1998 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

CHILDREN AND YOUTH

CHILDREN AND YOUTH LEGISLATION

SENATE FILE 2072 - Membership of Family Development and Self-Sufficiency Council (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act provides for the appointment of an additional member, the Director of the Department of Workforce Development or the director's designee, to the Family Development and Self-Sufficiency Council in the Department of Human Services. This council deals with research and grants to address long-term dependency upon the Family Investment Program and other welfare programs.

SENATE FILE 2220 - Juvenile Justice -- Runaways (full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends the definition of "chronic runaway" in the Juvenile Justice Chapter, Code Chapter 232, to change the language relating to the number of times that a runaway has been reported from once in "any month" to "any 30-day period." Under prior law, a chronic runaway was defined as a child who is reported to law enforcement as a runaway more than once in any month or three or more times in any year.

SENATE FILE 2312 - Child Day Care (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to child day care requirements involving volunteers and to the child day care home pilot projects.

A person serving as an unpaid volunteer in a child day care facility is not required to complete training as a mandatory reporter of child abuse.

Provisions applicable to a pilot project that began in 1997 for child day care homes operating in two counties are amended. The pilot project registers family child care homes at four levels of care, depending on the space available and qualifications of the provider. The amendments make the following changes to the pilot project:

• A provider can be registered at a level of care for which the provider is qualified, even though the provider's home does not meet the space requirements for that level. The number of children allowed at that registration level, however, is to be restricted according to the space availability.
• Requirements applicable to level IV (greatest number of children out of the four levels) are revised to allow eight rather than seven children to be present before the provider must have a qualified assistant present.
• For a two-year period, beginning on April 20, 1998, a provider who provides care to four infants or to school-age children in excess of the limit authorized for a level of care may continue to provide care to those children. The exception applies during the two-year period until those children age out of the infant classification or leave the provider's care.

The Act requires the Department of Human Services to consult with various parties in studying the availability, accessibility, affordability, and quality of child day care services in the state.

The Act takes effect April 20, 1998.

SENATE FILE 2345 - Juvenile Justice -- Out-of-Home Placement, Termination of Parental Rights, and Adoption (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to juvenile justice system provisions involving temporary removal of children, child in need of assistance (CINA) proceedings, foster care, termination of parental rights, and adoption. Many provisions of the Act are to conform with federal requirements in the federal Adoption and Safe Families Act of 1997, Pub. L. No. 105-89. The Act makes significant changes to Iowa Juvenile Justice Code, Code Chapter 232.

The provisions for conformance with federal requirements include the following:

• The Act changes the definition of "guardian" to include the purpose "to have a permanent self-sustaining relationship with the child." In addition, the guardian is to make other decisions involving protection, education, and care and control of the child.
• The Act amends Code Section 232.102, relating to transfer of legal custody of a child and placement, to revise the definition of "reasonable efforts" in the context of preventing or eliminating the need for removal of a child from the child's home. The change adds language for preserving and unifying a family prior to out-of-home placement of a child and makes the child's health and safety the paramount concern in making reasonable efforts. The performance of the reasonable efforts to prevent out-of-home placement may be made at the same time as reasonable efforts to place a child for adoption or with a guardian.
• The Act revises the language in the requirement for dispositional review hearings to refer to permanency hearings under Code Section 232.104.
• The Act authorizes the court to waive the requirement to make reasonable efforts if various aggravated circumstances exist. The Act includes specific aggravated circumstances such as the parent's murder of another child of the same parent. A permanency hearing must be held by the court within 30 days of the date the requirements are waived.
• The Act amends Code Section 232.111, relating to the filing of a petition for termination of parental rights, to require the county attorney to file or join in an existing petition if the child has been placed in foster care for 15 months or more of the most recent 22-month period, or if the circumstances for waiving the requirement to make reasonable efforts exist. Exceptions to the requirement to file are provided.
• The Act amends Code Section 232.104, relating to permanency hearings, to revise the time limits for holding the hearings. Under the Act, the initial permanency hearing for a child subject to an out-of-home placement for whom reasonable efforts have not been waived must be held within 12 months of the date of the child's removal. However, if the reasonable efforts requirement is waived, the permanency hearing must be held within 30 days of the date of the waiver. The Act strikes prior law relating to when the court must hold a permanency hearing.
• The Act provides that a child's foster parent, an individual providing preadoptive care for the child, or a relative providing care for the child is required to be notified of a termination of parental rights proceeding.
• The Act amends Code Section 237.8, relating to record checks of persons licensed to provide foster care, to prohibit foster parent licensing of individuals who have committed certain felony crimes such as child abuse, domestic abuse or a forcible felony.
• The Act amends Code Section 600.8, relating to preadoption investigations of individuals, to prohibit approval of individuals to be adoptive parents who have committed certain felony crimes such as child abuse, domestic abuse or a forcible felony.

