Senate File 503 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 503
  1  2
  1  3                             AN ACT
  1  4 RELATING TO REGULATION OF CHILDREN'S SERVICES BY THE
  1  5    DEPARTMENT OF HUMAN SERVICES BY INCREASING THE AGE FOR
  1  6    CERTAIN CHILDREN RECEIVING CHILD CARE REGULATED BY THE
  1  7    DEPARTMENT AND REVISING CHILD WELFARE AND JUVENILE JUSTICE
  1  8    SERVICE PROVISIONS.
  1  9
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11
  1 12                           DIVISION I
  1 13                       CHILD CARE SERVICES
  1 14    Section 1.  Section 237A.13, subsection 1, Code 2007, is
  1 15 amended by adding the following new paragraph:
  1 16    NEW PARAGRAPH.  f.  The person's family circumstances are
  1 17 described in paragraph "a", "b", "c", or "d", the person is
  1 18 thirteen years of age or older but younger than sixteen years
  1 19 of age, and state child care assistance is approved for the
  1 20 person by the director or the director's designee based on a
  1 21 request for an exception to policy made by the person's
  1 22 parent, guardian, or custodian because special family
  1 23 circumstances exist that would place the safety and well=being
  1 24 of the person at risk if the person is left home alone.  The
  1 25 definition of child in section 237A.1 does not apply to child
  1 26 care supported by state child care assistance approved
  1 27 pursuant to this lettered paragraph.
  1 28                           DIVISION II
  1 29         INTERSTATE PLACEMENT OF CHILDREN IN FOSTER CARE
  1 30    Sec. 2.  Section 232.2, subsection 4, paragraph e, Code
  1 31 2007, is amended to read as follows:
  1 32    e.  To the extent the records are available and accessible,
  1 33 a summary of The most recent information available regarding
  1 34 the child's health and education records, including the date
  1 35 the records were supplied to the agency or individual who is
  2  1 the child's foster care provider.
  2  2    Sec. 3.  Section 232.2, subsection 4, paragraph i, Code
  2  3 2007, is amended to read as follows:
  2  4    i.  A provision that a designee of the department or other
  2  5 person responsible for placement of a child out of state shall
  2  6 visit the child at least once every twelve six months.
  2  7    Sec. 4.  Section 232.57, subsection 1, Code 2007, is
  2  8 amended to read as follows:
  2  9    1.  For the purposes of this division, unless the context
  2 10 otherwise requires, "reasonable efforts" means the efforts
  2 11 made to prevent permanent removal of a child from the child's
  2 12 home and to encourage reunification of the child with the
  2 13 child's parents and family.  Reasonable efforts shall include
  2 14 but are not limited to giving consideration, if appropriate,
  2 15 to interstate placement of a child in the permanency planning
  2 16 decisions involving the child and giving consideration to
  2 17 in=state and out=of=state placement options at a permanency
  2 18 hearing and when using concurrent planning.  If a court order
  2 19 includes a determination that continuation of the child in the
  2 20 child's home is not appropriate or not possible, reasonable
  2 21 efforts may include the efforts made in a timely manner to
  2 22 finalize a permanency plan for the child.
  2 23    Sec. 5.  Section 232.58, subsection 2, Code 2007, is
  2 24 amended to read as follows:
  2 25    2.  Reasonable notice shall be provided of a permanency
  2 26 hearing for an out=of=home placement in which the court order
  2 27 has included a determination that continuation of the child in
  2 28 the child's home is contrary to the child's welfare.  A
  2 29 permanency hearing shall be conducted in substantial
  2 30 conformance with the provisions of section 232.99.  During the
  2 31 hearing, the court shall consider the child's need for a
  2 32 secure and permanent placement in light of any case permanency
  2 33 plan or evidence submitted to the court and the reasonable
  2 34 efforts made concerning the child.  Upon completion of the
  2 35 hearing, the court shall enter written findings identifying a
  3  1 primary permanency goal for the child.  If a case permanency
  3  2 plan is in effect at the time of the hearing, the court shall
  3  3 also make a determination as to whether reasonable progress is
  3  4 being made in achieving the permanency goal and in complying
  3  5 with the other provisions of that case permanency plan.
  3  6    Sec. 6.  Section 232.102, subsection 10, paragraph a,
  3  7 unnumbered paragraph 1, Code 2007, is amended to read as
  3  8 follows:
  3  9    As used in this division, "reasonable efforts" means the
  3 10 efforts made to preserve and unify a family prior to the
  3 11 out=of=home placement of a child in foster care or to
  3 12 eliminate the need for removal of the child or make it
  3 13 possible for the child to safely return to the family's home.
