1999 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

CHILDREN AND YOUTH

CHILDREN AND YOUTH LEGISLATION

SENATE FILE 193 - Guardians Ad Litem for Children in Juvenile Court(full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes changes in the duties applicable to a guardian ad litem appointed to represent a child's interests in juvenile court.

The Act includes interviewing the child's parents within the duties of a guardian ad litem, if the parents' counsel authorizes the interview. Existing law does not require the guardian ad litem to first obtain authorization from the parents' counsel to conduct the interview.

Under the Act, the guardian ad litem is not required to interview the child if it is determined that the child is of an age that is not appropriate for the interview. Current law requires the guardian ad litem to interview the child without regard to age.

If a child is placed outside the home, the Act includes visitation of each new placement ordered by the court within the duties of the guardian ad litem. In addition, the Act includes within the duties of the guardian ad litem attendance at any meeting held by the Department of Human Services, educational institutions, service providers, or health care providers which are important to the child's case. However, Division VI of H.F. 782 (see Appropriations) makes attendance by the guardian ad litem discretionary, rather than mandatory.

Under the Act, the court is required to list the guardian ad litem's duties in the order that appoints the guardian ad litem. However, Division VI of H.F. 782 (see Appropriations) strikes that provision. The Act further provides that the order appointing the guardian ad litem shall also direct that the guardian ad litem shall have access to any relevant information in the child's case.

SENATE FILE 275 - Children's Centers - Certification or Licensing Standards(full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to services for children by requiring the Department of Human Services to establish certification or licensing standards for children's centers. New Code Chapter 237C requires the Department of Human Services to work with various other departments and community-based service providers and to review other applicable standards in establishing the standards. The standards are not to include program standards.

As defined by the Act, "children's center" is a privately funded facility that is designed to serve seven or more children who are not under the authority or custody of the Department of Human Services, juvenile court, or another governmental agency. A center provides one or more services such as child care, child care for children with a chronic illness, respite care, family support services, medical equipment, therapeutic day programming, housing, and education enrichment.

SENATE FILE 287 - Foster Care Placements and Plans - Child Abuse Information - Decategorization Plans(full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to child welfare provisions involving voluntary foster care placements of children with mental retardation or other developmental disability, release of child abuse information, and annual group foster care and decategorization plans.

The Act amends Juvenile Justice Code provisions for voluntary foster care placements of children with mental retardation or other developmental disability. The Act limits court supervision of these voluntary placements to foster family care placements. This change is contingent upon federal approval of a medical assistance (Medicaid) home and community-based services waiver. The waiver provisions allow children with mental retardation who would otherwise require treatment in an intermediate care facility for persons with mental retardation (ICFMR) to instead be served in out-of-home settings of eight beds or less which meet standards established by the Department of Human Services.

The Act amends provisions governing access to confidential child abuse information by expanding the list of persons with access to disposition data for founded cases of child abuse. Access is provided to individuals requesting information on a specific case of child abuse which resulted in a child fatality or near fatality. The access is required under federal law as a condition of receiving a grant for certain child abuse and neglect prevention and treatment programs.

The Act makes changes in the submission dates for annual group foster care and child welfare funding decategorization plans.

SENATE FILE 439 - Iowa Community Empowerment - Miscellaneous Provisions(full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to the Iowa Community Empowerment Act, an initiative originally enacted in 1998 to empower individuals and their communities to achieve desired results for improving quality of life. The initiative's primary focus is for the state and communities to work together to improve the efficiency and effectiveness of education, health and human services provided to families with children age birth through five years. The Act states the purpose of the initiative and provides an initial set of desired results. In addition, the roles of communities and the state in achieving the purpose and desired results are explained.

