Text: H08553 Text: H08555 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2390, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Section 1. Section 225C.42, subsection 1, Code 1 6 Supplement 2003, is amended to read as follows: 1 7 1. The department shall conductan annuala 1 8 periodic evaluation of the family support subsidy 1 9 program and shall submit the evaluation report with 1 10 recommendations to the governor and general assembly 1 11by September 30 following the end of the fiscal year. 1 12 Sec. . Section 225C.42, subsection 2, paragraph 1 13 a, Code Supplement 2003, is amended to read as 1 14 follows: 1 15 a. A statement of the number of children and 1 16 families served by the program during thefiscal year1 17 period and the number remaining on the waiting list at 1 18 the end of thefiscal yearperiod. 1 19 Sec. . Section 232.2, subsection 13, Code 1 20 Supplement 2003, is amended to read as follows: 1 21 13. "Department" means the department of human 1 22 services and includes the local, county, andregional1 23 service area officers of the department. 1 24 Sec. . Section 232.52, subsection 2A, Code 1 25 Supplement 2003, is amended to read as follows: 1 26 2A. Notwithstanding subsection 2, the court shall 1 27 not order group foster care placement of the child 1 28 which is a charge upon the state if that placement is 1 29 not in accordance with theregionalservice area plan 1 30 for group foster care established pursuant to section 1 31 232.143 for the departmentalregionservice area in 1 32 which the court is located. 1 33 Sec. . Section 232.52, subsection 7, Code 1 34 Supplement 2003, is amended to read as follows: 1 35 7. If the court orders the transfer of the custody 1 36 of the child to the department of human services or to 1 37 another agency for placement in group foster care, the 1 38 department or agency shall make every reasonable 1 39 effort to place the childwithin the state,in the 1 40 least restrictive, most family-like, and most 1 41 appropriate setting available and in close proximity 1 42 to the parents' home, consistent with the child's best 1 43 interests and special needs, and shall consider the 1 44 placement's proximity to the school in which the child 1 45 is enrolled at the time of placement. 1 46 Sec. . Section 232.68, subsection 4, Code 1 47 Supplement 2003, is amended to read as follows: 1 48 4. "Department" means the state department of 1 49 human services and includes the local, county, and 1 50regionalservice area offices of the department. 2 1 Sec. . Section 232.72, subsection 1, Code 2 2 Supplement 2003, is amended to read as follows: 2 3 1. For the purposes of this division, the terms 2 4 "department of human services", "department", or 2 5 "county attorney" ordinarily refer to theregional2 6 service area or local office of the department of 2 7 human services or of the county attorney's office 2 8 serving the county in which the child's home is 2 9 located. 2 10 Sec. . Section 232.102, subsection 1A, Code 2 11 Supplement 2003, is amended to read as follows: 2 12 1A. The court shall not order group foster care 2 13 placement of the child which is a charge upon the 2 14 state if that placement is not in accordance with the 2 15regionalservice area plan for group foster care 2 16 established pursuant to section 232.143 for the 2 17 departmentalregionservice area in which the court is 2 18 located. 2 19 Sec. . Section 232.102, subsection 7, Code 2 20 Supplement 2003, is amended to read as follows: 2 21 7. In any order transferring custody to the 2 22 department or an agency, or in orders pursuant to a 2 23 custody order, the court shall specify the nature and 2 24 category of disposition which will serve the best 2 25 interests of the child, and shall prescribe the means 2 26 by which the placement shall be monitored by the 2 27 court. If the court orders the transfer of the 2 28 custody of the child to the department of human 2 29 services or other agency for placement, the department 2 30 or agency shall submit a case permanency plan to the 2 31 court and shall make every reasonable effort to return 2 32 the child to the child's home as quickly as possible 2 33 consistent with the best interests of the child. When 2 34 the child is not returned to the child's home and if 2 35 the child has been previously placed in a licensed 2 36 foster care facility, the department or agency shall 2 37 consider placing the child in the same licensed foster 2 38 care facility. If the court orders the transfer of 2 39 custody to a parent who