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Senate File 215

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.52, subsection 2A, Code 2003, is
  1  2 amended to read as follows:
  1  3    2A.  a.  Notwithstanding subsection 2, except for orders
  1  4 entered in accordance with paragraph "b", the court shall not
  1  5 order group foster care placement of the child which is a
  1  6 charge upon the state if that placement is not in accordance
  1  7 with the regional plan for group foster care established
  1  8 pursuant to section 232.143 for the departmental region in
  1  9 which the court is located.
  1 10    b.  The court shall be notified whenever a waiting list is
  1 11 implemented for group foster care placements in the area of
  1 12 the court's jurisdiction.  If a waiting list has been
  1 13 implemented, the court shall identify the extent of any harm
  1 14 that the child may be at risk of experiencing as a result of
  1 15 delay in the child's placement due to implementation of the
  1 16 waiting list.  If the court determines that the child is at
  1 17 risk of experiencing significant harm due to the delay in
  1 18 placement, the court may order the child's immediate
  1 19 placement.
  1 20    Sec. 2.  Section 232.102, subsection 1A, Code 2003, is
  1 21 amended to read as follows:
  1 22    1A.  a.  The Except for orders entered in accordance with
  1 23 paragraph "b", the court shall not order group foster care
  1 24 placement of the child which is a charge upon the state if
  1 25 that placement is not in accordance with the regional plan for
  1 26 group foster care established pursuant to section 232.143 for
  1 27 the departmental region in which the court is located.
  1 28    b.  The court shall be notified whenever a waiting list is
  1 29 implemented for group foster care placements in the area of
  1 30 the court's jurisdiction.  If a waiting list has been
  1 31 implemented, the court shall identify the extent of any harm
  1 32 that the child may be at risk of experiencing as a result of
  1 33 delay in the child's placement due to implementation of the
  1 34 waiting list.  If the court determines that the child is at
  1 35 risk of experiencing significant harm due to the delay in
  2  1 placement, the court may order the child's immediate
  2  2 placement.
  2  3    Sec. 3.  Section 232.117, subsection 4, Code 2003, is
  2  4 amended to read as follows:
  2  5    4.  a.  The Except for orders entered in accordance with
  2  6 paragraph "b", the court shall not order group foster care
  2  7 placement of the child which is a charge upon the state if
  2  8 that placement is not in accordance with the regional plan for
  2  9 group foster care established pursuant to section 232.143 for
  2 10 the departmental region in which the court is located.
  2 11    b.  The court shall be notified whenever a waiting list is
  2 12 implemented for group foster care placements in the area of
  2 13 the court's jurisdiction.  If a waiting list has been
  2 14 implemented, the court shall identify the extent of any harm
  2 15 that the child may be at risk of experiencing as a result of
  2 16 delay in the child's placement due to implementation of the
  2 17 waiting list.  If the court determines that the child is at
  2 18 risk of experiencing significant harm due to the delay in
  2 19 placement, the court may order the child's immediate
  2 20 placement.
  2 21    Sec. 4.  Section 232.127, subsection 8, Code 2003, is
  2 22 amended to read as follows:
  2 23    8.  a.  The Except for orders entered in accordance with
  2 24 paragraph "b", the court shall not order group foster care
  2 25 placement of the child which is a charge upon the state if
  2 26 that placement is not in accordance with the regional plan for
  2 27 group foster care established pursuant to section 232.143 for
  2 28 the departmental region in which the court is located.
  2 29    b.  The court shall be notified whenever a waiting list is
  2 30 implemented for group foster care placements in the area of
  2 31 the court's jurisdiction.  If a waiting list has been
  2 32 implemented, the court shall identify the extent of any harm
  2 33 that the child may be at risk of experiencing as a result of
  2 34 delay in the child's placement due to implementation of the
  2 35 waiting list.  If the court determines that the child is at
  3  1 risk of experiencing significant harm due to the delay in
  3  2 placement, the court may order the child's immediate
  3  3 placement.
  3  4    Sec. 5.  Section 232.143, subsection 3, Code 2003, is
  3  5 amended to read as follows:
  3  6    3.  State payment for group foster care placements shall be
  3  7 limited to those placements which are in accordance with the
  3  8 regional plans developed pursuant to subsection 2 or are made
  3  9 by a court for immediate placement of a child determined to be
  3 10 at risk of experiencing significant harm when a waiting list
  3 11 has been implemented.
  3 12    Sec. 6.  Section 234.35, subsection 1, paragraph e, Code
  3 13 2003, is amended to read as follows:
  3 14    e.  When a court has entered an order transferring the
  3 15 legal custody of the child to a foster care placement pursuant
  3 16 to section 232.52, subsection 2, paragraph "d", or section
  3 17 232.102, subsection 1.  However, payment for a group foster
  3 18 care placement shall be limited to those placements which
  3 19 conform to a regional group foster care plan established
  3 20 pursuant to section 232.143 or are made by a court for
  3 21 immediate placement of a child determined to be at risk of
  3 22 experiencing significant harm when a waiting list has been
  3 23 implemented.
  3 24    Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of
  3 25 immediate importance, takes effect upon enactment.  
  3 26                           EXPLANATION
  3 27    This bill authorizes court-ordered exceptions to the
  3 28 regional group foster care targets under certain
  3 29 circumstances.
  3 30    Current law prohibits placement of a child in group foster
  3 31 care unless the placement conforms to the regional group
  3 32 foster plan in place for the area.  This requirement applies
  3 33 to court-ordered placements made under the following Code
  3 34 sections:  232.52, relating to juvenile delinquency; 232.102,
  3 35 relating to a child in need of assistance; 232.117, relating
  4  1 to termination of parental rights; and 232.127, relating to
  4  2 families in need of assistance.  In addition, the requirement
  4  3 applies in Code sections 232.143, relating to regional group
  4  4 foster care targets and 234.35, relating to when the state
  4  5 pays for foster care placements.
  4  6    Those Code sections are amended to require the court to be
  4  7 notified when a waiting list for group foster care placements
  4  8 is implemented.  If a waiting list is implemented, the court
  4  9 must make a determination of the harm that a child may be at
  4 10 risk of experiencing from a placement delay due to imposition
  4 11 of the waiting list.  If the court determines the child is at
  4 12 risk of experiencing significant harm due to the placement
  4 13 delay, the court may order the child's immediate placement in
  4 14 group foster care.
  4 15    Code sections 232.143 and 234.35 are amended to provide
  4 16 that the state shall pay for the immediate placements made in
  4 17 accordance with the requirements outlined in the bill.
  4 18    The bill takes effect upon enactment.  
  4 19 LSB 2272SS 80
  4 20 jp/pj/5
     

Text: SF00214                           Text: SF00216
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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