1997 SUMMARY OF LEGISLATION

CHILDREN AND YOUTH

CHILDREN AND YOUTH

SENATE FILE 123 - Runaway Children (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides for the development of county plans to address problems regarding chronic runaway children. The Act defines a chronic runaway as a runaway who is reported to law enforcement as a runaway more than once in any month or three or more times in any 12 consecutive months. The Act authorizes a peace officer to take a juvenile into custody to determine whether the juvenile should be returned home or placed in shelter care in a runaway assessment and counseling center. A county may develop a plan to address the problems of runaways in the county. The plan is to identify the problems that exist within the county and specific solutions to be implemented, including the development of a runaway assessment and counseling center.
A runaway assessment and treatment center, if established, is to provide services to assess and address the problem or problems causing a juvenile to run away from home. Any center established is required to meet, at a minimum, the requirements established in Code Chapter 237 for providing child foster care. A juvenile may not be held in a center for more than 48 hours. Prior to the juvenile being released from the center, the juvenile and the juvenile's parents are to have a counseling session to identify and develop a plan to address the problem or problems causing the child to run away. Failure of a parent, guardian or custodian to attend counseling or to take custody of the child at the end of placement at the center may lead to the filing of a child in need of assistance petition.

SENATE FILE 176 - Child Sexual Abuse Reporting (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act requires mandatory reporters of child abuse to also report sexual abuse of a child who is under 12 years of age, which would otherwise be defined as child abuse except that the abuse resulted from acts or omissions of a person other than a person responsible for the care of the child. The Act also authorizes a mandatory reporter to report sexual abuse by this type of perpetrator of a child who is 12 years of age or older.
Under Iowa's child abuse law, a finding of child abuse requires that the abuse result from the acts or omissions of a "person responsible for the care of a child," which is defined to include a parent, guardian, foster parent, child care provider, or other person who assumes care or supervision of a child. The sexual abuse required to be reported under the Act includes sexual abuse under Code Chapter 709, incest, involvement in prostitution, or sexual exploitation of a minor.
Under the Act, the Department of Human Services is to refer reports of sexual abuse of a child, which results from the acts or omissions of a person other than a person responsible for the care of a child, to an appropriate law enforcement agency. The referral must be made orally, as soon as practicable, and in writing within 72 hours of receiving the report. Because the Code section amended in this Act is repealed by an Act relating to child abuse assessment, S.F. 230, this provision of the Act is stricken by H.F. 698, but the substance of the provision is included in H.F. 698.

SENATE FILE 230 - Child Abuse Assessments (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to assessments performed by the Department of Human Services (DHS) in response to reports of child abuse. See also H.F. 698, which relates to placement of information on the child abuse registry following an investigation or assessment of a report of child abuse.
Under prior law, Iowa Code Section 232.71A required DHS, in five pilot project areas of the state, upon receiving a child abuse report, to perform a child abuse assessment in lieu of an investigation. Division I of the Act directs DHS to incrementally expand the assessment-based approach to additional areas to ensure the assessment-based approach is used throughout the state by July 1, 1998. This provision takes effect April 18, 1997.
The remainder of the Act extensively amends the Iowa Code to require statewide implementation of the assessment-based approach effective July 1, 1998. Many of the amendments change references to the term "investigation" to the term "assessment." References to "investigators" are stricken and replaced with references to "child protection worker," and the term is defined. Many of the affected Code sections were also amended in H.F. 698.
The Act repeals Iowa Code Section 232.71, relating to child abuse investigations, and Code Section 232.71A, relating to child abuse assessment pilot projects, and enacts new Code Section 232.71B to provide for the use of an assessment-based approach. Many of the provisions included in the repealed sections are reformulated and reenacted to reflect the new approach. The following provisions are addressed: the purpose of the assessment-based approach, requirement of a DHS response within 24 hours of receiving a report, requirements for notification of parents, provisions for involvement of law enforcement, required elements of an assessment, home and facility visit requirements, authorization for information requests and criminal records checks, required communication if a child is referred to a physician for a physical examination, requirements to establish multidisciplinary teams to assist with assessments, implementation of protocols for assessments involving facilities, requirements for the content of an assessment report, requirements for providing a portion of the report to the county attorney and juvenile court, requirements to offer voluntary services to families based upon the assessment, and a procedure for DHS to use in the event more than three false or meritless reports are received.
As part of the required elements of an assessment, the Act provides that unless otherwise prohibited under Code Section 234.40 or 280.21, corporal punishment which does not result in a physical injury to the child is not to be considered child abuse. Code Section 234.40 prohibits the use of corporal punishment by a foster parent and Code Section 280.21 prohibits the use of corporal punishment by school employees.
New Code Section 232.71C reenacts provisions previously included in Code Section 232.71 that provide direction in the event court action is needed in response to a child abuse report. The Act requires the county attorney to represent DHS in any child in need of assistance proceeding unless DHS is represented by the Office of the Attorney General. The Act requires DHS to assist the court when needed and request that a guardian ad litem be appointed to represent the child in the proceedings.

