Text: SSB03181 Text: SSB03183 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 DEPARTMENT DUTIES 1 3 Section 1. Section 10A.104, subsection 2, Code 2001, is 1 4 amended to read as follows: 1 5 2. Appoint the administrators of the divisions within the 1 6 department and all other personnel deemed necessary for the 1 7 administration of this chapter, except the state public 1 8 defender, assistant state public defenders, administrator of 1 9 the racing and gaming commission, and members of the 1 10 employment appeal board, and administrator of the state1 11citizen foster care review board. All persons appointed and 1 12 employed in the department are covered by the provisions of 1 13 chapter 19A, but persons not appointed by the director are 1 14 exempt from the merit system provisions of chapter 19A. 1 15 Sec. 2. Section 10A.106, Code 2001, is amended by adding 1 16 the following new subsection: 1 17 NEW SUBSECTION. 6. Children's services division. 1 18 Sec. 3. NEW SECTION. 10A.901 CHILDREN'S SERVICES 1 19 DIVISION. 1 20 1. DEFINITIONS. For purposes of this section, unless the 1 21 context otherwise requires: 1 22 a. "Administrator" means the person coordinating the 1 23 administration of the division. 1 24 b. "Division" means the children's services division of 1 25 the department of inspections and appeals. 1 26 2. The administrator shall coordinate the division's 1 27 conduct of regulatory activity concerning children as provided 1 28 by law, including but not limited to all of the following: 1 29 a. Administer the citizen foster care review program in 1 30 accordance with section 237.18. 1 31 b. Administer the program for court appointed special 1 32 advocates as defined in section 232.2, including but not 1 33 limited to establishing criteria, procedures, and protocols 1 34 for the program. 1 35 DIVISION II 2 1 COURT APPOINTED SPECIAL ADVOCATE PROGRAM 2 2 Sec. 4. Section 232.2, subsection 9, Code Supplement 2001, 2 3 is amended to read as follows: 2 4 9. "Court appointed special advocate" means a person duly 2 5 certified by thejudicial branchdepartment of inspections and 2 6 appeals for participation in the court appointed special 2 7 advocate program administered by the department of inspections 2 8 and appeals under section 10A.901 and appointed by the court 2 9 in accordance with criteria jointly established by the 2 10 department of inspections and appeals and the judicial branch 2 11 to represent the interests of a child in any judicial 2 12 proceeding to which the child is a party or is called as a 2 13 witness or relating to any dispositional order involving the 2 14 child resulting from such proceeding. 2 15 Sec. 5. Section 232.147, subsection 3, paragraph c, Code 2 16 Supplement 2001, is amended to read as follows: 2 17 c. The child's parent, guardian or custodian,court-2 18appointed special advocate,and guardian ad litem. 2 19 Sec. 6. Section 232.147, subsection 3, Code Supplement 2 20 2001, is amended by adding the following new paragraph: 2 21 NEW PARAGRAPH. h. The department of inspections and 2 22 appeals for purposes of the court appointed special advocate 2 23 program. The department of inspections and appeals may 2 24 disclose the contents of a child's record to the child's court 2 25 appointed special advocate. 2 26 DIVISION III 2 27 FOSTER CARE REVIEW 2 28 Sec. 7. Section 235A.15, subsection 2, paragraph e, 2 29 subparagraph (7), Code Supplement 2001, is amended to read as 2 30 follows: 2 31 (7) Tothe state anda local citizen foster care review 2 32boards created pursuant to sections 237.16 and 237.19board 2 33 and the department of inspections and appeals for purposes of 2 34 foster care review in accordance with chapter 237, division 2 35 II. 3 1 Sec. 8. Section 237.1, unnumbered paragraph 1, Code 2001, 3 2 is amended to read as follows: 3 3 As used in this division of this chapter, unless the 3 4 context otherwise requires: 3 5 Sec. 9. Section 237.15, subsection 2, paragraphs b and d, 3 6 Code 2001, are amended to read as follows: 3 7 b. The child is under the guardianship of the department 3 8 of human services. 3 9 d. The child is at-risk of being placed outside the 3 10 child's home, the department of human services or court is 3 11 providing or planning to provide services to the child, and 3 12 the department of human services or court has requested the 3 13 involvement of thestatedepartment of inspections and appeals 3 14 or local board. 3 15 Sec. 10. Section 237.15, Code 2001, is amended by adding 3 16 the following new subsection: 3 17 NEW SUBSECTION. 2A. "Department" means the department of 3 18 inspections and appeals. 3 19 Sec. 11. Section 237.15, subsection 5, Code 2001, is 3 20 amended to read as follows: 3 21 5. "Person or court responsible for the child" means the 3 22departmentperson, including but not limited to the department 3 23 of human services, agency, or individual who is the guardian 3 24 of a child by court order issued by the juvenile or district 3 25 court and has the responsibility of the care of the child, or 3 26 the court having jurisdiction over the child. 3 27 Sec. 12. Section 237.15, subsection 6, Code 2001, is 3 28 amended by striking the subsection. 3 29 Sec. 13. Section 237.17, Code 2001, is amended to read as 3 30 follows: 3 31 237.17 FOSTER CARE REGISTRY. 3 32 1. Thestate boarddepartment shall establish a registry 3 33 of the placements of all children receiving foster care. The 3 34 department of human services shall notify thestate board3 35 department of inspections and appeals of each placement within 4 1 five working days of the department's notification of the 4 2 placement. The notification to thestate boarddepartment of 4 3 inspections and appeals shall include information identifying 4 4 the child receiving foster care and placement information for 4 5 that child. 