The Act adds additional voting members to the Iowa Empowerment Board. The number of citizen members appointed by the Governor is increased from eight to 12. The Governor's appointments are to be selected from individuals nominated by community empowerment area boards. The nominations are to reflect the education, health, human services, business, faith, and public interests represented on the community boards. Each of these interests is to be represented by at least one citizen member. The four additional members of the Iowa Empowerment Board are to be appointed from community empowerment area board nominees in a manner so that each congressional district is represented by at least two citizen members appointed by the Governor. These appointments are to be made within 60 calendar days of the effective date of the Act, May 27, 1999.

The Act amends requirements for technical assistance to establish the state system for technical assistance using local staff of education, health and human services agencies represented on the board, other local staff of state agencies, and individuals involved with local community empowerment areas.

The Act establishes a Community Empowerment Office as part of the Department of Management. The Act authorizes the Governor to appoint a community empowerment facilitator, subject to confirmation by the Senate, and provides for other staffing to be designated. Existing law authorizes staffing services to be provided by the state agencies represented on the board and by other state agencies. The facilitator is to provide primary staffing to the Iowa board and to perform various communication and coordination functions at the state and local levels.

The Act amends the duties of the Iowa Empowerment Board to correspond with the statement of purpose contained in the Act. The Iowa Empowerment Board is directed to implement a process involving community empowerment areas in identifying desired results for improving the quality of life in this state. The process is to allow for consideration of updates, additions and deletions on a regular basis. The identified desired results are to be submitted to the Governor and General Assembly.

The Act directs the Iowa Empowerment Board to develop guidelines for recommended coverage and to take other actions to assist community empowerment area boards in acquiring necessary insurance or liability coverage at a reasonable cost.

The Act provides that the Iowa Empowerment Board is to develop and annually update a five-year plan for consolidating, blending and redistributing state-administered funding, directed to children from birth through age five through community empowerment areas, and a 10-year plan for similar purposes directed to other age groups. Legislative intent is stated that various state-funded programs located in community empowerment areas are to fully cooperate with the boards for those areas by designated fiscal years. Annual reports concerning the status of that cooperation are to be submitted to the state and compiled for the Iowa Empowerment Board, Governor and General Assembly.

The Act strikes and rewrites the Iowa Code requirements for representation on the community empowerment area boards. The Act replaces the extensive listing of possible members in current law with required membership of representatives of education, health, human services, business, faith, and public interests. A majority of the board members must be elected officials and members of the public who are not employed by a provider of services to or for the board. If a disagreement arises within a community empowerment area concerning the board membership or decisions that cannot be resolved locally, state or regional technical assistance may be requested to assist in the resolution.

The Act designates community empowerment boards as a unit of local government for purposes of Code Chapter 670, which provides for the tort liability of local governments. In implementing a formal organizational structure, a community empowerment board may utilize recommended guidelines and bylaws which are to be developed by the Iowa Empowerment Board. The community empowerment boards are made subject to Code Chapter 21, relating to open meetings, and Code Chapter 22, relating to public records.

The Act expands the requirement for a community empowerment board to designate a public agency to be the board's fiscal agent, to allow a community action agency or a nonprofit corporation to be the agent.

The Act requires the Iowa Empowerment Board to identify core functions for home visitation, parent support and preschool services provided under School Ready Children Grants.

The Act amends School Ready Children Grant requirements so that the Iowa Empowerment Board determines a community's readiness, rather than the community's degree of readiness, in awarding a grant.

The Act removes the restriction that only designated community empowerment areas that were awarded School Ready Children Grants could also be eligible for another funding stream: Early Childhood Program Grants. A corresponding amendment is made in the FY 1999-2000 distribution requirements for these grant moneys in H.F. 760 (see Appropriations), which provides human services appropriations. The change allows any designated community empowerment area to access that area's formula amount of the $3.8 million appropriated for that fiscal year.

The Act allows community empowerment areas to utilize up to 3 percent, not to exceed $60,000, of School Ready Children Grant funding for administrative costs or other implementation expenses.

