CHILDREN AND YOUTH

SENATE FILE 2166 - Child Endangerment - Death of a Child or Minor
HOUSE FILE 2150 - Child Endangerment - Possession or Manufacture of Specified Controlled Substances
HOUSE FILE 2327 - Child Abuse Assessment and Training
HOUSE FILE 2328 - Disclosure of Department of Human Services Records and Information
HOUSE FILE 2350 - Family Investment Program Eligibility Requirements
HOUSE FILE 2462 - Child Welfare Pilot Projects
HOUSE FILE 2481 - Child in Need of Assistance Dispositional Orders

RELATED LEGISLATION

SENATE FILE 2059 - Birth Certificate Fees - Appropriation

SEE APPROPRIATIONS. This Act provides for a standing appropriation of fees generated from the registration of certificates of birth. The fees are appropriated for primary and secondary child abuse prevention programs and for the Birth Defects Institute Central Registry. The Act takes effect March 18, 2004.

SENATE FILE 2066 - Motor Vehicle Safety - Child Restraint Systems

SEE TRANSPORTATION. This Act revises requirements for the use of child restraint systems and safety belts for children being transported in motor vehicles and provides for an 18-month phase-in of the new law.

SENATE FILE 2209 - Immunizations - Mercury Content - Reimbursement

SEE HEALTH & SAFETY. This Act prohibits early childhood immunizations administered in Iowa beginning January 1, 2006, with some exceptions, from containing more than trace amounts of mercury.

SENATE FILE 2234 - Child Custody and Visitation

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act provides for the provision of a minimum visitation schedule between a child and noncustodial parent under a temporary order for custody, unless the court determines that the visitation is not in the best interest of the child, and also allows a father to petition for visitation or custody during the same action as that which establishes paternity.

SENATE FILE 2288 - Federal Block Grant Appropriations

SEE APPROPRIATIONS. This Act appropriates federal block grant and other nonstate moneys to state agencies for the federal fiscal year beginning October 1, 2004, and ending September 30, 2005. 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 2298 - Government Funding, Administration, and Regulation - Appropriations and Miscellaneous Changes

SEE APPROPRIATIONS. Divisions V and VI of this Act make appropriations for health and human services and provide numerous related provisions, including appropriations for child welfare, child care, child support, and many other items affecting children. Division X adds the Director of the Department of Economic Development as a voting member of the Iowa Empowerment Board.

HOUSE FILE 22 - Custody and Care of Children - Awards of Physical Care

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act relates to the awarding of joint physical care of a child to joint legal custodial parents upon the request of either parent, and requires the court to provide specific findings of fact and conclusions of law if the court denies the request for joint physical care.

HOUSE FILE 2042 - Blood Donations by Sixteen-Year-Old Persons

SEE HEALTH & SAFETY. This Act allows a person who is 16 years of age to donate blood in a voluntary and noncompensatory blood program with the written permission of the person's parent or guardian.

HOUSE FILE 2176 - Termination of Parental Rights - Abandonment of Child

SEE CIVIL LAW, PROCEDURE & CORRECTIONS. This Act addresses the criteria for the determination of abandonment of a child by a putative father as one of the grounds for termination of parental rights and applies criteria in determining abandonment to both parents, though certain criteria still apply only with regard to the deeming of abandonment of a child by a putative father.

HOUSE FILE 2207 - Substantive Code Corrections

SEE STATE GOVERNMENT. This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities. Changes made include changes to a provision specifying the applicability of the definition of "qualified expert" under the Indian Child Welfare Code chapter and a correction to a provision governing temporary removal hearings in child in need of assistance proceedings.

HOUSE FILE 2362 - Birth Defects Institute - Renamed - Duties

SEE HEALTH & SAFETY. This Act establishes a stillbirths protocol work group and renames the Birth Defects Institute the Center for Congenital and Inherited Disorders.

HOUSE FILE 2390 - Human Services - Miscellaneous Changes

SEE HUMAN SERVICES. This Act makes changes to programs and services under the purview of the Department of Human Services, including the Family Support Subsidy Program, service areas, group foster care placements and other child welfare requirements, and child support.

HOUSE FILE 2527 - Birth Certificate Copies - Biological Parents

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act provides that a biological parent may request a certified copy of the certificate of birth of the parent's child unless the biological parent's parental rights are terminated.

HOUSE FILE 2528 - Modification of Child Custody Orders - Entry of Juvenile Court Dispositional Order

SEE CIVIL LAW, PROCEDURE & CORRECTIONS. This Act allows the district court to consider a juvenile court custody order entered pursuant to Code Chapter 232 when modifying custody or support orders made pursuant to Code Chapter 598.

HOUSE FILE 2537 - Mental Illness, Mental Retardation, Developmental Disability, and Brain Injury Services and Support

SEE LOCAL GOVERNMENT. This Act addresses redesign of the system for services and other support provided for persons with mental illness, mental retardation or other developmental disabilities, or brain injury (MI/MR/DD/BI) and includes a requirement for the Mental Health, Mental Retardation, Developmental Disabilities, and Brain Injury Commission to address a child's transition to adult services in redesigning the children's MI/MR/DD/BI service system.