does not have physical care of 2 40 the child, other relative, or other suitable person, 2 41 the court may direct the department or other agency to 2 42 provide services to the child's parent, guardian, or 2 43 custodian in order to enable them to resume custody of 2 44 the child. If the court orders the transfer of 2 45 custody to the department of human services or to 2 46 another agency for placement in group foster care, the 2 47 department or agency shall make every reasonable 2 48 effort to place the childwithin Iowa,in the least 2 49 restrictive, most family-like, and most appropriate 2 50 setting available, and in close proximity to the 3 1 parents' home, consistent with the child's best 3 2 interests and special needs, and shall consider the 3 3 placement's proximity to the school in which the child 3 4 is enrolled at the time of placement. 3 5 Sec. . Section 232.102, Code Supplement 2003, 3 6 is amended by adding the following new subsection: 3 7 NEW SUBSECTION. 13. Unless prohibited by the 3 8 court order transferring custody of the child for 3 9 placement or other court order or the department or 3 10 agency that received the custody transfer finds that 3 11 allowing the visitation would not be in the child's 3 12 best interest, the department or agency may authorize 3 13 reasonable visitation with the child by the child's 3 14 grandparent, great-grandparent, or other adult 3 15 relative who has established a substantial 3 16 relationship with the child. 3 17 Sec. . Section 232.117, subsection 4, Code 3 18 Supplement 2003, is amended to read as follows: 3 19 4. The court shall not order group foster care 3 20 placement of the child which is a charge upon the 3 21 state if that placement is not in accordance with the 3 22regionalservice area plan for group foster care 3 23 established pursuant to section 232.143 for the 3 24 departmentalregionservice area in which the court is 3 25 located. 3 26 Sec. . Section 232.127, subsection 8, Code 3 27 Supplement 2003, is amended to read as follows: 3 28 8. The court shall not order group foster care 3 29 placement of the child which is a charge upon the 3 30 state if that placement is not in accordance with the 3 31regionalservice area plan for group foster care 3 32 established pursuant to section 232.143 for the 3 33 departmentalregionservice area in which the court is 3 34 located. 3 35 Sec. . Section 232.143, Code Supplement 2003, 3 36 is amended to read as follows: 3 37 232.143REGIONALSERVICE AREA GROUP FOSTER CARE 3 38 BUDGET TARGETS. 3 39 1. A statewide expenditure target for children in 3 40 group foster care placements in a fiscal year, which 3 41 placements are a charge upon or are paid for by the 3 42 state, shall be established annually in an 3 43 appropriation bill by the general assembly.The3 44 Representatives of the department andthe judicial3 45branchjuvenile court services shall jointly develop a 3 46 formula for allocating a portion of the statewide 3 47 expenditure target established by the general assembly 3 48 to each of the department'sregionsservice areas. 3 49 The formula shall be based upon theregion'sservice 3 50 area's proportion of the state population of children 4 1 and of the statewide usage of group foster care in the 4 2 previous five completed fiscal years and upon other 4 3 indicators of need. The expenditure amount determined 4 4 in accordance with the formula shall be the group 4 5 foster care budget target for thatregionservice 4 6 area. Aregionservice area may exceeditsthe 4 7 service area's budget target for group foster care by 4 8 not more than five percent in a fiscal year, provided 4 9 the overall funding allocated by the department for 4 10 all child welfare services in theregionservice area 4 11 is not exceeded. 4 12 2. For each of the department'sregionsservice 4 13 areas, representatives appointed by the department and 4 14thejuvenile court services shall establish a plan for 4 15 containing the expenditures for children placed in 4 16 group foster care ordered by the court within the 4 17 budget target allocated to thatregionservice area 4 18 pursuant to subsection 1. The plan shall be 4 19 established in a manner so as to ensure the budget 4 20 target amount will last the entire fiscal year. The 4 21 plan shall include monthly targets and strategies for 4 22 developing alternatives to group foster care 4 23 placements in order to contain expenditures for child 4 24 welfare services within the amount appropriated by the 4 25 general assembly for that purpose. Funds for a child 4 26 placed in group foster care shall be considered 4 27 encumbered for the duration of the child's projected 4 28 or actual length of stay, whichever is applicable. 