Text: SF02138 Text: SF02140 Text: SF02100 - SF02199 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, Code 1 2 Supplement 2003, is amended by adding the following new 1 3 unnumbered paragraph: 1 4 NEW UNNUMBERED PARAGRAPH. If the child-placing agency, 1 5 private agency, facility, or department places the child in 1 6 family foster care with a person who is not a relative of the 1 7 child, the placement shall require approval of the court that 1 8 issued the order. Within ten business days of making the 1 9 placement with a nonrelative, the agency, facility, or 1 10 department shall submit a written report to the court 1 11 describing the actions taken to place the child with a 1 12 relative and explaining why placement of the child with a 1 13 relative was not feasible or was not in the child's best 1 14 interest. A relative of the child who desires placement of 1 15 the child with the relative may request that the agency, 1 16 facility, or department reconsider the placement decision or 1 17 may appeal to the court for review of the decision to place 1 18 the child with a nonrelative. If determined to be in the 1 19 child's best interest, the court may confirm the placement, 1 20 modify the custody order, vacate and substitute the custody 1 21 order, or order the agency, facility, or department to 1 22 reconsider the placement decision and place the child with the 1 23 relative or another appropriate person. 1 24 Sec. 2. Section 232.102, subsection 1, Code Supplement 1 25 2003, is amended by adding the following new unnumbered 1 26 paragraph: 1 27 NEW UNNUMBERED PARAGRAPH. If the child-placing agency, 1 28 private agency, facility, institution, or department places 1 29 the child in family foster care with a person who is not a 1 30 relative of the child, the placement shall require approval of 1 31 the court that issued the order. Within ten business days of 1 32 making the placement with a nonrelative, the agency, facility, 1 33 institution, or department shall submit a written report to 1 34 the court describing the actions taken to place the child with 1 35 a relative and explaining why placement of the child with a 2 1 relative was not feasible or was not in the child's best 2 2 interest. A relative of the child who desires placement of 2 3 the child with the relative may request that the agency, 2 4 facility, institution, or department reconsider the placement 2 5 decision or may appeal to the court for review of the decision 2 6 to place the child with a nonrelative. If determined to be in 2 7 the child's best interest, the court may confirm the 2 8 placement, modify the custody order, vacate and substitute the 2 9 custody order, or order the agency, facility, institution, or 2 10 department to reconsider the placement decision and place the 2 11 child with the relative or another appropriate person. 2 12 Sec. 3. Section 232.117, subsection 3, Code Supplement 2 13 2003, is amended by adding the following new unnumbered 2 14 paragraph: 2 15 NEW UNNUMBERED PARAGRAPH. If the child-placing agency, 2 16 private agency, facility, institution, or department places 2 17 the child in family foster care with a person who is not a 2 18 relative of the child, the placement shall require approval of 2 19 the court that issued the order. Within ten business days of 2 20 making the placement with a nonrelative, the agency, facility, 2 21 institution, or department shall submit a written report to 2 22 the court describing the actions taken to place the child with 2 23 a relative and explaining why placement of the child with a 2 24 relative was not feasible or was not in the child's best 2 25 interest. A relative of the child who desires placement of 2 26 the child with the relative may request that the agency, 2 27 facility, institution, or department reconsider the placement 2 28 decision or may appeal to the court for review of the decision 2 29 to place the child with a nonrelative. If determined to be in 2 30 the child's best interest, the court may confirm the 2 31 placement, modify the custody order, vacate and substitute the 2 32 custody order, or order the agency, facility, institution, or 2 33 department to reconsider the placement decision and place the 2 34 child with the relative or another appropriate person. 2 35 EXPLANATION 3 1 This bill relates to out-of-home placement of children with 3 2 a relative under Code chapter 232, the juvenile justice code. 3 3 Under the juvenile justice code, an out-of-home placement 3 4 of a child is subject to an order by the juvenile court. The 3 5 bill addresses the out-of-home-placement provisions in these 3 6 Code sections: Code section 232.52, relating to disposition 3 7 of a child found to have committed a delinquent act; Code 3 8 section 232.102, relating to transfer of custody and placement 3 9 of a child found to be in need of assistance; and Code section 3 10 232.117, relating to disposition of a child upon termination 3 11 of parental rights. 3 12 The bill addresses a court order transferring custody of 3 13 the child for placement by a child-placing agency, private 3 14 agency, facility, institution, or department of human 3 15 services. If the child is not placed with a relative, the 3 16 placement must be approved by the court that issued the order. 3 17 The agency, facility, institution, or department must submit a 3 18 report to the court within 10 business days describing the 3 19 actions taken to place the child with a relative and 3 20 explaining why placement of the child with a relative was not 3 21 feasible or was not in the child's best interest. 3 22 The bill authorizes a relative of the child who desires 3 23 placement of the child with the relative to request that the 3 24 agency, facility, institution, or department reconsider the 3 25 placement decision or to appeal to the court for review of the 3 26 decision to place the child with a nonrelative. If determined 3 27 to be in the child's best interest, the court may confirm the 3 28 placement, modify the custody order, vacate and substitute the 3 29 custody order, or order the agency, facility, institution, or 3 30 department to reconsider the placement decision and place the 3 31 child with the relative or another appropriate person. 3 32 LSB 5683XS 80 3 33 jp/sh/8
Text: SF02138 Text: SF02140 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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