Text: HF00456 Text: HF00458 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 457 1 2 1 3 AN ACT 1 4 EXPANDING REQUIREMENTS FOR THE TRANSITION OF AN INDIVIDUAL 1 5 FROM THE CHILD WELFARE SERVICES SYSTEM TO ADULTHOOD. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 232.2, subsection 4, paragraph f, Code 1 10 2003, is amended to read as follows: 1 11 f. (1) When a child is sixteen years of age or older, a 1 12 written transition plan of services which, based upon an 1 13 assessment of the child's needs, would assist the child in 1 14 preparing for the transition from foster care toindependent1 15livingadulthood. The written plan of services and needs 1 16 assessment shall be developed with any person who may 1 17 reasonably be expected to be a service provider for the child 1 18 when the child becomes an adult or to become responsible for 1 19 the costs of services at that time, including but not limited 1 20 to the administrator of county general relief under chapter 1 21 251 or 252 or of the single entry point process implemented 1 22 under section 331.440. If the child is interested in pursuing 1 23 higher education, the plan shall provide for the child's 1 24 participation in the college student aid commission's program 1 25 of assistance in applying for federal and state aid under 1 26 section 261.2. 1 27 (2) If the needs assessment indicates the child is 1 28 reasonably likely to need or be eligible for services or other 1 29 support from the adult service system upon reaching age 1 30 eighteen, the transition plan shall be reviewed and approved 1 31 by the transition committee for the area in which the child 1 32 resides, in accordance with section 235.7, before the child 1 33 reaches age seventeen and one-half. The transition 1 34 committee's review and approval shall be indicated in the case 1 35 permanency plan. 2 1 Sec. 2. Section 232.2, subsection 22, paragraph b, Code 2 2 2003, is amended by adding the following new subparagraph: 2 3 NEW SUBPARAGRAPH. (7) If the child is required to have a 2 4 transition plan developed in accordance with the child's case 2 5 permanency plan and subject to review and approval of a 2 6 transition committee under section 235.7, assisting the 2 7 transition committee in development of the transition plan. 2 8 Sec. 3. Section 232.2, subsection 22, Code 2003, is 2 9 amended by adding the following new paragraph: 2 10 NEW PARAGRAPH. d. If authorized by the court, a guardian 2 11 ad litem may continue a relationship with and provide advice 2 12 to a child for a period of time beyond the child's eighteenth 2 13 birthday. 2 14 Sec. 4. Section 232.52, subsection 6, unnumbered paragraph 2 15 2, Code 2003, is amended to read as follows: 2 16 When the court orders the transfer of legal custody of a 2 17 child pursuant to subsection 2, paragraph "d", and the child 2 18 is sixteen years of age or older, the order shall specify the 2 19 services needed to assist the child in preparing for the 2 20 transition from foster care toindependent livingadulthood. 2 21 If the child has a case permanency plan, the court shall 2 22 consider the written transition plan of services and needs 2 23 assessment developed for the child's case permanency plan. If 2 24 the child does not have a case permanency plan containing the 2 25writtentransition plan and needs assessment at the time the 2 26 transfer order is entered,in determing the services to be2 27specified in the order, the court shall consider athe written 2 28 transition planfor such servicesandaneeds assessmentwhich2 29 shall be developedwith any person who may reasonably be2 30expected to be a service provider for the child or to become2 31responsible for the costs of services at that time, including2 32but not limited to the administrator of county general relief2 33under chapter 251 or 252 or of the single entry point process2 34implemented under section 331.440and submitted for the 2 35 court's consideration no later than six months from the date 3 1 of the transfer order.If the child is interested in pursuing3 2higher education, the plan shall provide for the child's3 3participation in the college student aid commission's program3 4of assistance in applying for federal and state aid under3 5section 261.2.The court shall modify the initial transfer 3 6 order as necessary to specify the services needed to assist 3 7 the child in preparing for the transition from foster care to 3 8 adulthood. If the transition plan identifies services or 3 9 other support needed to assist the child when the child 3 10 becomes an adult and the court deems it to be beneficial to 3 11 the child, the court may authorize the individual who is the 3 12 child's guardian ad litem or court appointed special advocate 3 13 to continue a relationship with and provide advice to the 3 14 child for a period of time beyond the child's eighteenth 3 15 birthday. 