  3 14 Reasonable efforts shall include but are not limited to giving
  3 15 consideration, if appropriate, to interstate placement of a
  3 16 child in the permanency planning decisions involving the child
  3 17 and giving consideration to in=state and out=of=state
  3 18 placement options at a permanency hearing and when using
  3 19 concurrent planning.  If returning the child to the family's
  3 20 home is not appropriate or not possible, reasonable efforts
  3 21 shall include the efforts made in a timely manner to finalize
  3 22 a permanency plan for the child.  A child's health and safety
  3 23 shall be the paramount concern in making reasonable efforts.
  3 24 Reasonable efforts may include intensive family preservation
  3 25 services or family=centered services, if the child's safety in
  3 26 the home can be maintained during the time the services are
  3 27 provided.  In determining whether reasonable efforts have been
  3 28 made, the court shall consider both of the following:
  3 29    Sec. 7.  Section 232.104, subsection 1, paragraph c, Code
  3 30 2007, is amended to read as follows:
  3 31    c.  Reasonable notice of a permanency hearing shall be
  3 32 provided to the parties.  A permanency hearing shall be
  3 33 conducted in substantial conformance with the provisions of
  3 34 section 232.99.  During the hearing, the court shall consider
  3 35 the child's need for a secure and permanent placement in light
  4  1 of any permanency plan or evidence submitted to the court and
  4  2 the reasonable efforts made concerning the child.  Upon
  4  3 completion of the hearing, the court shall enter written
  4  4 findings and make a determination identifying a primary
  4  5 permanency goal for the child.  If a permanency plan is in
  4  6 effect at the time of the hearing, the court shall also make a
  4  7 determination as to whether reasonable progress is being made
  4  8 in achieving the permanency goal and complying with the other
  4  9 provisions of that permanency plan.
  4 10                          DIVISION III
  4 11                CHILD WELFARE FAMILY=CENTERED AND
  4 12                  FAMILY PRESERVATION SERVICES
  4 13    Sec. 8.  Section 225C.49, subsection 1, unnumbered
  4 14 paragraph 1, Code 2007, is amended to read as follows:
  4 15    The department shall provide coordination of the programs
  4 16 administered by the department which serve individuals with a
  4 17 disability and the individuals' families, including but not
  4 18 limited to the following juvenile justice and child welfare
  4 19 services:  family=centered and intensive family preservation
  4 20 services described under section 232.102, decategorization of
  4 21 child welfare funding provided for under section 232.188, and
  4 22 foster care services paid under section 234.35, subsection 3.
  4 23 The department shall regularly review administrative rules
  4 24 associated with such programs and make recommendations to the
  4 25 council on human services, governor, and general assembly for
  4 26 revisions to remove barriers to the programs for individuals
  4 27 with a disability and the individuals' families including the
  4 28 following:
  4 29    Sec. 9.  Section 232.102, subsection 10, Code 2007, is
  4 30 amended to read as follows:
  4 31    10.  a.  As used in this division, "reasonable efforts"
  4 32 means the efforts made to preserve and unify a family prior to
  4 33 the out=of=home placement of a child in foster care or to
  4 34 eliminate the need for removal of the child or make it
  4 35 possible for the child to safely return to the family's home.
  5  1 If returning the child to the family's home is not appropriate
  5  2 or not possible, reasonable efforts shall include the efforts
  5  3 made in a timely manner to finalize a permanency plan for the
  5  4 child.  A child's health and safety shall be the paramount
  5  5 concern in making reasonable efforts.  Reasonable efforts may
  5  6 include intensive family preservation services or but are not
  5  7 limited to family=centered services, if the child's safety in
  5  8 the home can be maintained during the time the services are
  5  9 provided.  In determining whether reasonable efforts have been
  5 10 made, the court shall consider both of the following:
  5 11    (1)  The type, duration, and intensity of services or
  5 12 support offered or provided to the child and the child's
  5 13 family.  If intensive family preservation family=centered
  5 14 services were not provided, the court record shall enumerate
  5 15 the reasons the services were not provided, including but not
  5 16 limited to whether the services were not available, not
  5 17 accepted by the child's family, judged to be unable to protect
  5 18 the child and the child's family during the time the services
  5 19 would have been provided, judged to be unlikely to be
  5 20 successful in resolving the problems which would lead to
  5 21 removal of the child, or other services were found to be more
  5 22 appropriate.
  5 23    (2)  The relative risk to the child of remaining in the
  5 24 child's home versus removal of the child.
  5 25    b.  As used in this section:
  5 26    (1)  "Family=centered, "family=centered services" means
  5 27 services which utilize a comprehensive approach to addressing
  5 28 the problems of individual family members, whether or not the
  5 29 problems are integrally related to the family, within the
  5 30 context of the family and other support intended to safely
  5 31 maintain a child with the child's family or with a relative,
  5 32 to safely and in a timely manner return a child to the home of
  5 33 the child's parent or relative, or to promote achievement of
  5 34 concurrent planning goals by identifying and helping the child
  5 35 secure placement for adoption, with a guardian, or with other
  6  1 alternative permanent family connections.  Family=centered
  6  2 services are adapted to the individual needs of a family in
  6  3 the regard to the specific services and other support provided
  6  4 to the child's family and the intensity and duration of
  6  5 service delivery and.  Family=centered services are intended
  6  6 to preserve a child's connections to the child's neighborhood,
  6  7 community, and family and to improve the overall capacity of
  6  8 the child's family functioning to provide for the needs of the
  6  9 children in the family.
