2001 Summary of Legislation CHILDREN AND YOUTH Published by the Iowa General Assembly -- Legislative Service Bureau

CHILDREN AND YOUTH LEGISLATION

SENATE FILE 63 - Child Endangerment (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act relates to child endangerment violations and the penalties for these violations under the Criminal Code. The Act is popularly referred to as the "boyfriend bill."

   The Act amends Code Section 726.6, relating to child endangerment, in several ways. Under current law, child endangerment violations can only be committed by a parent, guardian, or person having custody or control of a child or minor under the age of 18 with a mental or physical disability. In the Criminal Code, "child" is defined as a child who is under the age of 14. The Act adds a person who is a member of the household in which a child or minor resides as a potential child endangerment violator.

   In addition, the term "person having control or custody of a child or minor" is defined to include any of the following: a person who has accepted, undertaken or assumed supervision of the child or minor from the parent or guardian; a person who has undertaken or assumed temporary supervision of the child or minor without explicit consent from the parent or guardian; or a person who operates a motor vehicle with a child or such a minor present in the vehicle.

   The list of child endangerment acts is amended to include acts intended to cause bodily injury. Penalties are revised to provide that an act of child endangerment resulting in bodily injury is a class "D" felony and an act of child endangerment that does not result in bodily injury or serious injury is an aggravated misdemeanor.

   Current law provides that a felonious act of child endangerment is a forcible felony. The Act provides that a class "D" felony act of child endangerment resulting in bodily injury is not a forcible felony

SENATE FILE 355 - Custody of Newborn Infants -- Release at Institutional Health Care Facilities -- Parental Rights (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act, known as the "Newborn Safe Haven Act," allows a parent of a newborn infant to voluntarily release custody of that infant at an institutional health facility such as an emergency room or health care facility that is open 24 hours per day, seven days per week. "Newborn infant" means a child who is, or appears to be, less than 14 days of age or younger. The parent is immune from criminal charges for neglect or abandonment of the infant.

   The parent may authorize another person to assist by relinquishing actual custody of the infant on behalf of the parent. A person who assists in this manner has civil and criminal immunity for reasonable acts made in good faith while assisting.

   The Act does not require the parent or person assisting to relinquish physical custody directly to an individual on duty at the facility. However, the parent may telephone the facility or a 911 service to make someone aware that the infant has been left. For purposes of any judicial proceedings associated with the infant, the Act presumes that the person relinquishing custody is the infant’s parent or that the person relinquishing custody is authorized to do so by the parent.

   The Act requires an individual on duty at the health facility to take physical custody of the infant and that individual may request the parent or parent’s name and medical history information. However, the parent or other person is not required to provide any information. The Act includes confidentiality protections prohibiting unauthorized disclosure of information regarding the custody release and a serious misdemeanor penalty. The confidentiality provisions allow the infant to later have access to any record made regarding the release of custody.

   The Act provides that the health facility staff may perform reasonable actions to protect the health and safety of the newborn infant and provides civil and criminal immunity for these actions. The Department of Human Services (DHS) is responsible for reimbursing a facility’s actual expenses in providing care to the infant.

   The Act requires the institutional health facility staff to notify the department as soon as possible following assumption of physical custody of the infant and requires the department to act to assume custody of the infant. These actions include orally notifying the juvenile court and the county attorney, requesting an ex parte order to take custody of the infant, and providing written notification to the juvenile court and the county attorney of the department’s actions within 24 hours of taking custody of the infant. The Act requires the county attorney, following receipt of notice, to file a petition alleging the infant is a child in need of assistance (CINA) and for termination of parental rights with respect to the infant. The Act requires the CINA hearing to be held at the earliest practicable time and the termination hearing to be held within 30 days of the date the infant was left at the facility, unless the juvenile court continues the hearing. An appeal of the termination order must be filed within 30 days of the order’s issuance.

