10 33 child in the child's home would be contrary to the welfare of 10 34 the child, and shall identify the reasonable efforts that have 10 35 been made. The court's determination regarding continuation 11 1 of the child in the child's home, and regarding reasonable 11 2 efforts, including those made to prevent removal and those 11 3 made to finalize any permanency plan in effect, as well as any 11 4 determination by the court that reasonable efforts are not 11 5 required, must be made on a case-by-case basis. The grounds 11 6 for each determination must be explicitly documented and 11 7 stated in the court order. However, preserving the safety of 11 8 the child is the paramount consideration. If imminent danger 11 9 to the child's life or health exists at the time of the 11 10 court's consideration, the determinations otherwise required 11 11 under this paragraph shall not be a prerequisite for an order 11 12 for removal of the child. 11 13 Sec. 16. Section 232.102, subsection 10, paragraph a, 11 14 unnumbered paragraph 1, Code 2001, is amended to read as 11 15 follows: 11 16 As used in thissectiondivision, "reasonable efforts" 11 17 means the efforts made to preserve and unify a family prior to 11 18 the out-of-home placement of a child in foster care or to 11 19 eliminate the need for removal of the child or make it 11 20 possible for the child to safely return to the family's home. 11 21 If returning the child to the family's home is not appropriate 11 22 or not possible, reasonable efforts shall include the efforts 11 23 made in a timely manner to finalize a permanency plan for the 11 24 child. A child's health and safety shall be the paramount 11 25 concern in making reasonable efforts. Reasonable efforts may 11 26 include intensive family preservation services or family- 11 27 centered services, if the child's safety in the home can be 11 28 maintained during the time the services are provided. In 11 29 determining whether reasonable efforts have been made, the 11 30 court shall consider both of the following: 11 31 Sec. 17. Section 232.103, subsection 3, Code 2001, is 11 32 amended to read as follows: 11 33 3. A hearing shall be held on a motion to terminate or 11 34 modify a dispositional order except that a hearing on a motion 11 35 to terminate an order may be waived upon agreement by all 12 1 parties. Reasonable notice of the hearing shall be givenin12 2the same manner as for adjudicatory hearings in cases of12 3juvenile delinquency as provided in section 232.37to the 12 4 parties. The hearing shall be conducted in accordance with 12 5 the provisions of section 232.50. 12 6 Sec. 18. Section 232.104, subsection 1, paragraph c, Code 12 7 2001, is amended to read as follows: 12 8 c. Reasonable notice of a permanency hearingin a case of12 9juvenile delinquencyshall be providedpursuant to section12 10232.37to the parties. A permanency hearing shall be 12 11 conducted in substantial conformance with the provisions of 12 12 section 232.99. During the hearing, the court shall consider 12 13 the child's need for a secure and permanent placement in light 12 14 of any permanency plan or evidence submitted to the court. 12 15 Upon completion of the hearing, the court shall enter written 12 16 findings and make a determination identifying a primary 12 17 permanency goal for the child. If a permanency plan is in 12 18 effect at the time of the hearing, the court shall also make a 12 19 determination as to whether reasonable progress is being made 12 20 in achieving the permanency goal and complying with the other 12 21 provisions of that permanency plan. 12 22 Sec. 19. Section 232.104, subsection 2, paragraph d, 12 23 subparagraph (4), Code 2001, is amended to read as follows: 12 24 (4)Order long-term foster care placement for the child in12 25a licensed foster care home or facility.If the department 12 26 has documented to the court's satisfaction a compelling reason 12 27 for determining that an order under the other subparagraphs of 12 28 this paragraph "d" would not be in the child's best interest, 12 29 order another planned permanent living arrangement for the 12 30 child. 12 31 DIVISION VI 12 32 TERMINATION OF PARENTAL RIGHTS 12 33 Sec. 20. Section 232.111, subsection 2, paragraph a, 12 34 subparagraph (1), Code 2001, is amended to read as follows: 12 35 (1) The child has been placed in foster care for fifteen 13 1 monthsor moreof the most recent twenty-two-month period. 13 2 The petition shall be filed by the end of the child's 13 3 fifteenth month of foster care placement. 13 4 DIVISION VII 13 5 NOTICE PROVISIONS 13 6 Sec. 21. Section 232.45, subsection 3, Code 2001, is 13 7 amended to read as follows: 13 8 3.AReasonable notice that states the time, place, and 13 9 purpose of the waiver hearing shall beissued and served in13 10the same manner asprovided to the persons required to be 13 11 provided notice for adjudicatory hearingsas provided inunder 13 12 section 232.37. Summons, subpoenas, and other process may be 13 13 issued and served in the same manner as for adjudicatory 13 14 hearings as provided in section 232.37. 13 15 Sec. 22. Section 232.54, subsection 8, unnumbered 13 16 paragraph 2, Code 2001, is amended to read as follows: 13 17 Notice requirements of this section shall be satisfiedin13 18the same manner as forby providing reasonable notice to the 13 19 persons required to be provided notice for adjudicatory 13 20 hearingsas provided inunder section 232.37, except that 13 21 notice shall be waived regarding a person who was notified of 13 22 the adjudicatory hearing and who failed to appear. At a 13 23 hearing under this section all relevant and material evidence 13 24 shall be admitted. 