Senate File 2242 H-8276 Amend Senate File 2242, as passed by the Senate, as 1 follows: 2 1. Page 1, by striking lines 1 through 9 and 3 inserting: 4 < Section 1. Section 232.95, subsection 2, paragraph 5 a, subparagraph (1), Code 2011, is amended to read as 6 follows: 7 (1) If removal is ordered, the court must, in 8 addition, make a determination that continuation of 9 the child in the child’s home would be contrary to the 10 welfare of the child, and that reasonable efforts, as 11 defined in section 232.102 , have been made to prevent 12 or eliminate the need for removal of the child from 13 the child’s home. In determining the welfare of the 14 child, the court shall first consider the stability of 15 the child’s home. 16 Sec. 2. Section 232.96, subsection 10, paragraph a, 17 Code 2011, is amended to read as follows: 18 a. A determination that continuation of the child 19 in the child’s home would be contrary to the welfare of 20 the child, and that reasonable efforts, as defined in 21 section 232.102 , have been made to prevent or eliminate 22 the need for removal of the child from the child’s 23 home. In determining the welfare of the child, the 24 court shall first consider the stability of the child’s 25 home. The court’s determination regarding continuation 26 of the child in the child’s home, and regarding 27 reasonable efforts, including those made to prevent 28 removal and those made to finalize any permanency plan 29 in effect, as well as any determination by the court 30 that reasonable efforts are not required, must be 31 made on a case-by-case basis. The grounds for each 32 determination must be explicitly documented and stated 33 in the court order. However, preserving the safety of 34 the child is the paramount consideration. If imminent 35 danger to the child’s life or health exists at the 36 time of the court’s consideration, the determinations 37 otherwise required under this paragraph shall not be a 38 prerequisite for an order for temporary removal of the 39 child. 40 Sec. 3. Section 232.102, subsection 5, paragraph b, 41 Code 2011, is amended to read as follows: 42 b. In order to transfer custody of the child under 43 this subsection , the court must make a determination 44 that continuation of the child in the child’s home 45 would be contrary to the welfare of the child, and 46 shall identify the reasonable efforts that have been 47 made. In determining the welfare of the child, the 48 court shall first consider the stability of the child’s 49 home. The court’s determination regarding continuation 50 -1- SF2242.4814 (2) 84 jp/nh 1/ 2 #1.

of the child in the child’s home, and regarding 1 reasonable efforts, including those made to prevent 2 removal and those made to finalize any permanency plan 3 in effect, as well as any determination by the court 4 that reasonable efforts are not required, must be 5 made on a case-by-case basis. The grounds for each 6 determination must be explicitly documented and stated 7 in the court order. However, preserving the safety of 8 the child is the paramount consideration. If imminent 9 danger to the child’s life or health exists at the 10 time of the court’s consideration, the determinations 11 otherwise required under this paragraph shall not 12 be a prerequisite for an order for removal of the 13 child. If the court transfers custody of the child, 14 unless the court waives the requirement for making 15 reasonable efforts or otherwise makes a determination 16 that reasonable efforts are not required, reasonable 17 efforts shall be made to make it possible for the child 18 to safely return to the family’s home. > 19 2. Page 2, after line 4 by inserting: 20 < Sec. ___. SIBLING INTERACTION WITH CHILDREN IN 21 COURT-ORDERED PLACEMENTS —— REPORT. The department 22 of human services shall report on or before May 1, 23 2013, to the governor and general assembly providing 24 information regarding the status of the efforts 25 made by the department and others involved with the 26 child welfare system to comply with the requirements 27 of section 232.108 regarding sibling placements 28 and visitation, or other ongoing interaction. The 29 information shall address recent efforts and efforts 30 made during previous fiscal years. > 31 3. By renumbering as necessary. 32 ______________________________ COMMITTEE ON HUMAN RESOURCES L. MILLER of Scott, Chairperson -2- SF2242.4814 (2) 84 jp/nh 2/ 2 #2. #3.