   The Act requires notice of the petition to be provided to any known parent, any putative father registered with the state, the individual at the health facility who received custody of the infant, attorneys and guardians for the infant, and others required by the Juvenile Justice Code. Notice of the termination hearing must be published twice prior to the hearing. Either parent may intervene in the hearings and request that the court grant custody of the child to the parent. In order for custody to be granted, the requestor must prove parentage of the child and the court must determine that granting custody is in the infant’s best interest. If the court grants custody to the requestor, the court may order services for the infant and the parent.

   The Act requires DHS to consult with the departments of Public Health and Justice in developing and distributing the following materials: an information card that a health facility may distribute to an individual who uses the Act to release custody of a newborn infant; educational materials, announcements, and other materials to develop public awareness of the Act; and signage to identify health facilities that may be used for releasing custody of a newborn infant.

   The Act takes effect April 24, 2001.

SENATE FILE 392 - Appeals From Juvenile Court (full text of act)

   BY COMMITTEE ON JUDICIARY. This Act relates to appeals filed in juvenile court proceedings. The Act provides that an appeal shall be heard by the appellate court at the earliest practicable time, if the order or decree from the juvenile court affects the custody of a child. The Act also authorizes the Supreme Court to prescribe new rules to expedite appeals from orders terminating parental rights.
SENATE FILE 458 - Services and Proceedings Involving Juvenile Delinquents and Other Children

   BY COMMITTEE ON HUMAN RESOURCES. This Act relates to children’s programs and provisions involving the Department of Human Services (DHS) and the juvenile court, including the Foster Home Insurance Fund, group child care providers, juvenile delinquents and child in need of assistance (CINA) dispositions, termination of parental rights, staff qualifications for certain children’s services providers, and psychiatric medical institutions for children.

   FOSTER HOME INSURANCE FUND. The fund’s provisions are amended to add coverage for guardians appointed on a voluntary petition filed under the Juvenile Justice Code.

   CHILD CARE PROVISIONS. The Act strikes language applying a separate cap on the number of preschool children who may receive care from a joint group child care provider. Such a provider is limited to caring for up to 11 children at one time with not more than four of infant age.

   Under current law, the department is operating a pilot project that combines registered family child care homes and group child care homes into a single registered child care home classification with four levels. The pilot project was authorized to operate in up to two counties in each of the department’s five regions. The Act authorizes the department to implement the pilot project in additional counties where there is an interest.

   JUVENILE DELINQUENCY PROVISIONS. Due to federal requirements for financial participation in the costs of out-of-home placements of children, Iowa law for CINA placements has required court orders to include determinations regarding the child’s welfare and the reasonable efforts made to prevent or eliminate the need for the out-of-home placement. The Act authorizes the court, if the court deems it appropriate, to include child welfare and reasonable efforts determinations in an order under juvenile delinquency proceedings placing a child in an out-of-home placement in shelter care or detention, or transferring legal custody of the child to an adult relative, child placing agency, or other private agency, to DHS for foster care or state training school placement, or to a juvenile court officer for placement involving a community supervised treatment program. The Act provides a definition of the term "reasonable efforts" that is applicable to all juvenile delinquency proceedings and other provisions of the juvenile delinquency division of the Act. This definition is similar to the definition used for CINA proceedings.

   The Act provides that a written court order for such an out-of-home placement may include the determination that the child remaining in the child’s home would be contrary to the child’s welfare and that reasonable efforts to prevent the permanent removal of the child have been made. The inclusion of such a finding is not to be deemed a prerequisite for entry of the order; however, the inclusion of the finding may assist DHS in obtaining federal funding for the placement.

   The Act amends Code Section 232.53, relating to the duration of depositional orders for out-of-home placements of juvenile delinquents, in regard to the filing of written reports by persons supervising the children who are subject to the orders. The Act makes the reports part of the record considered by the court in any delinquency permanency hearing.

   The Act establishes a process for permanency hearings for the review of those out-of-home placements of a child in which the order included the finding that the child remaining in the child’s home is contrary to the child’s welfare.

   CHILD IN NEED OF ASSISTANCE (CINA) PROVISIONS. The Act amends the requirements for temporary removal of a child from the child’s home pursuant to an ex parte court order. The Act removes a prerequisite that required reasonable efforts to be made to prevent or eliminate the need for removal of the child. The court must still determine that the child remaining in the child’s home would be contrary to the child’s welfare. In addition, the court must make this determination on a case-by-case basis and explicitly document in the order the grounds for making the determination.

