Text: SF02087 Text: SF02089 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.52, subsection 2, paragraph d, 1 2 subparagraph (1), Code Supplement 2003, is amended to read as 1 3 follows: 1 4 (1) An adult relative or other suitable adult and placing 1 5 the child on probation. A person providing placement options 1 6 or recommendations to the court shall give first preference to 1 7 placement of the child with an adult relative before 1 8 considering other out-of-home placement options. If placement 1 9 of the child with an adult relative is not recommended as the 1 10 preferred option, based upon the child's best interest, the 1 11 person making the placement recommendation shall provide 1 12 reasons why placement with a relative is not recommended and 1 13 why another option is preferred. 1 14 Sec. 2. Section 232.58, subsection 3, paragraph d, Code 1 15 2003, is amended by adding the following new unnumbered 1 16 paragraph: 1 17 NEW UNNUMBERED PARAGRAPH. A person providing placement 1 18 options or recommendations to the court shall give first 1 19 preference to placement of the child with an adult relative 1 20 before considering other out-of-home placement options. If 1 21 placement of the child with an adult relative is not 1 22 recommended as the preferred option, based upon the child's 1 23 best interest, the person making the placement recommendation 1 24 shall provide reasons why placement with a relative is not 1 25 recommended and why another option is preferred. 1 26 Sec. 3. Section 232.79A, Code 2003, is amended to read as 1 27 follows: 1 28 232.79A CHILDREN WITHOUT ADULT SUPERVISION. 1 29 If a peace officer determines that a child does not have 1 30 adult supervision because the child's parent, guardian, or 1 31 other person responsible for the care of the child has been 1 32 arrested and detained or has been unexpectedly incapacitated, 1 33 and thatnoan adult who is legally responsible for the care 1 34 of the childcancannot be located within a reasonable period 1 35 of time, the peace officer shall first attempt to place the 2 1 child with an adult relative of the child, and then with an 2 2 adult person who cares for the child,or another adult person 2 3 who is known to the child. The person with whom the child is 2 4 placed is authorized to give consent for emergency medical 2 5 treatment of the child and shall not be held liable for any 2 6 action arising from giving the consent. Upon the request of 2 7 the peace officer, the department shall assist in making the 2 8 placement. The placement shall not exceed a period of twenty- 2 9 four hours and shall be terminated when a person who is 2 10 legally responsible for the care of the child is located and 2 11 takes custody of the child. If a person who is legally 2 12 responsible for the care of the child cannot be located within 2 13 the twenty-four hour period or a placement in accordance with 2 14 this section is unavailable, the provisions of section 232.79 2 15 shall apply. If the person with whom the child is placed 2 16 charges a fee for the care of the child, the fee shall be paid 2 17 from funds provided in the appropriation to the department for 2 18 protective child care. 2 19 Sec. 4. Section 232.102, subsection 1, paragraph a, Code 2 20 Supplement 2003, is amended to read as follows: 2 21 a. A parent who does not have physical care of the child, 2 22 other relative, or other suitable person. A person providing 2 23 placement options or recommendations to the court shall give 2 24 first preference to placement of the child with an adult 2 25 relative before considering other out-of-home placement 2 26 options. If placement of the child with an adult relative is 2 27 not recommended as the preferred option, based upon the 2 28 child's best interest, the person making the placement 2 29 recommendation shall provide reasons why placement with a 2 30 relative is not recommended and why another option is 2 31 preferred. 2 32 Sec. 5. Section 232.104, subsection 2, paragraph d, Code 2 33 2003, is amended by adding the following new unnumbered 2 34 paragraph: 2 35 NEW UNNUMBERED PARAGRAPH. A person providing placement 3 1 options or recommendations to the court shall give first 3 2 preference to placement of the child with an adult relative 3 3 before considering other out-of-home placement options. If 3 4 placement of the child with an adult relative is not 3 5 recommended as the preferred option, based upon the child's 3 6 best interest, the person making the placement recommendation 3 7 shall provide reasons why placement with a relative is not 3 8 recommended and why another option is preferred. 3 9 Sec. 6. Section 232.117, subsection 3, paragraph c, Code 3 10 Supplement 2003, is amended to read as follows: 3 11 c. A parent who does not have physical care of the child, 3 12 other relative, or other suitable person. A person providing 3 13 placement options or recommendations to the court shall give 3 14 first preference to placement of the child with an adult 3 15 relative before considering other placement options. If 3 16 placement of the child with an adult relative is not 3 17 recommended as the preferred option, based upon the child's 3 18 best interest, the person making the placement recommendation 3 19 shall provide reasons why placement with a relative is not 3 20 recommended and why another option is preferred. 3 21 EXPLANATION 3 22 This bill provides a preference for out-of-home placement 3 23 of children with relatives. The bill requires a person 3 24 providing placement options or recommendations to the court to 3 25 give first preference to placing the child with an adult 3 26 relative before considering other options. 3 27 If, based upon the child's best interest, placement of the 3 28 child with an adult relative is not recommended as the 3 29 preferred option, the person making the recommendation must 3 30 provide reasons why placement with a relative is not 3 31 recommended and why another option is preferred. The bill 3 32 inserts this requirement in these placement sections in Code 3 33 chapter 232, the juvenile justice code: Code section 232.52, 3 34 relating to disposition of a child found to have committed a 3 35 delinquent act; Code section 232.58, relating to permanency 4 1 hearings for adjudicated delinquent children in an out-of-home 4 2 placement; Code section 232.102, relating to transfer of legal 4 3 custody and placement of a child found to be in need of 4 4 assistance; Code section 232.104, relating to permanency 4 5 hearings for children adjudicated as a child in need of 4 6 assistance and placed in an out-of-home placement; and Code 4 7 section 232.117, relating to termination of parental rights. 4 8 In addition, the bill amends Code section 232.79A, relating 4 9 to placement of a child found without adult supervision, to 4 10 require a peace officer to first attempt placement of the 4 11 child with an adult relative, and then with an adult person 4 12 who cares for the child or another adult person who is known 4 13 to the child. 4 14 LSB 5207SS 80 4 15 jp/pj/5
Text: SF02087 Text: SF02089 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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