SENATE FILE 515 - Juvenile Justice and Youthful Offenders (full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes a variety of changes relating to illegal conduct by juveniles and youthful offenders, including violations of alcohol regulations; dramshop liability for providing alcohol to underage persons; sharing of information pertaining to juveniles between law enforcement, social services, and education agencies; the providing of information to the public regarding delinquent juveniles and juveniles who have escaped from detention facilities; maintenance of criminal history information on juveniles; the sharing of jurisdiction between the adult and juvenile courts for certain youthful offenders; permitting the expansion of the Peer Review Court Pilot Project statewide; and providing for a study of the laws and programs established to reform juvenile delinquents and reduce juvenile crime.
The definition of "legal age" under the Alcoholic Beverages Control Act is changed from 19 to 21 years of age. Code Section 123.47 is amended to make first offense purchase, or attempts to purchase, and possession of alcohol by all persons who are under legal age a simple misdemeanor punishable by a fine of $100. A second or subsequent offense is a serious misdemeanor punishable by a fine of $200 and suspension of the person's operating privileges for a period not to exceed one year. Violations of Code Section 123.47 committed by persons who are under the age of 18, however, are defined as delinquent acts under the jurisdiction of the juvenile court and are to be disposed of under Code Chapter 232 (Juvenile Justice). The act of selling, giving or supplying of alcohol to persons under legal age by persons who are not alcohol licensees or permittees is made a serious misdemeanor punishable by a fine of $500. However, if serious injury to any person results from the sale, gift or supplying of alcohol to an underage person, the violation is an aggravated misdemeanor, which is punishable by imprisonment of not more than two years and a fine of at least $500, but not more than $5,000. If death results, the violation is a class "D" felony, which is punishable by imprisonment of not more than five years and a fine of at least $500, but not more than $7,500. Sales or supplying of alcoholic beverages to persons under legal age, by persons who are licensed or have a permit to sell alcoholic beverages or their employees, is made a serious misdemeanor, punishable by a fine of $1,500. Civil penalties as determined by the Administrator of the Alcoholic Beverages Division of the Department of Commerce or local liquor control authorities may also be imposed.
Peace officers are required under the Act to make reasonable attempts to notify elementary or secondary school officials of the school that a minor attends, if the peace officer discovers that the minor is in possession of alcohol.
The Dramshop Act is expanded to cover persons who do not possess a permit or license to sell or supply alcohol, but who dispense or give alcohol to underage persons.
Code Section 321.216B is amended to make a $100 fine applicable to the alteration of a driver's license or a nonoperator's identification card for purposes of illegally purchasing alcohol.
The multiagency database plan, established by the Division of Criminal and Juvenile Justice Planning of the Department of Human Rights for tracking the progress of juveniles through state and local agencies and programs, is expanded to include a resource guide outlining successful programs and practices.
Code Section 232.19 is amended to allow a peace officer to restrain any juvenile who presents a risk of danger or injury to themselves or others, or who is taken into custody for an act of violence against a person. Currently, if the child is 13 years of age or older, the child may be restrained by metal handcuffs only when a transporting vehicle is not equipped with a rear seat prisoner transport cage and the child is being taken into custody for an alleged delinquent act of violence against a person. Code Section 232.19 is also amended to provide that the name of a juvenile who is 10 years of age or older is a public record if the child is taken into custody for a delinquent act which would be a public offense if committed by an adult.
Code Section 232.28 is amended to provide that a complaint alleging the commission of a delinquent act by a juvenile is a public record if the juvenile is at least 10 years of age and the delinquent act alleged would be a public offense if committed by an adult. Currently, the delinquent act must be an aggravated misdemeanor or greater for the complaint to be a public record. Code Sections 232.28A and 910A.5 are amended to permit the presentation of oral victim impact statements in any proceeding disposing of a complaint against a juvenile.
The provisions regarding reimbursement for court-appointed attorney fees in juvenile matters are amended to provide that reimbursement for juvenile matters shall be the same as has been established for payment for counsel for indigent adults. A provision is added to Code Section 232.149 to provide that information regarding the escape of a juvenile from a placement in a detention facility may be released. Schools are required to adopt rules requiring notification of juvenile court officers of a student's unexcused absence or suspension or expulsion, once the school officials have been notified that the student is under supervision or has been placed on probation.
The Act also provides for shared jurisdiction between the adult and juvenile courts over certain juveniles who are placed on youthful offender status. Juveniles eligible for youthful offender status are those under the age of 16 who commit drug offenses while possessing a firearm or offensive weapon, criminal gang participation involving a firearm or offensive weapon, a felony violation of Code Chapter 724 regarding firearms or offensive weapons, or a forcible felony. These are the same offenses for which juveniles age 16 or 17 are excluded from the jurisdiction of the juvenile court.