4 29 Eachregionalservice area plan shall be established 4 30 within sixty days of the date by which the group 4 31 foster care budget target for theregionservice area 4 32 is determined. To the extent possible, the department 4 33 andthejuvenile court services shall coordinate the 4 34 planning required under this subsection with planning 4 35 for services paid under section 232.141, subsection 4. 4 36 The department'sregional administratorservice area 4 37 manager shall communicate regularly, as specified in 4 38 theregionalservice area plan, with the chief 4 39 juvenilecourtscourt officers within thatregion4 40 service area concerning the current status of the 4 41regionalservice area plan's implementation. 4 42 3. State payment for group foster care placements 4 43 shall be limited to those placements which are in 4 44 accordance with theregionalservice area plans 4 45 developed pursuant to subsection 2. 4 46 Sec. . Section 232.188, subsection 4, Code 4 47 Supplement 2003, is amended to read as follows: 4 48 4. In a decategorization agreement, the department 4 49 and the county's or group of counties' 4 50 decategorization governance board shall agree on all 5 1 of the following items: the governance relationship 5 2 between the department and the decategorization 5 3 governance board; the respective areas of autonomy of 5 4 the department and the board; the budgeting structure 5 5 for the decategorization; and a method for resolving 5 6 disputes between the department and the board. The 5 7 decategorization agreement shall require the 5 8 department and the decategorization governance board 5 9 to agree upon a budget within sixty days of the date 5 10 by which theregionalgroup foster care budget targets 5 11 are determined for departmental service areas under 5 12 section 232.143 for the fiscal year to which the 5 13 budget applies. The budget may later be modified to 5 14 reflect new or changed circumstances. 5 15 Sec. . Section 234.35, subsection 1, paragraph 5 16 e, Code Supplement 2003, is amended to read as 5 17 follows: 5 18 e. When a court has entered an order transferring 5 19 the legal custody of the child to a foster care 5 20 placement pursuant to section 232.52, subsection 2, 5 21 paragraph "d", or section 232.102, subsection 1. 5 22 However, payment for a group foster care placement 5 23 shall be limited to those placements which conform to 5 24 aregionalservice area group foster care plan 5 25 established pursuant to section 232.143. 5 26 Sec. . Section 235B.1, subsection 4, paragraph 5 27 a, subparagraph (1), Code 2003, is amended to read as 5 28 follows: 5 29 (1) Advise the director of human servicesand the5 30administrator of the division of child and family5 31services of the department of human services, the 5 32 director of elder affairs, the director of inspections 5 33 and appeals, the director of public health, the 5 34 director of the department of corrections, and the 5 35 director of human rights regarding dependent adult 5 36 abuse." 5 37 #2. By striking page 1, line 3, through page 2, 5 38 line 2, and inserting the following: 5 39 "2. All of the following persons shall report5 40suspected dependent adult abuse to the department:5 41a. A social worker.5 42b. A certified psychologist.5 43c.2. A person who, in the course of employment, 5 44 examines, attends, counsels, or treats a dependent 5 45 adult and reasonably believes the dependent adult has 5 46 suffered abuse, shall report the suspected dependent 5 47 adult abuse to the department including all of the 5 48 following: 5 49(1)a. A member of the staff of a community 5 50 mental health center, a member of the staff of a 6 1 hospital, a member of the staff or employee of a 6 2 public or private health care facility as defined in 6 3 section 135C.1, a member of the staff or employee of 6 4 an elder group home as defined in section 231B.1, a 6 5 member of the staff or employee of an assisted living 6 6 program certified under section 231C.3, and a member 6 7 of the staff or employee of an adult day services 6 8 program as defined in section 231D.1. 6 9(2)b. A peace officer. 6 10(3)c. An in-home homemaker-home health aide. 6 11(4)d. An individual employed as an outreach 6 12 person. 6 13(5)e. A health practitioner, as defined in 6 14 section 232.68. 6 15(6)f. A member of the staff or an employee of a 6 16 supported community living service, sheltered 6 17 workshop, or work activity center. 