Existing law relating to the duties of a community empowerment area board requires the board to coordinate planning and budgeting activities with the governing board of any child welfare decategorization project in the community empowerment area. The Act provides a corresponding provision to apply similar requirements for such governing boards under Code Section 232.188, relating to child welfare funding decategorization.

The Act directs the Iowa Empowerment Board to develop a recommended funding distribution formula for School Ready Children Grants to initially be applicable to FY 2001-2002. The formula is to include general population and child population factors, plus a base amount. The recommended formula is to be submitted to the Governor and General Assembly by December 15, 1999. The Act adjusts the duration of School Ready Children Grants (originally to be three years) to allow for uniform application of the funding allocation formula. The Act prescribes the adjustment of School Ready Children Grant moneys and grant durations in FY 1999-2000 to place new and existing grants on the same cycle. The appropriations Act for education, S.F. 464, includes an increase in the appropriations for these grants of $5.2 million for a total of $10.4 million. Of that amount, $200,000 is allocated for the Iowa Empowerment Office and for technical assistance. If unobligated grant funding can be identified, the Iowa Empowerment Board may use the funding to provide partial assistance to those areas with excessive liability insurance costs.

The Act directs the Code Editor to transfer Code Chapter 7I, as amended by the Act and any other enactment during the 1999 Legislative Session, to or near Code Chapter 28L. Under the organizational structure of the Iowa Code, Code Chapter 28 and the succeeding lettered chapters constitute the "Joint Governmental Activity" subtitle of the "State Sovereignty and Management" title.

Certain provisions take effect July 1, 1999, but the majority of the Act takes effect upon enactment, May 27, 1999.

HOUSE FILE 172 - Adoption Procedures(full text of act)

BY COMMITTEE ON JUDICIARY. This Act makes changes relating to adoption investigations, reports and counseling. The Act specifies the individuals who may perform a background information investigation and report, requires that the report be filed with the court prior to the adoption hearing, and requires that a copy of the report be provided to the adoption petitioner within 30 days after the filing of the adoption petition.

The Act strikes existing language pertaining to the official immigration documentation necessary in the adoption of a child whose country of origin is other than the United States, and substitutes language that allows the state to accept documentation from the country of origin demonstrating a legal release or approval for adoption.

The Act amends language pertaining to the offering of three hours of counseling prior to a decision to release custody, and specifies by whom the counseling may be offered, requires written acknowledgment of the offering and the acceptance or refusal of counseling by the biological parents, and provides that, when practicable, the person who provides counseling is to provide an affidavit certifying that counseling was provided.

HOUSE FILE 311 - Foster Care-Related Damages - State Liability(full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to state compensation for claims for damages involving individuals providing foster home, guardian or conservator services.

Code Section 237.13, establishing the Foster Home Insurance Fund administered by the Department of Human Services, is amended in a number of ways, including the following:

• The Act provides compensation for valid claims for property damage at replacement cost.
• The Act repeals a subsection exempting the fund from liability for any claim for which compensation is provided by, or is available from, any other source, including the child's own funds.
• The Act repeals a provision specifying that the fund is not liable for the liability of a foster parent due solely to the foster parent's failure to obtain automobile or homeowner's insurance.
• The Act exempts the fund from liability for the first $100 for all claims involving occurrences in a single foster home during the course of a fiscal year. Prior law exempted the fund for the first $75 for each occurrence. The Act changes the annual limitation on all claims to apply to the fiscal year rather than the calendar year. The Act includes a transition provision relating to the foster home's per claim liability and overall liability, due to the change from the calendar year to the state fiscal year. Under the transition provisions, the limit in effect for claims during the calendar year beginning January 1, 1999, applies through June 30, 1999, and the provision takes effect upon enactment, April 23, 1999.