In addition, the Act includes these other changes in the Juvenile Justice Code:

• The Act makes a number of changes to Code Section 232.78, relating to ex parte orders for the temporary removal of a child. The person applying for the order must provide a statement of the facts to support the findings required for the order and must assert facts showing there is reasonable cause to believe the child cannot be returned to the child's residence or be placed with the parent who does not have physical care of the child. Current law requires the court to designate an appropriate person to confer with the applicant for the order, attempt to inform the child's parent, and make inquiries to aid the court. The Act requires this designee to file a written report of the person's activities and discussions within five days of the date of the removal order. If the court does not designate the appropriate person, the child's parent is not responsible for paying for the costs of the child's care and services for the duration of the removal order.
• The Act revises Code Section 232.2 provisions for the case permanency plan of a child in an out-of-home placement to specify that reasonable efforts for placing a child for adoption or with a guardian can be made at the same time as reasonable efforts to reunite the child with the child's family.
• Various orders for removal of a child or for out-of-home placement of a child are to include a statement informing the child's parent that the consequences of a permanent removal may include termination of the parent's rights with respect to the child.
• A child in need of assistance order for out-of-home placement of a child is to identify the reasonable efforts that have been made involving that child.
• If a child is found to be a child in need of assistance in any dispositional hearing, dispositional review or permanency hearing, the court must inquire of the parties as to the sufficiency of the services being provided and whether any additional services are needed to facilitate the safe return of the child to the child's home. In addition, the court must advise the parties that failure to identify needed services or a deficiency in services may preclude the party from challenging the sufficiency of the services in a termination of parental rights hearing.
• The Act amends existing provisions in the child of need of assistance and termination of parental rights disposition statutes to include in the list of placement options, along with a relative or other suitable person, the parent who does not have physical care of the child.
• The Act amends Code Section 232.116, relating to the grounds for termination of parental rights, to require the court to consider the safety of the child along with the existing criteria in determining whether to terminate parental rights.
• The Act provides for continued placement of a child, for whom a termination of parental rights petition has been filed, with a foster parent providing preadoptive care to the child through the termination of parental rights proceeding, unless the court orders otherwise, based upon the best interests of the child.
• The Act amends Code Section 232.189, relating to requirements for the Director of Human Services and the Chief Justice of the Iowa Supreme Court to implement a reasonable efforts protocol, to refer to the new definition of "reasonable efforts."

The Act includes the following provisions relating to adoption:

• The Act amends Code Section 232.119, relating to the adoption exchange established in the Department of Human Services, to revise a reference to the National Adoption Exchange to refer to electronic capabilities.
• If the person being adopted dies following the termination of the parental rights of the child's biological parent but prior to the filing of an adoption petition, the person who was the guardian or custodian, or was in a parent-child relationship with the child, may file an adoption petition and the court may waive procedures and requirements associated with the adoption and issue a final adoption decree.