The Act provides that a juvenile may attain youthful offender status through the waiver of the juvenile court's jurisdiction in much the same manner that juveniles are currently waived from the jurisdiction of the juvenile court. In waiving its jurisdiction for the purpose of the juvenile being prosecuted as a youthful offender, the juvenile court must consider the best interests of the child and community, the resources available to the juvenile court prior to the juvenile's eighteenth birthday, and whether the juvenile should be subject to continued court supervision past the juvenile's eighteenth birthday. A juvenile who is waived for the purpose of being prosecuted as a youthful offender becomes subject to the jurisdiction of the district court to be tried or to plead guilty as an adult, receives a deferred sentence, and is placed on youthful offender probation as an adult. The juvenile is held in a juvenile detention facility prior to trial, unless released on bail. Pretrial release conditions, if any, are determined by the juvenile court at a detention hearing. The juvenile is supervised by a juvenile court officer or juvenile court services personnel while in detention or on pretrial release.
Once the district court enters an order placing a juvenile on youthful offender status, the juvenile is transferred back for supervision by the juvenile court, which then enters a dispositional order as if the juvenile had been adjudicated delinquent. Juveniles who receive youthful offender deferred sentences are subject to the supervision of the juvenile court while on youthful offender status until age 18, unless the juvenile court sooner terminates its supervision because it believes the juvenile has been rehabilitated or the juvenile violates the terms of the juvenile court's order. If the termination is due to a violation of the terms of the order, the juvenile is treated the same as an adult who has been arrested for a probation violation and the juvenile can be sentenced as an adult for the youthful offender status violation, including the reinstatement of the deferred sentence and commitment to the Department of Corrections.
The Act provides that if the juvenile is still on youthful offender status under juvenile court supervision as the juvenile's eighteenth birthday approaches, the juvenile will have a hearing before the juvenile court to determine if youthful offender status should continue. The juvenile court is to forward any findings and recommendations for consideration of the district court. At the juvenile's eighteenth birthday, unless supervision is terminated sooner by the juvenile court, the juvenile is returned to the district court for a hearing, at which time the district court will determine whether the juvenile, now an adult, should continue on youthful offender status or be discharged from youthful offender status and be treated as an adult. After considering the best interests of the offender and the community, the district court may discharge the offender, continue the youthful offender status, or sentence the offender as an adult for the offense that precipitated the placement of the person on youthful offender status.
Code Sections 331.653 and 602.8102 are amended to add serious misdemeanors committed by juveniles who are at least 10 years of age to the list of offenses reported by the sheriff and the court to the Department of Public Safety. Code Section 692.1 is amended to provide that criminal history data regarding juveniles shall be maintained by the Department of Public Safety if the juvenile is at least 10 years of age and adjudicated delinquent of an act which would be punishable as a serious misdemeanor or greater offense if committed by an adult. Currently, criminal history data is maintained only for juveniles adjudicated delinquent for aggravated misdemeanors or felonies and the fingerprints and photographs that form the basis of the information are not obtained unless a juvenile is at least 14 years of age.
Associate juvenile judges are added to the list of court officers who are entitled to bailiff and other law enforcement services. The Peer Review Court Pilot Project enabling legislation is updated and expanded under the Act to permit the creation on a statewide basis of peer review courts for juveniles alleged to have committed delinquent acts.
Code Section 724.26 is amended to add language that includes juveniles within the prohibition against convicted felons being able to receive, transport or have dominion or control over a firearm, if the juvenile has been adjudicated delinquent on the basis of conduct that would constitute a felony if committed by an adult.
Two new sections are added to the chapter governing uniform school requirements, Code Chapter 280, to provide for the reporting of illegal drug or alcohol use on school premises to law enforcement. An exception is made if school officials determine that an at-risk or student assistance program will be jeopardized if the student self-reports. School officials and various agencies are permitted to share information pursuant to interagency agreements designed to reduce juvenile crime, improve school safety, reduce truancy, reduce suspensions and expulsions, and support various alternatives that support students in successfully completing their education.
The Legislative Council is requested to establish a legislative interim study committee to review and consider the need for improvements in the laws and programs established to reform juvenile delinquents and reduce juvenile crime. The study committee is to prepare and submit a report containing any findings to the General Assembly that convenes in January 1998.