HOUSE FILE 403 - Fingerprinting and Criminal Disposition Report Procedures(full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides for the mandatory fingerprinting of a juvenile who has been taken into custody and charged with an offense greater than a simple misdemeanor. The Act further provides for the mandatory fingerprinting of all persons arrested for any misdemeanor greater than a simple misdemeanor and provides that fingerprints may be taken of persons other than a juvenile charged with a simple misdemeanor that carries a penalty enhancement. The Act requires fingerprinting if a person other than a juvenile is convicted of a simple misdemeanor that carries a penalty enhancement. The Act and existing law exempt the fingerprinting of persons arrested for serious misdemeanor violations under Code Chapter 321 or 321A, which mostly include traffic charges.

Current law requires that a disposition report on every arrest or criminal charge be submitted to the Department of Public Safety for the purpose of generating crime statistics. The arresting law enforcement agency completes a portion of the report and existing law requires the report to be forwarded to the county attorney for completion. The Act provides that a law enforcement agency taking a juvenile into custody may provide a juvenile court officer with the disposition report for completion of the report. In addition, the Act provides that the juvenile court officer who received the disposition report must complete and submit the report to the department if a formal charge is not filed. If a charge is filed, the disposition report must be forwarded to either the clerk of the district court or the juvenile court so the report may be finished and submitted to the department when the case is completed.

HOUSE FILE 761 - Child Care - Miscellaneous Provisions(full text of act)

BY COMMITTEE ON APPROPRIATIONS. This Act makes numerous changes to child care provisions administered by the Department of Human Services (DHS).

The Act makes terminology changes throughout the Iowa Code. The term "child day care" is changed to "child care" and references to family and group "day care" homes are changed to "child care" homes.

The Act amends the definitions in Iowa Code Chapter 237A, relating to child care. With the amendments, child care provided by a relative and care provided in the child's home are now defined as child care. Additions are made to the list of activities that are exempt from regulation as child care.

The Act amends various statutes and directs DHS to revise administrative rules and other provisions relating to the two major funding streams for public funding of child care assistance: State Child Care Assistance, which is targeted to low-income families, and Family Investment Program (FIP) assistance provided to families participating in that program. The purpose of the changes is to provide assistance in a manner that is "seamless" to those receiving it. In order to implement the change, a major element is eliminated in the process used to determine the grant amount in the FIP Program. This element disregarded a certain amount of FIP participant-earned income as a means of assistance for child care expenditures. Instead, the eligibility criteria, payment methodology, and payment rates for the two major funding streams will be uniform. Persons who are receiving, on June 30, 1999, transitional child care benefits after leaving the FIP Program may continue to receive the services until their eligibility expires or they no longer meet program requirements. The provisions requiring rules changes and continuing eligibility for transitional child care assistance take effect upon enactment, May 27, 1999.

The Act expands an existing pilot project which provides registration levels for child care home providers to other counties, in addition to the initial two counties. The Act requires DHS to implement the pilot project in at least one county in each of the five DHS regions, and DHS may implement the project in an additional county in each region. The department is to report implementation information to the Governor and General Assembly.

The Act makes a number of changes to child care regulatory provisions. The Act repeals provisions for involvement of child care center and home provider staff in employee record check evaluations. Parents are to be notified at the time an employee or other person associated with a child care provider is found to have committed child abuse. In addition, parents are to be notified at the time of an initial action to suspend or revoke a registration or license. The Act authorizes the department to reduce a previously issued license to a provisional license and to develop a proposal for consideration by the General Assembly for levying civil penalties for regulation infractions. The Act authorizes county attorneys to file injunctions to restrain persons from providing child care in violation of state law.

The Act directs the departments of Education, Human Services and Public Health to jointly establish a leadership council to develop a proposal for implementation of a statewide child care provider training and development system. The council is directed to submit an initial proposal to the three departments in December 1999. This part of the Act takes effect upon enactment, May 27, 1999.

RELATED LEGISLATION

SENATE FILE 101 -- Contraband in Prisons and Detention Facilities (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act amends Code Sections 719.7 and 719.8, regarding the furnishing of controlled substances and intoxicating beverages at a detention facility.