4 6 2. Within thirty days of the placement or two days after 4 7 the dispositional hearing, whichever is earlier, the agency 4 8 responsible for the placement shall submit the case permanency 4 9 plan to thestate boarddepartment of inspections and appeals. 4 10 All subsequent revisions of the case permanency plan shall be 4 11 submitted when the revisions are developed. 4 12 Sec. 14. Section 237.18, unnumbered paragraph 1, Code 4 13 2001, is amended to read as follows: 4 14 Thestate boarddepartment shall do all of the following: 4 15 Sec. 15. Section 237.18, subsection 2, paragraph c, Code 4 16 2001, is amended to read as follows: 4 17 c. Evaluate the judicial and administrative data collected 4 18 on foster care and disseminate the data to the governor, the 4 19 supreme court, the chief judge of each judicial district, the 4 20 department of human services, and child-placing agencies. 4 21 Sec. 16. Section 237.18, subsection 2, paragraph d, 4 22 unnumbered paragraph 1, Code 2001, is amended to read as 4 23 follows: 4 24 d. Establish mandatory training programs for department 4 25 staff and members of the state and local review boards 4 26 including an initial training program and periodic in-service 4 27 training programs. Training shall focus on, but not be 4 28 limited to, the following: 4 29 Sec. 17. Section 237.18, subsections 5 and 6, Code 2001, 4 30 are amended to read as follows: 4 31 5. Employ appropriate staff in accordance with available 4 32 funding.The board shall coordinate with the department of4 33inspections and appeals regarding administrative functions of4 34the board.4 35 6. In conjunction with the legislative fiscal bureau and 5 1 in consultation with the department of human services,supreme5 2courtjudicial branch, and private foster care providers, 5 3 develop and maintain an evaluation program regarding citizen 5 4 foster care review programming. The evaluation program shall 5 5 be designed to evaluate the effectiveness of citizen reviews 5 6 in improving case permanency planning and meeting case 5 7 permanency planning goals, identify the amount of time 5 8 children spend in foster care placements, and identify problem 5 9 issues in the foster care system. Thestate boarddepartment 5 10 shall submit an annual evaluation report to the governor and 5 11 the general assembly. 5 12 7.The state board shall makeMake recommendations to the 5 13 general assembly, the department of human services,tochild- 5 14 placing agencies, the governor, the supreme court, the chief 5 15 judge of each judicial district, andtothe judicial branch. 5 16 The recommendations shall include, but are not limited to, 5 17 identification of systemic problems in the foster care and the 5 18 juvenile justice systems, specific proposals for improvements 5 19 that would assist the systems in being more cost-effective and 5 20 better able to protect the best interests of children, and 5 21 making necessary changes relating to the data collected and 5 22 the annual report made under subsection 2, paragraph "b". 5 23 Sec. 18. Section 237.19, subsection 1, Code 2001, is 5 24 amended to read as follows: 5 25 1. Thestate boarddepartment shall establish local 5 26 citizen foster care review boards to review cases of children 5 27 receiving foster care. The department of human services shall 5 28 discontinue its foster care review process for those children 5 29 reviewed by local boards as local boards are established and 5 30 operating. Thestate boarddepartment shall select five 5 31 members and two alternate members to serve on each local board 5 32 in consultation with the chief judge of each judicial 5 33 district. The actual number of local boards needed and 5 34 established shall be determined by thestate boarddepartment. 5 35 The members of each local board shall consist of persons of 6 1 the various social, economic, racial, and ethnic groups and 6 2 various occupations of their district. A person employed by 6 3 thestate board orthe department of human services, the 6 4 department of inspections and appeals, the district court, an 6 5 employee of an agency with which the department of human 6 6 services contracts for services for children under foster 6 7 care, a foster parent providing foster care, or a child- 6 8 placing agency shall not serve on a local board. Thestate6 9boarddepartment of inspections and appeals shall provide the 6 10 names of the members of the local boards to the department of 6 11 human services. 6 12 Sec. 19. Section 237.20, subsection 1, unnumbered 6 13 paragraph 1, Code 2001, is amended to read as follows: 6 14 Review at least every six months the case of each child 6 15 receiving foster care assigned to the local board by thestate6 16boarddepartment to determine whether satisfactory progress is 6 17 being made toward the goals of the case permanency plan 6 18 pursuant to section 237.22. As much as is possible, review 6 19 shall be conducted immediately prior to court reviews of the 6 20 case. 6 21 Sec. 20. Section 237.20, subsection 1, unnumbered 6 22 paragraph 3, Code 2001, is amended to read as follows: 6 23 The review shall include issues pertaining to the case 6 24 permanency plan and shall not include issues that do not 6 25 pertain to the case permanency plan. A person notified 6 26 pursuant to subsection 4 shall either attend the review or 6 27 submit testimony as requested by the local board or in 6 28 accordance with a written protocol jointly developed by the 6 29state boarddepartment of inspections and appeals and the 6 30 department of human services. Oral testimony may, upon the 6 31 request of the testifier or upon motion of the local board, be 6 32 given in a private setting when to do so would facilitate the 6 33 presentation of evidence. Local board questions shall pertain 6 34 to the permanency plan and shall not include issues that do 6 35 not pertain to the permanency plan. 7 1 Sec. 21. Section 237.20, subsection 4, paragraph f, Code 7 2 2001, is amended to read as follows: 7 3 f. The department of human services. 