CHILDREN AND YOUTH

SENATE FILE 2166 - Child Endangerment - Death of a Child or Minor (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act establishes a new class "B" felony penalty for an act of child endangerment resulting in the death of a child or minor, whether or not the act was committed under circumstances manifesting an extreme indifference to human life. Under existing law, a person who kills a child while committing child endangerment by an intentional act, use of unreasonable force, torture, or cruelty resulting in bodily injury, or intending to cause serious injury, or while committing assault upon the child, and the death occurs under circumstances manifesting an extreme indifference to human life, commits murder in the first degree, which is a class "A" felony. Under existing law, a person who engages in a course of conduct including three or more acts of child endangerment within a period of 12 months, where one or more of the acts results in serious injury to the child or minor or results in a skeletal injury to a child under fours years of age, commits a class "B" felony. The Act includes the same enhanced penalty provision as exists for the current class "B" child endangerment felony offense in that the term of confinement is not more than 50 years, rather than the usual maximum sentence for a class "B" felony, which is 25 years.

HOUSE FILE 2150 - Child Endangerment - Possession or Manufacture of Specified Controlled Substances (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act establishes a new child endangerment criminal offense for permitting the presence of a child or minor at a location where amphetamine or methamphetamine is manufactured or possessed with intent to manufacture but there was not a serious injury to the child.

The penalty is a class "D" felony offense, the same penalty as is applicable to a child endangerment offense resulting in bodily injury to a child. This penalty is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. The controlled substance law includes an existing penalty enhancement of an additional five years of confinement for a controlled substance infraction in which an adult manufactures methamphetamine in the presence of a minor. The Act provides that the enhanced penalty is not applicable to a person who has been convicted and sentenced for the new child endangerment offense.

HOUSE FILE 2327 - Child Abuse Assessment and Training (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to child abuse assessment requirements involving notification of parents, interviews of persons alleged to have committed child abuse, and the training of child protection workers employed by the Department of Human Services (DHS).

The duties of DHS upon receipt of a child abuse report are revised. Current law requires DHS to provide written notice to the parents of a child concerning a child abuse assessment, unless the court allows DHS to withhold notification. In addition, for a parent alleged to have committed the abuse, the Act requires DHS to inform the parents regarding the complaint or allegation made regarding the parent. When DHS is conducting an interview of the person alleged to have committed the reported child abuse, a similar requirement for the person to be informed of the complaint or allegation made regarding the person applies. The parents or person are required to be informed in a manner that protects the confidentiality rights of the person who reported the abuse.

Requirements for training and educational programs regarding child abuse are revised to apply new training requirements for child protection workers and other departmental employees who provide services to or otherwise work directly with children or families for whom child abuse has been alleged. The training is required to address the legal rights of children and family members throughout the period of involvement with the department, beginning with the child abuse report and ending with the department's closure of the case. The training is also to include instruction in the Fourth Amendment to the U.S. Constitution (protection against unreasonable search and seizure) and parents' legal rights.

HOUSE FILE 2328 - Disclosure of Department of Human Services Records and Information (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to Department of Human Services (DHS) child protection confidentiality requirements involving cases of child fatality or near fatality. Statutory restrictions involving confidentiality of DHS records are revised to allow an exception for disclosure of information for certain cases of child abuse involving a child fatality or near fatality. The information subject to disclosure includes names and addresses of individuals receiving services or assistance from DHS, the types of services or amounts of assistance provided, information concerning the social or economic conditions or circumstances of particular individuals who are receiving or have received services or assistance from DHS, and agency evaluations of information about a particular individual.

The term "near fatality" used in reference to child abuse is rewritten to mean an injury to a child that, as certified by a physician, placed the child in serious or critical condition.

Current law providing a procedure for the Governor and designees of legislative leaders to receive confidential information on child abuse cases involving a fatality or near fatality to a child is revised. The Act requires the sharing of such information to be through a confidential meeting with the designees. Removal of written materials distributed at the meeting and redissemination of confidential information disclosed at the meeting is prohibited. In addition to issuing a report to the Governor, which is allowed under current law, a participant in the meeting is now allowed to make general public statements concerning the department's handling of the case of child abuse.

Current law authorizes the Governor to request and receive disclosure of confidential information concerning any specific case of child abuse. This authority is expanded to include the Governor's designee.

Existing law allowing any person to request and receive information concerning a case of child abuse involving a fatality or near fatality to a child is amended to allow release of other confidential information in addition to child abuse information. If the request is received before or during performance of a child abuse assessment of the case, initially the Director of Human Services or the director's designee must inform the requestor whether or not the assessment will be or is being performed. Otherwise, within five days of receiving the request or completing the assessment, whichever is later, the director or designee must release the information.

The additional confidential information to be released by the department was later amended by H.F. 2390 (see Human Services), to include relevant information concerning the child and the child's family, the department's response and findings, a summary of information whether or not social services were being utilized, recommendations made by the department to the county attorney or juvenile court, and a summary of an evaluation of the department's responses.