3 16 Sec. 5. Section 232.102, subsection 1, unnumbered 3 17 paragraph 2, Code 2003, is amended to read as follows: 3 18 If the child is sixteen years of age or older, the order 3 19 shall specify the services needed to assist the child in 3 20 preparing for the transition from foster care toindependent3 21livingadulthood. If the child has a case permanency plan, 3 22 the court shall consider the written transition plan of 3 23 services and needs assessment developed for the child's case 3 24 permanency plan. If the child does not have a case permanency 3 25 plan containing thewrittentransition plan and needs 3 26 assessment at the time the order is entered,in determining3 27the services to be specified in the order, the court shall3 28consider athe written transition planfor such servicesanda3 29 needs assessmentwhichshall be developedwith any person who3 30may reasonably be expected to be a service provider for the3 31child or to become responsible for the costs of services at3 32that time, including but not limited to the administrator of3 33county general relief under chapter 251 or 252 or of the3 34single entry point process implemented under section 331.4403 35 and submitted for the court's consideration no later than six 4 1 months from the date of the transfer order. The court shall 4 2 modify the initial transfer order as necessary to specify the 4 3 services needed to assist the child in preparing for the 4 4 transition from foster care to adulthood. If the transition 4 5 plan identifies services or other support needed to assist the 4 6 child when the child becomes an adult and the court deems it 4 7 to be beneficial to the child, the court may authorize the 4 8 individual who is the child's guardian ad litem or court 4 9 appointed special advocate to continue a relationship with and 4 10 provide advice to the child for a period of time beyond the 4 11 child's eighteenth birthday. 4 12 Sec. 6. Section 232.103, subsection 3, Code 2003, is 4 13 amended to read as follows: 4 14 3. A change in the level of care for a child who is 4 15 subject to a dispositional order for out-of-home placement 4 16 requires modification of the dispositional order. A hearing 4 17 shall be held on a motion to terminate or modify a 4 18 dispositional order except that a hearing on a motion to 4 19 terminate an order may be waived upon agreement by all 4 20 parties. Reasonable notice of the hearing shall be given to 4 21 the parties. The hearing shall be conducted in accordance 4 22 with the provisions of section 232.50. 4 23 Sec. 7. Section 232.127, Code 2003, is amended by adding 4 24 the following new subsection: 4 25 NEW SUBSECTION. 10. If the child is sixteen years of age 4 26 or older and an order for an out-of-home placement is entered, 4 27 the order shall specify the services needed to assist the 4 28 child in preparing for the transition from foster care to 4 29 adulthood. If the child has a case permanency plan, the court 4 30 shall consider the written transition plan of services and 4 31 needs assessment developed for the child's case permanency 4 32 plan. If the child does not have a case permanency plan 4 33 containing the transition plan and needs assessment at the 4 34 time the order is entered, the written transition plan and 4 35 needs assessment shall be developed and submitted for the 5 1 court's consideration no later than six months from the date 5 2 of the transfer order. The court shall modify the initial 5 3 transfer order as necessary to specify the services needed to 5 4 assist the child in preparing for the transition from foster 5 5 care to adulthood. If the transition plan identifies services 5 6 or other support needed to assist the child when the child 5 7 becomes an adult and the court deems it to be beneficial to 5 8 the child, the court may authorize the individual who is the 5 9 child's guardian ad litem or court appointed special advocate 5 10 to continue a relationship with and provide advice to the 5 11 child for a period of time beyond the child's eighteenth 5 12 birthday. 