  6 10    (2)  "Intensive family preservation services" means
  6 11 services provided to a family with a child who is at imminent
  6 12 risk of out=of=home placement.  The services are designed to
  6 13 address any problem creating the need for out=of=home
  6 14 placement and have the following characteristics:  are
  6 15 persistently offered but provided at the family's option; are
  6 16 provided in the family's home; are available twenty=four hours
  6 17 per day; provide a response within twenty=four hours of the
  6 18 initial contact for assistance; have worker caseloads of not
  6 19 more than two through four families per worker at any one
  6 20 time; are provided for a period of four to six weeks; and
  6 21 provide funding in order to meet the special needs of a
  6 22 family.
  6 23    Sec. 10.  Section 234.6, subsection 6, paragraph c, Code
  6 24 2007, is amended to read as follows:
  6 25    c.  Intensive family preservation services and
  6 26 family=centered Family=centered services, as defined in
  6 27 section 232.102, subsection 10, paragraph "b".
  6 28                           DIVISION IV
  6 29                CHILD=PLACING AGENCY INSPECTIONS
  6 30    Sec. 11.  Section 238.20, Code 2007, is amended to read as
  6 31 follows:
  6 32    238.20  MINIMUM INSPECTION == RECORD.
  6 33    Authorized employees of the department of inspections and
  6 34 appeals shall visit and inspect the premises of licensed
  6 35 child=placing agencies at least once every six twelve months
  7  1 and make and preserve written reports of the conditions found.
  7  2                           DIVISION V
  7  3              LICENSED FOSTER CARE == RECORD CHECKS
  7  4    Sec. 12.  Section 237.8, subsection 2, paragraph a, Code
  7  5 2007, is amended by adding the following new subparagraphs:
  7  6    NEW SUBPARAGRAPH.  (1A)  For an individual subject to
  7  7 licensure under this chapter as a foster parent, in addition
  7  8 to the record checks conducted under subparagraph (1), the
  7  9 individual's fingerprints shall be provided to the department
  7 10 of public safety for submission through the state criminal
  7 11 history repository to the United States department of justice,
  7 12 federal bureau of investigation for a national criminal
  7 13 history check.  The cost of the criminal history check
  7 14 conducted under this subparagraph is the responsibility of the
  7 15 department of human services.
  7 16    NEW SUBPARAGRAPH.  (1B)  If the criminal and child abuse
  7 17 record checks conducted in this state under subparagraph (1)
  7 18 for an individual being considered for licensure as a foster
  7 19 parent have been completed and the individual either does not
  7 20 have a record of crime or founded abuse or the department's
  7 21 evaluation of the record has determined that prohibition of
  7 22 the individual's licensure is not warranted, the individual
  7 23 may be provisionally approved for licensure pending the
  7 24 outcome of the fingerprint=based criminal history check
  7 25 conducted pursuant to subparagraph (1A).
  7 26                           DIVISION VI
  7 27                   PREADOPTIVE CARE PROVIDERS
  7 28    Sec. 13.  Section 232.91, subsection 3, Code 2007, is
  7 29 amended to read as follows:
  7 30    3.  Any person who is entitled under section 232.88 to
  7 31 receive notice of a hearing concerning a child shall be given
  7 32 the opportunity to be heard in any other review or hearing
  7 33 involving the child.  A foster parent, relative, or other
  7 34 individual with whom a child has been placed for preadoptive
  7 35 care shall have the right to be heard in any proceeding
  8  1 involving the child.
  8  2    Sec. 14.  Section 232.116, subsection 2, paragraph c, Code
  8  3 2007, is amended to read as follows:
  8  4    c.  For a child who has been placed in foster family care,
  8  5 any The relevant testimony or written statement provided by
  8  6 the child's foster parents that a foster parent, relative, or
  8  7 other individual with whom the child has been placed for
  8  8 preadoptive care or other care has a right to provide to the
  8  9 court.
  8 10
  8 11
  8 12                                                             
  8 13                               JOHN P. KIBBIE
  8 14                               President of the Senate
  8 15
  8 16
  8 17                                                             
  8 18                               PATRICK J. MURPHY
  8 19                               Speaker of the House
  8 20
  8 21    I hereby certify that this bill originated in the Senate and
  8 22 is known as Senate File 503, Eighty=second General Assembly.
  8 23
  8 24
  8 25                                                             
  8 26                               MICHAEL E. MARSHALL
  8 27                               Secretary of the Senate
  8 28 Approved                , 2007
  8 29
  8 30
  8 31                                
  8 32 CHESTER J. CULVER
  8 33 Governor