SENATE FILE 541 - Child Day Care (full text of act)

BY IVERSON AND GRONSTAL. This Act relates to child day care regulated by the Department of Human Services (DHS) by creating a dual group day care home registration classification and establishing a child care home pilot project.
Under prior law, a registered group day care home was authorized to provide regular care to more than six but less than 12 children, provided each child in excess of six children is attending school in kindergarten or a higher grade level.
The Act authorizes two persons who comply with individual requirements for registration as a group day care home provider to be jointly issued the certificate of registration. Joint holders of a registration certificate may provide care to a greater number of young children than single holders. The joint holders may provide care for up to 10 preschool-age children (more than 24 months but less than school-age) provided no more than four of these are infants (less than 24 months), with an overall limit of 11 children present for a period of two hours or more. Requirements in law and rule prior to the Act remain applicable to the single holder of the registration: not more than four infants; when more than six children are present, the additional children must be school-age and the provider is to be assisted by a responsible individual who is at least age 14. In addition, under current law, in periods of inclement weather when schools close, a registered group home is authorized to provide care for up to 15 children. The Act does not revise the inclement weather exception limit for joint registrants.
The Act requires DHS to implement a pilot project applicable to registered family and group day care homes in a rural county. In addition, DHS may also select an urban or mixed rural and urban county for the pilot project. Under the pilot project, the family and group day care home registration classifications are combined into a child care home classification with four registration levels. The Act establishes limits on the number of children for each level, based upon the age of the children receiving care. In addition, DHS is directed to adopt rules for each level regarding the amount of space available per child, provider qualifications and training, and other minimum standards. An inclement weather exception allows additional children for each level when schools are closed. A definition for care provided on a part-time basis is provided for children receiving care for less than 90 hours per month. The numbers of children authorized for each level are as follows:

• Level I: Up to six children, with not more than three infants; in addition, two school-age children for periods of up to two hours; and for the inclement weather exception, an overall limit of eight children.
• Level II: Up to six children, with not more than three infants; in addition, four school-age children for periods of up to two hours and two part-time children; and for the inclement weather exception, an overall limit of 12 children.
• Level III: Up to six children, with not more than three infants; in addition, four school-age children and two part-time children; and for the inclement weather exception, an overall limit of 12 children.
• Level IV: Up to 12 children, with not more than four infants; in addition, two school-age children for periods of up to two hours and two part-time children; and for the inclement weather exception, an overall limit of 16 children.

The department is directed to report periodically to the General Assembly concerning the pilot project with an initial report in February 1998 and a progress report in December 1998. The report is to include advantages and disadvantages of the pilot approach and to address the feasibility of implementing the approach statewide.

HOUSE FILE 313 - Requirements for Certain Child Day Care Providers (full text of act)

BY JACOBS. This Act requires criminal and child abuse record checks of persons who receive public funding for providing child day care.
The Act provides that a person who is receiving public funds for providing child day care and is not registered with or licensed by the Department of Human Services (DHS) to provide child day care, and individuals residing with the person, are subject to criminal and child abuse record check requirements as though the person is applying to be or is registered. Under the requirements, DHS performs the record checks. If the record checks indicate that a person providing child day care or residing in a child day care facility has committed a crime or founded abuse, DHS is to perform an evaluation to determine if the crime or founded abuse warrants prohibition of the person's licensure, registration, employment, or residence by or in a facility providing child day care. If an evaluation of a person covered indicates prohibition is warranted, the Act prohibits the person from providing child day care and makes the person ineligible for public funding to do so. A violation of the prohibition is subject to a criminal penalty and to injunction.

HOUSE FILE 376 - Child Welfare — Dispositional Orders, Hearings, and Placements (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to child welfare provisions involving dispositional orders, hearings and placements.
The Juvenile Justice Code provisions in Code Chapter 232 are amended to provide that the following types of placements are subject to juvenile court review every 12 months, rather than every 18 months as under prior law: children found to have committed a delinquent act and placed with the Department of Human Services (DHS), children subject to a child in need of assistance (CINA) order for supervised retention of the child by the parent, and voluntary foster care placements of a child with a disability. In addition, provisions of the Interstate Compact on Placement of Children out-of-state are amended to require visitation of the child by a designee of the child placement agency and a report to the court on these placements every 12 months rather than every 18 months.
Various provisions concerning out-of-home placements of children found to have committed a delinquent act or to be a CINA are amended to require the placements to be in the most family-like and most appropriate setting, in addition to the least restrictive setting.
Iowa Code Section 232.89, prohibiting the right to counsel for an incarcerated parent without legal custody of the child in a CINA proceeding, is amended to allow the right to counsel. This provision takes effect May 1, 1997.
The Act repeals provisions that required monthly reports by child-placing agencies, concerning the children placed by the agencies, to the Administrator of the Division of Child and Family Services of the DHS.