   One of the prerequisites in current law for obtaining an ex parte order is that it must appear that the child’s immediate removal is necessary to avoid imminent danger to the child’s life or health. The Act provides that indications of imminent danger include circumstances in which the person responsible for the care of the child refuses or fails to comply with the request of a peace officer, juvenile court officer, or DHS child protection worker to provide results of a physical or mental examination of the child, which may include a test for the presence of illegal drugs. Imminent danger is also indicated if the person responsible for the care of the child or another person who is present in the child’s home refuses or fails to comply with the request from any of the same requestors for the person to submit to and provide the results of a drug test.

   The Act amends requirements for emergency removal of a child without a court order. Under current law, the court must be informed of such an emergency removal. The Act provides that upon being informed, the court may enter an ex parte order for temporary removal of the child.

   The Act amends provisions relating to hearings concerning temporary removal of a child or transfer of custody after a CINA adjudication. If the court determines that a child’s removal from the home is to be continued or ordered, the court must determine that the child remaining in the child’s home would be contrary to the child’s welfare and that reasonable efforts have been made to prevent or eliminate the need for the removal. In addition, the court must make this determination on a case-by-case basis and explicitly document in the order the grounds for making the determination. However, the Act provides that preserving the child’s safety is the paramount consideration and if there is imminent danger to the child’s life or health at the time of the court’s consideration, the court may continue the removal order or make the transfer without making the otherwise required determinations.

   The Act makes the Code Section 232.102 definition of "reasonable efforts" applicable to the entire Child in Need of Assistance Division of Code Chapter 232. Current law provides that if aggravated circumstances exist, the court may waive the requirement for making reasonable efforts to eliminate the need for the out-of-home placement. The Act requires clear and convincing evidence of the existence of aggravated circumstances.

   The Act amends the law relating to termination, modification, vacation, and substitution of dispositional orders in regard to notice of hearings. Under prior law, notice was required to be provided by personal service unless the court ordered it to be provided by certified mail. The Act provides instead that reasonable notice of this type of hearing is to be provided to the parties.

   The Act amends the law relating to permanency hearings under the CINA division. The Act strikes a reference to permanency hearings for juvenile delinquency to conform with the permanency hearing provisions included in the Act for juvenile delinquency. In addition, the notice of the permanency hearings is to be reasonable rather than by personal service or certified mail. The Act modifies the law authorizing the court to order long-term foster care placement in a home or facility as an option. In lieu of long-term foster care placement, the court may order a "planned permanent living arrangement" for the child, provided DHS has documented to the court’s satisfaction a compelling reason that none of these other options are in the child’s best interest: transfer custody to a suitable person, transfer custody from one parent to another parent, or transfer custody to a suitable person for the purpose of long-term care.

   REHABILITATIVE TREATMENT SERVICES STAFF QUALIFICATIONS. The Act directs DHS to change staff qualifications for therapeutic foster care services funded by the Medical Assistance (Medicaid) Program applicable to those staff providing therapy and counseling services, and psychosocial evaluation and behavioral management services. The change allows persons with a bachelor’s degree from an accredited social work program to provide those services without the additional requirement of having full-time experience. The Act authorizes the department to take actions necessary to obtain federal approval for the change and to adopt rules using emergency procedures. This provision takes effect May 16, 2001.

   TERMINATION OF PARENTAL RIGHTS. The Act revises a directive for the county attorney to petition for termination of parental rights. Under current law, unless certain conditions exist, the county attorney must file a petition if a child has been placed in foster care for 15 months or more of the most recent 22-month period. The Act provides that the petition must be filed by the end of the fifteenth month.

   For Juvenile Justice Code hearings that are held following an adjudicatory hearing, the Act provides that reasonable notice must be provided to the persons who were required to be notified of the original adjudicatory hearing, except those who were notified and failed to appear. Current law requires notice to be provided by personal service or certified mail. In addition, in juvenile delinquency proceedings, reasonable notice is to be provided to relatives who are providing preadoptive care to a child and is to be waived for a person who was notified of the adjudicatory delinquency hearing and failed to appear.

   PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN (PMICs). The Act requires the department to work with private providers of PMIC services to eliminate or reduce the requirement that the providers must collect client financial participation in the cost of services. The Act requires the department to submit proposals to the Governor and General Assembly in order to achieve this purpose. Except for PMICs specialized to provide substance abuse treatment, the Act prohibits the department from including PMIC services in any managed care contract without express statutory authorization.

HOUSE FILE 178 - Child Abuse and Protection -- Drug Manufacture or Possession in Child’s Presence (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act applies child in need of assistance (CINA) and child abuse provisions of the Juvenile Justice Code to a child whose parent, guardian or caregiver has manufactured or possessed a dangerous substance in the presence of a child.

   "Dangerous substance" means amphetamine or methamphetamine or precursors to these substances. In addition, the term also includes a chemical or combination of chemicals that pose a reasonable risk of causing a fire or explosion or other danger to the life or safety of persons in the vicinity while the chemical or combination is used or intended to be used in the process of manufacturing an illegal or controlled substance.

HOUSE FILE 560 - Regulation of Child Foster Care (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act relates to child foster care regulations involving medical care and to foster family respite care delivered by child care providers.

   The Act requires the Department of Human Services to adopt rules providing that if health records supplied under a child’s case permanency plan are incomplete, steps will be taken to obtain the additional information from the child’s parent or other source and to supply the information to the foster care provider. In addition, emergency health coverage must be provided for children in family foster care placement for situations in which the child is engaged in temporary out-of-state travel with the foster family.

   The Act establishes an exception related to child care, which does not generally allow child care to be provided for a period of 24 hours or more, so that a registered or licensed child care facility may provide respite care to a licensed foster family home for a period of 24 hours or more.

   The Act takes effect May 2, 2001.

HOUSE FILE 598 - Child Protection Center Grant Program (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act establishes a Child Protection Center Grant Program in the Iowa Department of Public Health. Implementation of the grant program is contingent upon the availability of funding for the program and state funding was not appropriated for FY 2001-2002.

   Eligibility requirements for the program include use of national standards for child protection centers; having in place a memorandum of understanding with local Department of Human Services offices assigned to child protection, local law enforcement, county attorney, and other government entities involved with child protection activities, providing for local participation in the center and coordinating activities in the center; and providing for the use of a cooperative team approach in responding to child abuse, reducing the number of child interviews, and emphasizing the best interest of the child while providing comprehensive investigative, assessment and rehabilitative services.

   The Director of Public Health is to use a broad-based committee of public and private interests to consider grant proposals and to make recommendations to the director.

HOUSE FILE 662 - Community Empowerment Initiative (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act relates to Iowa’s Community Empowerment Initiative.

   The Act authorizes an area education agency to serve as fiscal agent for a community empowerment area board.

   The Act provides a grant distribution directive to the Iowa Empowerment Board in the event at least $17.9 million is appropriated for deposit in the School Ready Children Grants Account of the Iowa Empowerment Fund for fiscal year 2001-2002. However, between S.F. 535 (see Appropriations) and S.F. 537 (see Appropriations), only $15,817,250 was appropriated. Senate File 535, therefore, provides for a percentage reduction from an area’s distribution amount for FY 2000-2001.

   The Act provides legislative intent for the Legislative Council to convene a summit meeting during the 2001 legislative interim to consider the following issues: assessing the status of efforts for the existing programs directed to early childhood and funded by the state to achieve full cooperation; implementing an approach to move toward statewide equalization of funding directed to the initiative and to other state programs for similar purposes; and identifying other age groups or result areas that may be incorporated within or supported by the initiative.

   The Act takes effect May 2, 2001.

HOUSE FILE 680 - Child and Dependent Adult Abuse Reporting (full text of act)

   BY COMMITTEE ON HUMAN RESOURCES. This Act relates to child and dependent adult abuse reporting, including mandatory reporters of abuse, abuse reporter training, and requirements involving false reports of child abuse.