SENATE FILE 2359 - Citizens' Aide Review of Child Protection System (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act provides for a review of the state's child protection system by the Office of the Citizens' Aide/Ombudsman, an agency of the General Assembly. The review is to encompass all aspects of the system including reporting, assessment, child removal, child in need of assistance proceedings, review and appeals, and termination of parental rights. The purpose of the review is to determine whether the current system adequately provides fairness and due process protections for all involved with the system. The report of the review is to be submitted to the Department of Human Services, chief juvenile court officer of each judicial district, Governor, and General Assembly by February 1, 1999. Implementation of the study is contingent upon authorization of funding for the study by the Legislative Council. The Legislative Council approved funding for the study on June 23, 1998.

The Act takes effect May 14, 1998.

RELATED LEGISLATION

SENATE FILE 2261 -- Grandparent and Great-Grandparent Visitation (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides that the parent of the mother or father of a child born out of wedlock or the grandparent of the mother or father of a child born out of wedlock may petition the court for visitation rights whether child custody has been awarded to the mother or father of the child. Visitation is only granted if it is in the best interest of the child and the grandparent or great-grandparent has established a substantive relationship with the child before filing the petition.

SENATE FILE 2280 -- Appropriations -- Health and Human Rights (Complete summary under APPROPRIATIONS.)

This Act provides for the transfer of $83,000 from amounts remaining in the Gambling Treatment Fund at the close of FY 1997-1998, to the Governor's Alliance on Substance Abuse for efforts to educate adolescents regarding methamphetamine abuse.

SENATE FILE 2292 -- Sex Offender Registry (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act amends the sex offender registration chapter by making changes to definitions, providing for lifetime registration for repeat offenders, providing for registration of offenders who are required to register in another state but whose crimes do not trigger the registration requirements in this state, making changes in the notification and offender reporting requirements, providing for offender risk assessment, codifying language regarding the applicability of registration requirements, and requiring the Department of Public Safety to make inquiry regarding, and to seek exception from, if necessary, any requirement that a state include kidnapping and false imprisonment as criminal offenses against a minor.

SENATE FILE 2313 -- Child Support, Spousal Support, and Related Matters (Complete summary under HUMAN SERVICES.)

This Act includes provisions relating to child support to comply with requirements in the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, subsequent technical amendments made to the federal Act in 1997, and other technical changes.

SENATE FILE 2338 -- Adoption of Deceased Persons and International Adoptions (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act transfers the responsibility of assisting families involved in international adoptions from the Department of Human Services to licensed child placing agencies, persons making independent placements, and certified or approved adoption investigators. The Act also provides for the completion of an adoption of a person for whom parental rights of the biological parents have been terminated, for whom an adoption petition has been filed, but who died prior to completion of the adoption procedure.

SENATE FILE 2341 -- Hepatitis Type B Immunizations (Complete summary under HEALTH & SAFETY.)

This Act requires children born on or after July 1, 1994, to be immunized for hepatitis type B prior to enrollment in school.

SENATE FILE 2353 -- Allocation of State Aid for School-Based Youth Services Programs (Complete summary under EDUCATION.)

This Act continues through FY 2000 the $2.8 million annual allocation of at-risk funds to school districts for school-based youth services, and the $20,000 annual allocation for staff development, research and the development of strategies for coordination with community-based youth organizations and agencies; and provides a $50,000 annual allocation through FY 2000 to those schools whose four-year grant funding, or whose expansion grant funding, under the program is otherwise scheduled to end in FY 1998.

SENATE FILE 2406 -- Iowa Empowerment Board, Community Empowerment Areas, and Community Empowerment Area Boards (Complete summary under LOCAL GOVERNMENT.)

This Act creates the Iowa Empowerment Board and authorizes local communities to create community empowerment areas and community empowerment area boards. The stated purpose of the Act is to create a partnership between communities and state government by gradually implementing a statewide system of community empowerment areas. An important initial emphasis is to improve the well-being of families with young children. An additional emphasis is to reduce duplicative requirements that are barriers to community efforts to improve the efficiency and effectiveness of local education, health and human services programs. The Act establishes a School Ready Children Grant Program for collaborative planning for, and funding of, early childhood programs.