HOUSE FILE 544 - Foster Care and Preadoptive Care (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to the placement of children for adoption and foster care.
The Juvenile Justice Code, Code Chapter 232, is amended to include a definition of an individual providing "preadoptive care" to a child under a signed placement agreement for the purposes of proceeding with a legal adoption of the child. These individuals are to be provided notice of any delinquency proceeding and may petition the court to be made a party to any child in need of assistance (CINA) proceeding. These individuals and foster parents are also granted access to juvenile court records involving a child in their care.
The Department of Human Services is to adopt rules specifying the elements of a preadoptive care agreement outlining the rights and responsibilities associated with the provision of preadoptive care. The department is to work with the foster parents, foster care providers, and the state Citizen Foster Care Review Board to develop written standards relating to the rights and responsibilities of foster families providing foster and preadoptive care to a child. Local foster care review boards are to include in their review the compliance of interested parties with the rights and responsibilities contained in a family foster care or preadoptive agreement.

HOUSE FILE 545 - Placement of Delinquent Children (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act adds to the criteria used by the court to determine whether a delinquent child may be placed in the state training school or other facility. As an alternative to the current requirement that a delinquent child must have been previously placed in a treatment facility outside of the child's home, previous placement in a highly structured delinquency day treatment program may also be considered.

HOUSE FILE 698 - Child Abuse Information and Central Registry (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to the law requiring placement of child abuse information in the central child abuse registry at the conclusion of a Department of Human Services (DHS) investigation or assessment of a report of child abuse. In addition, the Act specifically addresses how the various types of child abuse information are to be maintained and confidentiality protected. See also S.F. 230, which provides for the phase-in of an assessment-based approach to replace the investigation-based approach in response to a report of child abuse.
Following the recommendations of the 1994 legislative interim Child Protection Task Force, the General Assembly enacted provisions for utilization of an assessment-based approach on a pilot project basis. Under the assessment-based approach, in addition to protecting the safety of the child, the child protection worker performs an assessment of the strengths and needs of the child's family and the family's community. Unlike the process under the investigation-based approach in the pilot project areas, if child abuse was determined to have occurred, only serious cases were placed in the registry.
The original legislation enacted in 1995 included legislative intent to expand the assessment-based approach and registry statewide during the fiscal year beginning July 1, 1996. However, legislation enacted by the 1996 General Assembly provided that the pilot projects continue and directed DHS to convene a group of interested parties to consult with national experts to review the child protection system and the pilot approach. The consultants performing the review advised the group to separate the two major issues of the assessment-based approach and the central registry in developing legislation. This resulted in two legislative bills, S.F. 230, which addresses the assessment-based approach, and this Act, which addresses registry placement.
Under S.F. 230, the assessment-based approach is to be incrementally expanded over the course of a year, with full implementation on July 1, 1998. Therefore, this Act addresses both investigation and assessment-based approaches and includes numerous conforming amendments to delete references to the investigation approach effective July 1, 1998. In addition, the Act makes conforming amendments to S.F. 230 and to S.F. 176.
The Act specifies in greater detail than the original pilot project legislation, the criteria for placement of information in the central registry if there is a finding of child abuse. The Act provides that if a DHS investigation or assessment determines that an incident of alleged child abuse was minor and isolated and unlikely to reoccur, the names of the child and alleged perpetrator and any other child abuse information shall not be placed in the central registry as a case of founded abuse. Based upon the statutory definition of child abuse, the Act includes a listing of the specific incidents and determinations that would result in the placement of names and other child abuse information in the central registry. Under the listing, even if an incident is determined to be minor and isolated and unlikely to reoccur, a second finding of child abuse within 18 months of an initial finding of child abuse or the occurrence of the incident in a facility or other provider of service to children will result in registry placement.
Child abuse information is divided into the data from the actual report of abuse, investigation or assessment data, and disposition data. The following types of information are considered confidential case records held by DHS:

• Investigation or assessment data.
• Information pertaining to an allegation for which an assessment or investigation was not performed.
• Information pertaining to an allegation that DHS determined did not meet the definition of child abuse. This information is available to the subject of a child abuse report, certain people involved in an investigation or assessment, or DHS designees under certain circumstances.
• Report and disposition data pertaining to an allegation determined to constitute child abuse, but which was not placed on the registry. These data are only available to the subject of a child abuse report, certain people involved in an investigation or assessment, or DHS designees under certain circumstances.