13 25 Sec. 23. Section 232.88, Code 2001, is amended to read as 13 26 follows: 13 27 232.88 SUMMONS, NOTICE, SUBPOENAS, AND SERVICE. 13 28 After a petition has been filed the court shall issue and 13 29 serve summons,notice,subpoenas, and other process in the 13 30 same manner as for adjudicatory hearings in cases of juvenile 13 31 delinquency as provided in section 232.37.In addition13 32 Reasonable notice shall be provided to the persons required to 13 33 be provided notice under section 232.37, except that notice 13 34 shall be waived regarding a person who was notified of the 13 35 adjudicatory hearing and who failed to appear. In addition, 14 1 reasonable notice for any hearing under this division shall be 14 2 provided to the agency, facility, institution, or person, 14 3 including a foster parent, relative, oranother individual 14 4 providing preadoptive care, with whom a child has been placed. 14 5 EXPLANATION 14 6 This bill relates to children's provisions involving the 14 7 department of human services in regard to the foster home 14 8 insurance fund, psychiatric medical institutions for children, 14 9 group child care providers, juvenile delinquency and child in 14 10 need of assistance dispositions, and termination of parental 14 11 rights. 14 12 Division I of the bill relates to the foster home insurance 14 13 fund. Code section 237.13 is amended to add coverage under 14 14 the fund for guardians appointed on a voluntary petition filed 14 15 under Code chapter 232, the juvenile justice code. 14 16 Division II of the bill relates to psychiatric medical 14 17 institutions for children (PMICs) under Code chapter 135H. 14 18 The bill strikes a provision allowing moneys appropriated to 14 19 the department of human services for foster care to be used to 14 20 pay the costs of a child whose foster care placement is to a 14 21 PMIC. The stricken language also provides for recovery of 14 22 moneys used in this manner. 14 23 Division III of the bill relates to group child care 14 24 providers under Code section 237A.3. The bill replaces 14 25 language regarding children who are less than 24 months of age 14 26 with the term "infant", a defined term with the same meaning. 14 27 In addition, the bill strikes language applying a separate cap 14 28 on the number of preschool children who may receive care from 14 29 a joint group child care provider. Under the bill, such a 14 30 provider would be limited to caring for up to 11 children at 14 31 one time with not more than four of infant age. 14 32 Division IV of the bill relates to juvenile delinquency 14 33 provisions under Code chapter 232, the juvenile justice code. 14 34 Code section 232.21, relating to placement of a child in 14 35 shelter care, is amended to provide that a written court order 15 1 for the placement may include the determination that the child 15 2 remaining in the child's home would be contrary to the child's 15 3 welfare and that reasonable efforts to prevent the permanent 15 4 removal of the child, as defined later in the bill in new Code 15 5 section 232.57, have been made. The inclusion of such a 15 6 finding is not to be deemed a prerequisite for entry of the 15 7 order for shelter care placement; however, the inclusion of 15 8 the finding may assist the department of human services in 15 9 obtaining federal funding for the placement. 15 10 Similar language is inserted as a new subsection in Code 15 11 section 232.22, relating to placement of a child in detention. 15 12 Code section 232.52, relating to the disposition of a child 15 13 found to have committed a delinquent act, is amended to 15 14 include a similar provision in orders providing for transfer 15 15 of legal custody of a child to an adult relative, child 15 16 placing agency or other private agency, department of human 15 17 services for foster care or state training school placement, 15 18 or juvenile court officer for placements involving a community 15 19 supervised treatment program. 15 20 Code section 232.53, relating to the duration of 15 21 depositional orders under Code section 232.52, is amended in 15 22 regard to the filing of written reports by persons supervising 15 23 the children who are subject to the orders. The bill provides 15 24 that the reports are to be made part of the record considered 15 25 by the court in any delinquency permanency hearing. 15 26 New Code section 232.57 provides a definition of the term 15 27 "reasonable efforts" that is applicable to all juvenile 15 28 delinquency proceedings and other provisions of the juvenile 15 29 delinquency division of the bill. 15 30 New Code section 232.58 lays out a process for permanency 15 31 hearings for the review of those out-of-home placements of a 15 32 child in which the order included the finding that the child 15 33 remaining in the child's home is contrary to the child's 15 34 welfare. 15 35 Division V of the bill relates to child in need of 16 1 assistance (CINA) provisions under Code chapter 232, the 16 2 juvenile justice code. 16 3 Code section 232.78, relating to temporary removal of a 16 4 child from the child's home pursuant to an ex parte court 16 5 order, is amended. The bill strikes a prerequisite that 16 6 reasonable efforts must have been made to prevent or eliminate 16 7 the need for removal of the child. Under the bill, the court 16 8 must still determine that the child remaining in the child's 16 9 home would be contrary to the child's welfare. In addition, 16 10 the court must make this determination on a case-by-case basis 16 11 and explicitly document in the order the grounds for making 16 12 the determination. 