   The following employment categories are added as mandatory reporters of child abuse: all social workers (previously the law designated certain types of social workers), certified para-educators, holders of a school coaching authorization, employees or operators of Head Start programs, Family Development and Self-Sufficiency Grant Program providers, and Healthy Opportunities for Parents to Experience Success -- Healthy Families Iowa (HOPES -- HFI) Program providers.

   For dependent adult abuse, similar to child abuse reporters, all social workers are made mandatory reporters. In addition, any mandatory reporter of dependent adult abuse is required to cooperate and assist in the evaluation of a reported case of dependent adult abuse, whether or not the person reported the case of dependent adult abuse being evaluated.

   For both child and dependent adult abuse mandatory or permissive reporters, employers or supervisors are prohibited from applying a policy, work rule, or other requirement that interferes with a person making an abuse report. A person who knowingly interferes with the making of a report or applies a requirement that results in the failure to make a report is civilly liable for the damages caused by the failure.

   If a fourth child abuse report is made by the same person who made earlier reports identifying the same child as the victim and the same person as the perpetrator and the earlier reports were determined to be entirely false or without merit, under current law, the Department of Human Services may terminate an assessment of the report. The Act requires the department, upon receiving such a report, to provide information regarding the reports to the county attorney for consideration of criminal charges. Knowingly providing false child abuse information is a simple misdemeanor.

   Under prior law, although various licensed professions and licensed or registered facilities and programs were required to meet abuse identification and reporter training requirements, no specific entity was identified as being responsible for ensuring the requirements were met. Current law requires mandatory reporters to have initial training within six months of employment or self-employment and then to have at least two hours of additional training every five years. The Act assigns the responsibility for ensuring compliance with the training requirements to the following: for licensed professionals, to the examining boards for the licensed professions; for mandatory reporters that are in an unlicensed profession but employed in a program subject to state regulation, to the employer as a condition of regulation by the state agency; for peace officers, to the elected or appointed official heading the employing agency; and for state or local government employees, to the appropriate department director or local government administrator.

   For mandatory reporters who are subject to a license examining board, the training requirement must be documented upon license renewal. An examining board may adopt rules providing for waiver or suspension of a person’s compliance with the training requirement for various reasons.

   The training program curriculums for child abuse, for dependent adult abuse, and for persons who report both types of abuse are subject to approval by the appropriate license examining board or by the abuse education review panel established pursuant to the Act by the Director of Public Health.

RELATED LEGISLATION

SENATE FILE 412 -- Compulsory School Attendance Age (Complete summary under EDUCATION.)

   This Act provides that if a child enrolled in a school district or accredited nonpublic school reaches the age of 16 on or after September 15, the child is deemed to be of compulsory attendance age for the entire academic year.

SENATE FILE 525 -- Federal Block Grant Appropriations (Complete summary under APPROPRIATIONS.)

   This Act appropriates federal block grant and other nonstate moneys to state agencies for the federal fiscal year beginning October 1, 2001, and ending September 30, 2002. 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 537 -- Tobacco Settlement Fund Appropriations (Complete summary under APPROPRIATIONS.)

   This Act relates to and makes appropriations from the Tobacco Settlement Endowment Fund and the Healthy Iowans Tobacco Trust. The Act includes an appropriation to the Iowa Department of Public Health for the Tobacco Use Prevention and Control Program, which includes use of funds to promote and ensure retailer compliance with tobacco laws and ordinances relating to persons under 18 years of age, and for Iowa Community Empowerment School-Ready Children Grants.

HOUSE FILE 180 -- Dissolution of Marriage -- Financial Information -- Court-Approved Courses (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act provides that with regard to the course that is required to be completed by parties to an action which involves issues of child custody or visitation, if participation is waived or extended for good cause or is otherwise not required, the court may grant a final dissolution of marriage decree or enter a final custody order even though the parties have not completed the course. However, the court may order that the parties receive the information, in an alternative format, that would otherwise have been provided during participation in the course. The Act also provides that the court, in its discretion in a dissolution of marriage action, may order a trustee to provide information including but not limited to trust documents and financial statements relating to any beneficial interest a party to the pending action may have in the trust.