The information to be placed on the child abuse registry is outlined in amendments to Code Chapter 235A. The prior law included an extensive listing of persons with access to child abuse information including subjects of child abuse reports, employers in child care services, DHS personnel, county attorneys, and the juvenile court. The listing is revised to restrict access to the specific types of data, depending on the need to know. The Act directs the department and the courts to adopt or promulgate rules prescribing the amount of time child abuse information is retained by the department and the court and provides that the court rules are applicable to county attorneys.
The Act requires that, if an evaluation is being performed to determine whether a record of founded abuse warrants prohibiting an individual from performing a child care function, DHS must apply the new criteria for registry placement. Existing information that would not be placed in the registry under the new criteria is to be removed from the registry. In addition, during the period beginning July 1, 1997, through December 31, 1997, a subject of a child abuse report who is listed in the registry as of July 1, 1997, for a circumstance that would not require placement in the registry under the new criteria, may request DHS to perform a review of the case. The department is to submit a report indicating the number of requests received and the resources needed to complete the reviews.
The Act requires the department to convene a group of experienced parents and child abuse experts to develop uniform criteria for identifying what constitutes a minor physical injury to a child and the circumstances in which a minor injury would not cause concern about the safety or risk of harm to a child. This group is to present recommended criteria to the Governor and General Assembly by November 1, 1997.
The Act requires the department to seek funding for the performance of an independent evaluation of the changes to the child protection system during FY 1998-1999. The evaluation to be submitted to the General Assembly during the 1999 Legislative Session.
The Act includes a delayed effective date of July 1, 1998, for the conforming amendments providing for statewide implementation of the assessment-based approach.

RELATED LEGISLATION

SENATE FILE 236 -- Health Facilities and Services — Certificate of Need Program

(Complete summary under HEALTH & SAFETY)

This Act makes changes to the Certificate of Need (CON) Program, including directing a study of psychiatric medical institutions for children and institutional health facilities for persons with mental retardation.

SENATE FILE 240 -- Federal Block Grant Appropriations

(Complete summary under APPROPRIATIONS)

This Act appropriates federal block grant and other nonstate moneys to various state agencies for the federal fiscal year beginning October 1, 1997, and ending September 30, 1998, and for the state fiscal year beginning July 1, 1997, and ending June 30, 1998. The Act includes funding for various programs involving children and families.

SENATE FILE 499 -- Tobacco Violations by Underage Persons — Age Identification on Licenses

(Complete summary under HEALTH & SAFETY)

This Act relates to privileges and prohibitions relating to tobacco, tobacco products and cigarettes relative to minors. The Act provides that motor vehicle licenses or nonoperator's identification cards issued to persons under 18 years of age are to include, prominently on the face of the license, the words "under eighteen" and those issued to persons under the age of 21, but older than 18, are to include, prominently on the face of the license, the words "under twenty-one." The Act also increases the scheduled fine for violation of the provision that prohibits a person under 18 years of age from smoking, using, possessing, purchasing, or attempting to purchase any tobacco, tobacco products or cigarettes from $25 to a graduated fine.

SENATE FILE 503 -- Criminal Justice — Miscellaneous Provisions

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act makes a variety of changes relating to criminal justice and provides an additional penalty of five years of confinement for persons who manufacture methamphetamine, its salts, isomers or salts of isomers in the presence of a minor.

SENATE FILE 516 -- Public Assistance Revisions — Family Investment and Other Programs

(Complete summary under HUMAN SERVICES)

This Act relates to the Family Investment Program or FIP (formerly known as Aid to Families With Dependent Children or AFDC), administered by the Department of Human Services, by repealing and reenacting the Code chapters and other provisions associated with the program.