SENATE FILE 2410 -- Human Services Appropriations and Related Provisions (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to the Department of Human Services and includes numerous provisions affecting children and youth.

HOUSE FILE 677 -- Child Custody and Visitation -- Miscellaneous Provisions (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides that good cause for waiver of mandatory participation in a court-approved course to educate and sensitize the parties to an action involving child custody or visitation includes a showing of prior participation by the parties in a court-approved course or its equivalent. The Act also provides that the court is to consider the criminal history of a parent in awarding visitation rights if the parent has been convicted of a criminal offense against a minor, a sexually violent offense against a minor, or sexual exploitation of a minor.

HOUSE FILE 2120 -- Self-Service Displays for Cigarettes and Tobacco Products (Complete summary under HEALTH & SAFETY.)

This Act provides legislative intent relative to access of a minor to cigarettes and tobacco products. Beginning January 1, 1999, the Act also prohibits the use of self-service displays which allow the buyer to take possession of the product without the seller being present, and for the sale of, or offering for sale of, cigarettes or tobacco products in a quantity of less than a carton. Vending machine sales allowed by law are not affected. The Act provides that a retailer who violates the Act is subject to revocation of the retail permit.

HOUSE FILE 2169 -- Conservatorship Assets (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act changes the maximum asset eligibility level for termination of a minor ward's conservatorship and provides for distribution of the remaining assets.

HOUSE FILE 2218 -- 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, 1998, and ending September 30, 1999, and for the state fiscal year beginning July 1, 1998, and ending June 30, 1999. The Act includes funding for various programs involving children and families, including child care and development, maternal and child health, community services, and social services block grants.

HOUSE FILE 2395 -- Supplemental and Other Appropriations and Miscellaneous Provisions (Complete summary under APPROPRIATIONS.)

This Act relates to various public expenditure and regulatory matters by making supplemental appropriations for FY 1997-1998, appropriations for subsequent fiscal years, and various statutory changes. The Act includes an appropriation for a grant to a county for implementation of the county's runaway child assessment and treatment plan, changes a submission date in S.F. 2406 (see Local Government) for School Ready Children Grant plans from January 1, 1999, to December 1, 1998, and increases the standing appropriation for at-risk education programs from $15,170,000 to $15,360,000 with a corresponding increase in the standing allocation for Child Development Coordinating Council programs.

HOUSE FILE 2517 -- Healthy and Well Kids in Iowa Program (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act establishes the Healthy and Well Kids in Iowa (HAWK-I) Program, beginning January 1, 1999, to provide health insurance coverage for children under 19 years of age who are eligible under Title XXI of the federal Social Security Act, and expands the Medical Assistance (Medicaid) Program, beginning July 1, 1998, to include children whose family's adjusted gross income does not exceed 133 percent of the federal poverty level.

HOUSE FILE 2523 -- Medical Assistance Reimbursement for Certain Providers (Complete summary under HUMAN SERVICES.)

This Act requires that rural health clinics and federally qualified health clinics are to receive cost-based reimbursement for services provided under the Medical Assistance (Medicaid) Program.

HOUSE FILE 2527 -- Victim Rights Act (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act transfers and reorganizes existing Code sections pertaining to victim rights, including certain provisions relating to the rights of victims of juvenile offenders. The juvenile provisions are contained in a new subchapter entitled "Victims of Juveniles," contained in new Code Sections 915.24 through 915.29, and relate to the rights of a victim of a juvenile, access to certain juvenile files, restitution by juveniles, the rights of a victim of a sexual assault by a juvenile, and notification obligations of the Department of Human Services to victims of juveniles. The Act contains a delayed effective date of January 1, 1999.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: THU July 30 1998
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