HOUSE FILE 228 -- State Building Code and Preemployment Records Checks (Complete summary under HUMAN SERVICES.)

   This Act relates to the performance of background checks on persons seeking employment at a residential care or nursing facility.

HOUSE FILE 310 -- Child Support Recovery Unit -- Court Records Access -- Setoff Payments for Support (Complete summary under HUMAN SERVICES.)

   This Act relates to child support enforcement. The Act authorizes the disclosure of certain official juvenile court records and orders relating to paternity, support, or the termination of parental rights to the Child Support Recovery Unit, upon request, without court order. The Act also makes changes relative to orders for support for which an obligation may have accrued during a time period for which a support order was not yet in force.

HOUSE FILE 327 -- Enticing Away and Sexual Exploitation of a Minor (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act makes changes to the criminal offenses of enticing away a child and sexual exploitation of a minor.

HOUSE FILE 458 -- Limitation of Criminal Actions -- Incest -- Sexual Exploitation (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act extends the statute of limitations period for filing a criminal charge of incest and sexual exploitation committed on or with a person under the age of 18 by a counselor or therapist.

HOUSE FILE 567 -- Adoptions -- Interstate Legal Risk Placements and Standby Procedures (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act provides that in the case of an interstate adoption, a child may be placed in the home of a prospective adoptive parent under a legal risk placement prior to the termination of the parental rights of the biological parent of the child. The Act also establishes provisions for a standby adoption, in which a terminally ill parent consents to termination of parental rights and the issuance of a final adoption decree effective upon the death of the terminally ill parent or the request of that parent for the issuance of a final adoption decree.

HOUSE FILE 714 -- Community Development Program -- Tax Credits -- VETOED BY THE GOVERNOR (Complete summary under TAXATION.)

   This bill would have established a Community Development Program, administered by the Department of Economic Development, to provide tax incentives to businesses that make contributions to projects in communities or neighborhoods which would benefit by the projects or that make expenditures to provide child care benefits to their employees. The tax incentives would be in the form of tax credits of up to $100,000 to offset the tax liability under the individual and corporate income taxes, the financial institution franchise tax, the insurance gross premiums tax, and the credit union moneys and credits tax.

HOUSE FILE 726 -- Appropriations -- Health and Human Rights (Complete summary under APPROPRIATIONS.)

   This Act provides for appropriations to the Department for the Blind, the Iowa State Civil Rights Commission, the Department of Elder Affairs, the Governor’s Office of Drug Control Policy, the Iowa Department of Public Health, the Department of Human Rights, and the Commission of Veterans Affairs. The Act requires the Department of Public Health to adopt rules regarding model regulations to be used in instances in which a child is confirmed as lead poisoned.

HOUSE FILE 732 -- Appropriations -- Human Services (Complete summary under APPROPRIATIONS.)

   This Act provides appropriations to the Department of Human Services and includes provisions related to federal Temporary Assistance for Needy Families funds for Community Empowerment Initiative child care programming, child care emergency and start-up grants, assistance to providers of school-age child care, and provision of educational opportunities to child care providers; implementation of the Early and Periodic Screening, Diagnosis, and Treatment Program through the school system; the Medical Assistance Program (Medicaid) eligibility income limit for pregnant women and infants under the mothers and infants category; continued funding for the State Child Care Assistance Program and child care resource and referral services; funding for court-ordered services provided to juveniles and for child support enforcement; and numerous other provisions affecting children.

HOUSE FILE 759 - Miscellaneous Funding Restoration, Reductions, and Other Provisions - SECOND EXTRAORDINARY SESSION (Complete summary under APPROPRIATIONS.)

   This Act addresses public funding and regulatory matters, primarily making supplemental appropriations to restore appropriations that were subject to the Governor's across-the-board reductions of 4.3 percent to executive branch allotments and includes a number of supplemental appropriations for education-related purposes.

© 1998 Cornell College and League of Women Voters of Iowa

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