SENATE FILE 526 -- Healthy Families Program

(Complete summary under HEALTH & SAFETY)

This Act requires the Iowa Department of Public Health to establish a Healthy Opportunities for Parents to Experience Success (HOPES) — Healthy Families Iowa (HFI) Program to provide and consolidate services to children and families during the prenatal through preschool years.

SENATE FILE 542 -- Supplemental and Other Appropriations and Miscellaneous Provisions

(Complete summary under APPROPRIATIONS)

This Act makes supplemental appropriations for FY 1996-1997 and appropriations for other fiscal years. The Act includes an increase in the standing appropriation for education programs for at-risk children.

HOUSE FILE 81 -- Hunter Safety and Ethics Education

(Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION)

This Act allows a person 11 years of age or older to enroll in and successfully complete an approved hunter safety and ethics education course that requires completing 10 hours of training, passing an oral or written examination, and demonstrating safe handling of a firearm. A certification of completion is valid only after the recipient is at least 12 years of age.

HOUSE FILE 121 -- Notification Requirements Regarding Pregnant Minors

(Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE)

This Act changes prior law relating to parental notification requirements regarding pregnant minors.

HOUSE FILE 265 -- Laws Relating to Certain Criminal Offenses Affirmed and Reenacted

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act affirms and reenacts a criminal street gangs weapons offense and a stolen weapons trafficking offense and any amendments and editorial changes made to those provisions.
The Act takes effect May 6, 1997.

HOUSE FILE 331 -- Student Searches

(Complete summary under EDUCATION)

This Act makes changes in the standards and procedures for searches by school officials of student protected areas and lockers, desks, and other facilities or spaces owned and furnished by a school and provided as a courtesy to students.

HOUSE FILE 371 -- Temporary Orders for Support, Custody, or Visitation

(Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE)

This Act provides, upon petition of a parent, for the issuance and subsequent change of temporary orders by the court for support, custody or visitation of a child for whom paternity has been established and whose parents were not married at the time of the child's birth or at the time of filing of the petition.

HOUSE FILE 453 -- Termination of Parental Rights — Grounds — Putative Father

(Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE)

This Act makes changes in Code Chapter 600A, Termination of Parental Rights. The Act redefines "to abandon a minor child" for the purposes of the chapter. The Act also establishes criteria for a determination that a putative father has abandoned a child, for the purposes of establishing grounds for termination of the putative father's parental rights. The criteria require the demonstration of certain actions and intentions by a putative father, which vary based upon the age of the child at the time of the holding of the termination of parental rights hearing.

HOUSE FILE 597 -- School Attendance Requirements and Family Investment Program

(Complete summary under EDUCATION)

This Act relates to school attendance requirements by requiring an attendance cooperation meeting process prior to designating truant a child who has not completed the sixth grade, providing for a truancy-related grant reduction sanction under the Family Investment Program (formerly known as Aid to Families With Dependent Children or AFDC), and providing for a civil penalty for truancy. The attendance cooperation requirements do not apply to a child who is receiving competent private instruction.

HOUSE FILE 612 -- Child Support, Spousal Support, and Related Matters

(Complete summary under HUMAN SERVICES)

This Act makes numerous changes relating to child support enforcement including those required under the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and child custody orders.

HOUSE FILE 643 -- Grandparent and Great-Grandparent Visitation Rights

(Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE)

This Act provides the same rights of visitation to great-grandparents of a child as are currently provided to grandparents of a child through petition of the district court under certain circumstances, and includes a new circumstance under which the rights may be afforded.

HOUSE FILE 715 -- Appropriations — Human Services

(Complete summary under APPROPRIATIONS)

This Act makes appropriations to the Department of Human Services and includes numerous provisions affecting juvenile justice programs, including foster care, adoption and other child welfare services, criteria for placement of a juvenile at the State Training School at Eldora, and funding for court-ordered services.

Iowa General Assembly

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Last update: Wed July 23, 1997
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