7 4 Sec. 22. Section 237.21, Code 2001, is amended to read as 7 5 follows: 7 6 237.21 CONFIDENTIALITY OF RECORDS – PENALTY. 7 7 1. The information and recordsof orprovided to a local 7 8 board or thestate boarddepartment regarding a child 7 9 receiving foster care and the child's family when relating to 7 10 the foster care placement are not public records pursuant to 7 11 chapter 22. Thestate boarddepartment and local boards, with 7 12 respect to hearings involving specific children receiving 7 13 foster care and the child's family, are not subject to chapter 7 14 21. 7 15 2. Information and records relating to a child receiving 7 16 foster care and to the child's family shall be provided to a 7 17 local board or thestate boarddepartment of inspections and 7 18 appeals by the department of human services or child-care 7 19 agency receiving purchase-of-service funds from the department 7 20 of human services upon request by either the local board or 7 21 the department of inspection and appeals. A court having 7 22 jurisdiction of a child receiving foster care shall release 7 23 the information and records the court deems necessary to 7 24 determine the needs of the child, if the information and 7 25 records are not obtainable elsewhere, to a local board or the 7 26state boarddepartment upon request by either the local board 7 27 or the department. If confidential information and records 7 28 are distributed to individual members in advance of a meeting 7 29 ofthe state board ora local board, the information and 7 30 records shall be clearly identified as confidential and the 7 31 members shall take appropriate steps to prevent unauthorized 7 32 disclosure. 7 33 3. Members of thestate board andlocal boards and the 7 34 employees of the department of human services and the 7 35 department of inspections and appeals are subject to standards 8 1 of confidentiality pursuant to sections 217.30, 228.6, 8 2 subsection 1, sections 235A.15, 600.16, and 600.16A. Members 8 3 of thestate andlocal boards and employees of the department 8 4 of human services and the department of inspections and 8 5 appeals who disclose information or recordsof theprovided to 8 6 a board or department, other than as provided in subsection 2, 8 7 are guilty of a simple misdemeanor. 8 8 Sec. 23. Section 237.16, Code 2001, is repealed. 8 9 Sec. 24. CODE EDITOR. 8 10 1. The Code editor shall codify section 10A.901, as 8 11 enacted by this division of this Act, as a new article of 8 12 chapter 10A entitled "Children's Services Division". 8 13 2. The Code editor shall amend the headnote to section 8 14 237.18, as amended by this division of this Act, to refer to 8 15 the "Duties of the Department of Inspections and Appeals" in 8 16 lieu of the current reference to the state board or to insert 8 17 other text as deemed appropriate by the Code editor. 8 18 EXPLANATION 8 19 This bill relates to advocacy for children in out-of-home 8 20 placements by providing for the department of inspections and 8 21 appeals to assume responsibility for the functions of the 8 22 state citizen foster care review board and for the court 8 23 appointed special advocate (CASA) program in place of the 8 24 judicial branch. In December 2001, the legislative council 8 25 adopted a resolution providing for the CASA program to be 8 26 administered by the office of the citizens' aide on a 8 27 temporary basis. 8 28 In division I, the bill amends Code chapter 10A to 8 29 establish within the department of inspections and appeals a 8 30 children's services division with responsibility for the 8 31 foster care review function and the court appointed special 8 32 advocate program. 8 33 In division II, the bill amends the definition of the term 8 34 "court appointed special advocate" in Code section 232.2 to 8 35 provide that the department certifies persons for 9 1 participation and appointment by the court in accordance with 9 2 criteria jointly established by the department and the 9 3 judicial branch. The bill amends Code section 232.147, 9 4 relating to access to juvenile court records, to provide that 9 5 the department has access to the records for purposes of the 9 6 program, and may disclose a child's record to the child's 9 7 CASA. 9 8 In division III, the bill provides that the department 9 9 exercises responsibility for performing foster care review in 9 10 place of the state citizen foster care review board. The 9 11 department assumes the role of the state citizen foster care 9 12 review board under Code section 237.19 to establish 9 13 requirements for local citizen foster care review boards and 9 14 to appoint members to those boards. The bill repeals Code 9 15 section 237.16, which provides for creation of the state 9 16 citizen foster care review board and appointment of its 9 17 members. 9 18 LSB 5556XL 79 9 19 jp/cf/24 9 20
Text: SSB03181 Text: SSB03183 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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