Existing law regarding information released in cases involving a child fatality or near fatality includes a list of information items that are restricted from release. This list is also applicable to the report issued by a special Child Fatality Review Committee appointed by the Director of Public Health. The Act removes a restriction against the release of information pertaining to the child, the child's family, or any other person who is not directly related to the cause of the fatality or near fatality.

A procedure is established for use if it is determined that release of additional social service information in child fatality and near fatality cases would be in the public interest or for the department to release as a response when the subject of a child abuse report or someone involved with a child abuse assessment publicly releases or discusses confidential child abuse information. The Director of Human Services or the director's designee may request the juvenile court to review the confidential information proposed to be released in a closed session and to issue an order authorizing the release.

Existing law in Code Section 235A.24 allows a requestor of information regarding a case involving a child fatality or near fatality whose request is denied by DHS to seek relief from the court. The Act also allows relief if the requestor does not believe DHS has substantially complied with the request.

HOUSE FILE 2350 - Family Investment Program Eligibility Requirements (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to Family Investment Program (FIP) eligibility requirements involving motor vehicle equity and required school attendance, and addresses FIP agreements.

Under current law, a certain amount of the equity value of a motor vehicle is disregarded in determining a family's initial and continuing eligibility for FIP. The disregard is applicable to each adult and working individual age 19 or younger. The Act instead applies the disregard to the value of one motor vehicle regardless of value, provides that the equity value of any additional motor vehicle is applied to the overall resource limitations applicable to the family, and eliminates the applicability of the disregard to each individual. The motor vehicle disregard change is initially applicable during fiscal year 2004-2005 on a date to be identified in administrative rule adopted by the Department of Human Services (DHS).

One of the exemptions from the requirement that a FIP participant family member enter into a family investment agreement (FIA) is revised. The exemption is applicable to a family member age 16 through 18 who is not a parent and is attending K-12 school on a full-time basis. The Act provides that if such an individual loses this exempt status and has signed an FIA, the individual is subject to the agreement until the terms are completed.

A new participation option is provided that may be included in the terms of an FIA to allow the self-sufficiency plan for an individual or family with an acknowledged barrier to be specified in one or more FIAs.

The requirements for a limited benefit plan applicable to FIP participant families and individuals who choose to be noncompliant with a FIP requirement are revised. A limited benefit plan will no longer be applicable to a specified relative with whom a child resides. An exception that limits the applicability of a limited benefit plan to an individual, instead of the whole family, is expanded to include a needy relative who assumes the role of a parent. That exception is narrowed to no longer apply to a stepparent whose needs are included in assistance because of caregiving.

Code Section 239B.2A is repealed. This statute requires the parent or other specified relative of a child receiving cash assistance under FIP to cooperate with efforts to ensure the child completes educational requirements through the sixth grade. Under the statute, the agreement to cooperate is a condition required of those applying for FIP and for continued eligibility for FIP assistance, and failure to cooperate makes the family subject to a sanction reducing the family's cash benefit.

In addition, corresponding references are eliminated that provide for DHS involvement in the truancy process outlined in the Compulsory School Attendance Law. The eliminated provisions included authority for a school truancy officer to release information to DHS and for DHS to provide information to the officer.

HOUSE FILE 2462 - Child Welfare Pilot Projects (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act requires the Department of Human Services (DHS) to implement two types of child welfare pilot projects.

For the first type of project, DHS is directed to implement one or more child welfare diversion and mediation pilot projects through the offices of the county attorney. Projects are to be implemented beginning in FY 2004-2005 in separate counties. These pilot projects are to divert child welfare cases, improve permanency for children, promote family unification, and reduce state expenditures. The projects are to assist DHS in data collection to evaluate effectiveness. An initial evaluation is due to the General Assembly on or before December 15, 2007. Savings attributed to the pilot projects may be allocated to the projects to assist with operating expenses.

For the second type of project, DHS is directed to implement a family case staffing approach in at least two counties. Unless DHS determines it would not be in the child's best interest, the staffing would be held prior to a child in need of assistance petition being filed. This pilot project has the same purposes as the first pilot project.

HOUSE FILE 2481 - Child in Need of Assistance Dispositional Orders (full text of bill)

BY COMMITTEE ON JUDICIARY. This Act expands the circumstances by which the juvenile court may modify, vacate and substitute, or terminate a child in need of assistance dispositional order.

Existing law under Code Section 232.103 authorizes the court, upon a motion or upon the court's own motion, to terminate an order and release the child if the court finds the purposes of the order have been accomplished and the child is no longer in need of supervision, care or treatment. The Act expands this authority to also include modification of a dispositional order or vacation and substitution of a dispositional order. Additional grounds are provided for use of the authority if the court finds that the purposes of the order cannot reasonably be accomplished, the efforts made to effect the purposes of the order were unsuccessful and other viable options are unavailable, or the purposes have been sufficiently accomplished and the continuation of supervision, care or treatment is unjustified or unwarranted.

If a child is subject to a dispositional order for an out-of-home placement, a change in the level of care requires modification of the order and a hearing on a motion to modify a dispositional order is required. However, if all parties agree, the Act allows the hearing to be waived.