6 18 g. A social worker. 6 19 h. A certified psychologist. 6 20d. A person who performs inspections of elder6 21group homes for the department of inspections and6 22appeals and a resident advocate committee member6 23assigned to an elder group home pursuant to chapter6 24231B.6 25 3. a. If a staff member or employee is required 6 26 to report pursuant to this section, the person shall 6 27 immediately notify the department and shall also 6 28 immediately notify the person in charge or the 6 29 person's designated agent, and the person in charge or6 30the designated agent shall make the report by the end6 31of the next business day. 6 32 b. The employer or supervisor of a person who is 6 33 required to or may make a report pursuant to this 6 34 section shall not apply a policy, work rule, or other 6 35 requirement that interferes with the person making a 6 36 report of dependent adult abuse or that results in the 6 37 failure of another person to make the report." 6 38 #3. Page 2, by inserting before line 3, the 6 39 following: 6 40 "Sec. . Section 235B.3, Code Supplement 2003, 6 41 is amended by adding the following new subsection: 6 42 NEW SUBSECTION. 3A. An employee of a financial 6 43 institution may report suspected financial 6 44 exploitation of a dependent adult to the department." 6 45 #4. Page 2, by inserting before line 3 the 6 46 following: 6 47 "Sec. . Section 237.5A, Code 2003, is amended 6 48 by adding the following new unnumbered paragraph: 6 49 NEW UNNUMBERED PARAGRAPH. A licensee who is unable 6 50 to complete six hours of foster parent training prior 7 1 to annual licensure renewal because the licensee is 7 2 engaged in active duty in the military service shall 7 3 be considered to be in compliance with the training 7 4 requirement for annual licensure renewal." 7 5 #5. By striking page 3, line 27, through page 4, 7 6 line 22, and inserting the following: 7 7 "Sec. . Section 235A.15, subsection 10, if 7 8 enacted by 2004 Iowa Acts, House File 2328, section 7, 7 9 is amended to read as follows: 7 10 10. The information released by the director of 7 11 human services or the director's designee pursuant to 7 12 a request made under subsection 9 relating to a case 7 13 of founded child abuse involving a fatality or near 7 14 fatality to a child shallbe a summary ofinclude all 7 15 of the following, unless such information is excepted 7 16 from disclosure under subsection 9: 7 17 a. Any relevant child abusereport data7 18 information concerning the child or the child's family 7 19 and the department's response and findingsconcerning7 20the report data, including but not limited to7 21assessment and disposition data. 7 22 b.InformationA summary of information, that 7 23 would otherwise be confidential under section 217.30, 7 24 as to whether or not the child or a member of the 7 25 child's family was utilizing social services provided 7 26 by the department at the time of the child fatality or 7 27 near fatality or within the five-year period preceding 7 28 the fatality or near fatality. 7 29 c. Any recommendations made by the department to 7 30 the county attorney or the juvenile court. 7 31 d. If applicable, a summary of an evaluation of 7 32 the department's responses in the case. 7 33 Sec. . CHILD DEVELOPMENT HOMES – PROVIDER 7 34 QUALIFICATIONS. The department of human services 7 35 shall revise the department's standards for child 7 36 development home provider qualifications under 7 37 category "C" which are applicable at times when more 7 38 than one qualified provider must be present. The 7 39 revised standards shall provide that one of the 7 40 providers required to be present must meet the 7 41 provider qualifications for category "C" and allow any 7 42 other providers required to be present to meet the 7 43 provider qualifications for either category "B" or 7 44 "C". Until the revised standards are adopted, a 7 45 provider to which the revised standards would be 7 46 applicable may request approval from the department 7 47 for an exception to policy for the provider to operate 7 48 under the revised standards as described in this 7 49 section prior to adoption of the revised standards." 7 50 #6. Title page, by striking lines 2 and 3 and 8 1 inserting the following: "the department of human 8 2 services." 8 3 #7. By renumbering as necessary. 8 4 HF 2390S 8 5 pf/cc/26
Text: H08553 Text: H08555 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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