16 13 Code section 232.79, relating to emergency removal of a 16 14 child without a court order, is amended. Under current law, 16 15 the court must be informed of such an emergency removal. The 16 16 bill provides that upon being informed, the court may order 16 17 temporary removal of the child in accordance with Code section 16 18 232.78. 16 19 Code section 232.95, relating to hearings concerning 16 20 temporary removal of a child, is amended. Under the bill, if 16 21 the court determines that a child's removal from the home is 16 22 to be continued, the court must still determine that the child 16 23 remaining in the child's home would be contrary to the child's 16 24 welfare and that reasonable efforts have been made to prevent 16 25 or eliminate the need for the removal. In addition, the court 16 26 must make this determination on a case-by-case basis and 16 27 explicitly document in the order the grounds for making the 16 28 determination. The bill provides that preserving the child's 16 29 safety is the paramount consideration and if there is imminent 16 30 danger to the child's life or health at the time of the 16 31 court's consideration, the court may continue the removal 16 32 order without making the otherwise required determinations. 16 33 Code section 232.96, relating to CINA adjudicatory 16 34 hearings, is amended in regard to entry of an order for 16 35 temporary removal of a child made when the court has not 17 1 previously entered such order. If such an order is entered, 17 2 current law requires the court to include a statement that the 17 3 child remaining in the child's home is contrary to the child's 17 4 welfare and that reasonable efforts have been made. The bill 17 5 makes this language consistent with the bill's other 17 6 provisions regarding determinations required of a court order 17 7 for removal of a child from the child's home. 17 8 Code section 232.102, relating to transfer of legal custody 17 9 of a child and placement, is amended. Under current law, 17 10 custody of a child should not be transferred unless the child 17 11 cannot be protected from physical abuse without the transfer 17 12 or cannot be protected from some harm which would justify 17 13 adjudication of the child as a CINA. The bill adds to those 17 14 requirements the same set of requirements to make 17 15 determinations as is added to Code section 232.95. 17 16 The Code section 232.102 definition of "reasonable efforts" 17 17 is made applicable to the entire child in need of assistance 17 18 division of Code chapter 232. 17 19 Code section 232.103, relating to termination, 17 20 modification, vacation, and substitution of dispositional 17 21 orders, is amended in regard to notice of hearings. Under 17 22 current law, notice must be provided by personal service 17 23 unless the court orders it to be provided by certified mail. 17 24 The bill provides instead that reasonable notice of this type 17 25 of hearing is to be provided to the parties. 17 26 Code section 232.104, relating to permanency hearings under 17 27 the CINA division, is amended. First, the bill strikes a 17 28 reference to permanency hearings for juvenile delinquency to 17 29 conform with the permanency hearing provisions included in the 17 30 bill for juvenile delinquency. In addition, the notice of the 17 31 permanency hearings is to be reasonable rather than by 17 32 personal service or certified mail. Second, current law 17 33 authorizing the court to order long-term foster care placement 17 34 in a home or facility as an option is modified. In lieu of 17 35 long-term foster care placement, the court may order a 18 1 "planned permanent living arrangement" for the child, provided 18 2 the department of human services has documented to the court's 18 3 satisfaction a compelling reason that none of these other 18 4 options is in the child's best interest: transfer to the 18 5 custody of another suitable person, transfer custody from one 18 6 parent to another parent, or transfer custody to a suitable 18 7 person for the purpose of long-term care. 18 8 Division VI of the bill amends Code section 232.111, 18 9 relating to a directive for the county attorney to petition 18 10 for termination of parental rights. Under current law, unless 18 11 certain conditions exist, the county attorney must file a 18 12 petition if a child has been placed in foster care for 15 18 13 months or more of the most recent 22-month period. The bill 18 14 provides that the petition must be filed by the end of the 18 15 15th month. 18 16 Division VII of the bill relates to notice provisions for 18 17 various hearings under the juvenile justice code. The bill 18 18 amends Code section 232.88 to includes a relative with whom a 18 19 child is placed in the list of those who receive notice of a 18 20 child in need of assistance judicial proceeding concerning the 18 21 child. For hearings that are held following an adjudicatory 18 22 hearing, the bill provides that reasonable notice must be 18 23 provided to the persons who were required to be notified of 18 24 the original adjudicatory hearing, except those who were 18 25 notified and failed to appear. 18 26 LSB 1079DP 79 18 27 jp/pj/5
Text: SSB01123 Text: SSB01125 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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Last update: Thu Feb 15 03:35:21 CST 2001
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