SENATE FILE 216 -- Commitment of Sexually Violent Predators (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides that certain child abuse records shall not be expunged for a period of 30 years and shall be made available to the Department of Justice for the purpose of committing sexually violent predators.

SENATE FILE 221 -- Public Assistance - Family Investment Program - Individual Development Accounts (Complete summary under HUMAN SERVICES.)

This Act allows the Department of Human Services to require Family Investment Program applicants to commit to a signed, written statement of the initial steps the applicants will take to achieve self-sufficiency.

SENATE FILE 248 -- Acquired Immune Deficiency Syndrome - Miscellaneous Provisions (Complete summary under HEALTH & SAFETY.)

This Act replaces the statute pertaining to acquired immune deficiency syndrome (AIDS), currently divided into subchapters, with a new chapter that combines the subchapters and makes changes to the chapter. The provisions relating to HIV-related testing of minors are amended to eliminate the provision that if a person who personally applies for services, screening or treatment is a minor, the fact that the minor sought services or is receiving services, screening or treatment is not to be reported or disclosed except for statistical purposes. The Act retains the provision that confirmed positive HIV test results are to be reported to a minor's legal guardian.

SENATE FILE 283 -- 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, 1999, and for the state fiscal year beginning July 1, 1999. The Act includes funding for various programs involving children and families, including Child Care and Development, Maternal and Child Health Services, Community Services, and Social Services Block Grants.

SENATE FILE 294 -- Sex Offender Registration - Risk Assessments - Dissemination of Information (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act amends Code Chapter 692A, regarding the sex offender registry, by making changes relating to lifetime registration for certain sex offenders, the performance of risk assessments, and the procedures for dissemination of registry information to agencies and the public.

SENATE FILE 361 -- Appropriations - Substance Abuse and Sexual Abuse (Complete summary under APPROPRIATIONS.)

This Act provides funding and establishes programs for enforcement, prevention, education, and treatment for substance abuse, especially methamphetamine abuse, and sexual abuse, and for programs for at-risk youth. The Act provides for various education programs, such as the Strengthening Families Program, designed to assist youth and families in resisting the desire to engage in inappropriate drug use.

SENATE FILE 367 -- Child-Custody Jurisdiction and Enforcement (Complete summary under CIVIL LAW, PROCEDURES & COURT ADMINISTRATION.)

This Act, the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), updates the Uniform Child Custody Jurisdiction Act (UCCJA). The revisions of the jurisdictional aspect of the UCCJA may include those relating to home state priority, emergency jurisdiction, exclusive continuing jurisdiction, specification of custody issues covered, the role of best interests, remedies, and enforcement.

HOUSE FILE 38 -- Adoption Information Form (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act eliminates references to a no longer existing federal requirement that an adoption information form, completed by the petitioner, containing data specified under federal regulations, be attached to an adoption petition and attached to a certified copy of the adoption decree.

HOUSE FILE 136 -- Sex Offender Registry - Offenses Covered (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act amends the Sex Offender Registry Code chapter by making changes to definitions and prohibiting a criminal or juvenile justice agency from initiating public notification of certain offenders on the sex offender registry.

HOUSE FILE 255 -- Child Custody Orders - Visitation Between Siblings (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides that if parents have more than one minor child and the court awards physical custody of one or more of the children to each parent, the custody order must include a provision directing the parents to allow visitation between the children. The requirement is to be included upon application by either parent and if reasonable and in the best interest of the children.

HOUSE FILE 497 -- Public Health - Miscellaneous Programs and Issues (Complete summary under HEALTH & SAFETY.)