5 13 Sec. 8. Section 232.183, subsection 5, Code 2003, is 5 14 amended by adding the following new paragraph: 5 15 NEW PARAGRAPH. d. If the child is sixteen years of age or 5 16 older, the order shall specify the services needed to assist 5 17 the child in preparing for the transition from foster care to 5 18 adulthood. If the child has a case permanency plan, the court 5 19 shall consider the written transition plan of services and 5 20 needs assessment developed for the child's case permanency 5 21 plan. If the child does not have a case permanency plan 5 22 containing the transition plan and needs assessment at the 5 23 time the order is entered, the transition plan and needs 5 24 assessment shall be developed and submitted for the court's 5 25 consideration no later than six months from the date of the 5 26 transfer order. The court shall modify the initial transfer 5 27 order as necessary to specify the services needed to assist 5 28 the child in preparing for the transition from foster care to 5 29 adulthood. If the transition plan identifies services or 5 30 other support needed to assist the child when the child 5 31 becomes an adult and the court deems it to be beneficial to 5 32 the child, the court may authorize the individual who is the 5 33 child's guardian ad litem or court appointed special advocate 5 34 to continue a relationship with and provide advice to the 5 35 child for a period of time beyond the child's eighteenth 6 1 birthday. 6 2 Sec. 9. Section 234.35, Code 2003, is amended by adding 6 3 the following new subsection: 6 4 NEW SUBSECTION. 4. The department shall report annually 6 5 to the governor and general assembly by January 1 on the 6 6 numbers of children for whom the state paid for independent 6 7 living services during the immediately preceding fiscal year. 6 8 The report shall detail the number of children, by county, who 6 9 received such services, were discharged from such services, 6 10 the voluntary or involuntary status of such services, and the 6 11 reasons for discharge. The department shall assess the report 6 12 data as part of any evaluation of independent living services 6 13 or consideration for improving the services. 6 14 Sec. 10. NEW SECTION. 235.7 TRANSITION COMMITTEES. 6 15 1. COMMITTEES ESTABLISHED. The department of human 6 16 services shall establish and maintain local transition 6 17 committees to address the transition needs of those children 6 18 receiving child welfare services who are age sixteen or older 6 19 and have a case permanency plan as defined in section 232.2. 6 20 The department shall adopt rules establishing criteria for 6 21 transition committee membership, operating policies, and basic 6 22 functions. The rules shall provide flexibility for a 6 23 committee to adopt protocols and other procedures appropriate 6 24 for the geographic area addressed by the committee. 6 25 2. MEMBERSHIP. The department may authorize the 6 26 governance boards of child welfare funding decategorization 6 27 projects established under section 232.188 to appoint the 6 28 transition committee membership and may utilize the boundaries 6 29 of decategorization projects to establish the service areas 6 30 for transition committees. The committee membership may 6 31 include but is not limited to department of human services 6 32 staff involved with foster care, child welfare, and adult 6 33 services, juvenile court services staff, staff involved with 6 34 county general relief under chapter 251 or 252, or of the 6 35 single entry point process implemented under section 331.440, 7 1 school district and area education agency staff involved with 7 2 special education, and a child's court appointed special 7 3 advocate, guardian ad litem, service providers, and other 7 4 persons knowledgeable about the child. 7 5 3. DUTIES. A transition committee shall review and 7 6 approve the written plan of services required for the child's 7 7 case permanency plan in accordance with section 232.2, 7 8 subsection 4, paragraph "f", which, based upon an assessment 7 9 of the child's needs, would assist the child in preparing for 7 10 the transition from foster care to adulthood. In addition, a 7 11 transition committee shall identify and act to address any 7 12 gaps existing in the services or other support available to 7 13 meet the child and adult needs of individuals for whom service 7 14 plans are approved. 7 15 7 16 7 17 7 18 CHRISTOPHER C. RANTS 7 19 Speaker of the House 7 20 7 21 7 22 7 23 MARY E. KRAMER 7 24 President of the Senate 7 25 7 26 I hereby certify that this bill originated in the House and 7 27 is known as House File 457, Eightieth General Assembly. 7 28 7 29 7 30 7 31 MARGARET THOMSON 7 32 Chief Clerk of the House 7 33 Approved , 2003 7 34 7 35 8 1 8 2 THOMAS J. VILSACK 8 3 Governor
Text: HF00456 Text: HF00458 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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