This Act provides for several changes related to the administration of programs under the purview of the Iowa Department of Public Health and health-related professional licensing and regulatory boards. The Act provides the department and boards with access to dependent adult and child abuse records; makes changes and updates regarding the Council on Chemically Exposed Infants and Children; provides that funds transferred to the Iowa Department of Public Health from the state Department of Transportation from revenues derived from the "Love Our Kids" license plates shall not revert to the General Fund of the State; and requires the Iowa Department of Public Health and the Department of Human Services to review and make recommendations to the General Assembly regarding implementation of an affidavit process to overcome paternity established by operation of law when the established father and mother of the child are or were married to each other at the time of conception or birth of the child, and to simultaneously establish paternity of the biological father.

HOUSE FILE 633 -- Child Visitation Rights - Murder of Other Parent (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act prohibits a child from visiting a parent convicted of first degree murder of the child's other parent, unless visitation is in the best interest of the child. The Act specifies considerations for the court in determining the best interest of the child.

HOUSE FILE 741 -- Psychiatric Medical Institutions for Children - Authorization Requirements (Complete summary under HEALTH & SAFETY.)

This Act relates to the authorization requirements for psychiatric medical institutions for children that are licensed by the Department of Inspections and Appeals. The Act takes effect April 22, 1999.

HOUSE FILE 760 -- Appropriations - Human Services (Complete summary under APPROPRIATIONS.)

This Act provides appropriations to the Department of Human Services (DHS) for FY 1999-2000, and includes provisions related to human services and health care. The Act provides that DHS may transfer federal TANF funds to the Child Care and Development Block Grant and then allocate funding to community empowerment areas based upon criteria in the Act; directs DHS, in consultation with the Iowa Department of Public Health and the state Department of Education, to continue to utilize the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) funding under the Medical Assistance (Medicaid) (MA) Program, to the extent possible, to implement the screening component of the EPSDT program through the school system, utilizing maternal and child health centers, the Public Health Nursing Program, or school nurses; directs DHS to evaluate the feasibility and fiscal impact of implementing 12-month continuous eligibility for children eligible for MA; directs DHS to develop a process for enrollment that eliminates the face-to-face interview for children eligible for MA only; authorizes emergency rulemaking to implement a provision that allows DHS to disregard resources, other than monthly income, in determining eligibility for children under the MA program; appropriates $10.25 million to DHS for maintenance of the state Children's Health Insurance Program and receipt of financial participation (and codifies the trust fund for this program, known as the Healthy and Well Kids in Iowa [HAWK-I] Program); provides an appropriation that maintains the current level of funding for state child care assistance and child day care resource and referral services and relocates the appropriation for protective child care to the budget line item for child and family services; appropriates funding for court-ordered services provided to juveniles and for child support enforcement; provides a new appropriation of $60,000 to provide training and education to therapists and others who provide services to children with reactive attachment disorder; extends the completion date for the independent evaluation of the child protection system required under 1997 Iowa Acts, to July 1, 2000; and establishes a High Quality Child Day Care Providers Program to provide for designation of child day care providers as gold seal quality child day care providers.

HOUSE FILE 773 -- Child Support Enforcement - Miscellaneous Provisions (Complete summary under HUMAN SERVICES.)

This Act relates to child support enforcement, including subsidies provided to permanent guardians of children, income withholding orders procedures, and payments to financial institutions for conducting data matches.

HOUSE FILE 782 -- Miscellaneous Supplemental and Other Appropriations and Provisions (Complete summary under APPROPRIATIONS.)

Division V of this Act amends S.F. 193, as it relates to expanding the requirements placed on guardians ad litem for children in juvenile cases by making the attendance at Department of Human Services staff meetings or case conferences, and at meetings with medical or mental health providers, service providers, organizations, or educational institutions, discretionary. In addition, the order appointing a guardian ad litem does not have to specify the duty of the guardian ad litem to interview relevant people and inspect and copy relevant documents and records. The Division also provides for the suspension or revocation of a child's driver's license or operating privilege if the child commits an assault upon an employee of a school with intent to inflict serious injury, carries a dangerous weapon on school grounds, or carries or transports a firearm on school grounds.

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? lsbinfo@staff.legis .state.ia.us.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: SAT July 10 1999
sw/sam