House
File
2390
-
Enrolled
House
File
2390
AN
ACT
RELATING
TO
CHILD
WELFARE,
INCLUDING
PROVISIONS
RELATING
TO
FOSTER
CARE
AND
THE
CHILD
ADVOCACY
BOARD.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
232.2,
subsection
9,
Code
2022,
is
amended
to
read
as
follows:
9.
“Court
appointed
special
advocate”
means
a
person
duly
certified
by
the
child
advocacy
board
created
in
section
237.16
for
participation
in
the
court
appointed
special
advocate
program
and
appointed
by
the
court
to
represent
the
interests
of
a
child
in
any
judicial
proceeding
to
which
the
child
is
a
party
or
is
called
as
a
witness
or
relating
to
any
dispositional
order
involving
the
child
resulting
from
such
proceeding
carry
out
duties
pursuant
to
section
237.24
.
Sec.
2.
Section
237.15,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
“Fictive
kin”
means
an
adult
person
who
is
not
a
relative
of
a
child
but
who
has
an
emotionally
positive
significant
relationship
with
the
child
or
the
child’s
family.
Sec.
3.
Section
237.16,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
The
department
and
the
department
of
inspections
and
appeals
shall
jointly
develop
written
protocols
detailing
the
responsibilities
of
each
department
with
regard
to
children
under
the
purview
of
the
state
board.
House
File
2390,
p.
2
The
protocols
shall
be
reviewed
by
the
departments
on
an
annual
basis.
Sec.
4.
Section
237.17,
Code
2022,
is
amended
to
read
as
follows:
237.17
Foster
care
registry.
1.
The
state
board
shall
establish
a
registry
of
the
placements
of
all
children
receiving
foster
care.
The
department
agency
responsible
for
the
placement
shall
notify
the
state
board
of
each
placement
within
five
working
days
of
the
department’s
notification
of
the
placement
in
accordance
with
written
protocols
adopted
pursuant
to
section
237.16,
subsection
4
.
The
notification
to
the
state
board
shall
include
information
identifying
the
child
receiving
foster
care
and
placement
information
for
that
child.
2.
Within
thirty
days
of
the
placement
or
two
days
after
the
dispositional
hearing
the
The
agency
responsible
for
the
placement
shall
submit
the
case
permanency
plan
and
all
case
permanency
plan
revisions
to
the
state
board
a
local
board
in
accordance
with
written
protocols
adopted
pursuant
to
section
237.16,
subsection
4
.
All
subsequent
revisions
of
the
case
permanency
plan
shall
be
submitted
when
the
revisions
are
developed.
Sec.
5.
Section
237.18,
Code
2022,
is
amended
to
read
as
follows:
237.18
Duties
of
state
board.
The
state
board
shall:
1.
Review
the
activities
and
actions
of
local
boards
and
the
court
appointed
special
advocate
program
.
2.
Adopt
rules
pursuant
to
chapter
17A
to:
a.
Establish
a
recordkeeping
system
for
the
files
of
local
review
boards
including
individual
case
reviews.
b.
Accumulate
data
and
develop
an
annual
report
regarding
children
in
foster
care
served
by
the
state
board
.
The
report
shall
include:
(1)
Personal
data
Data
regarding
the
total
number
of
days
of
foster
care
provided
and
the
characteristics
of
the
children
receiving
foster
care.
(2)
The
number
of
placements
of
children
in
foster
care.
(3)
The
frequency
and
results
of
court
reviews.
House
File
2390,
p.
3
c.
Evaluate
the
judicial
and
administrative
data
collected
on
foster
care
by
local
boards
and
court
appointed
special
advocates,
and
disseminate
the
data
to
the
governor,
the
supreme
court,
the
chief
judge
of
each
judicial
district,
the
department,
and
child-placing
agencies
,
and
the
state
court
administrator
for
dissemination
to
the
supreme
court
and
the
chief
judge
of
each
judicial
district
.
d.
Establish
mandatory
training
programs
for
members
of
the
state
and
local
review
boards
including
an
initial
training
program
and
periodic
in-service
training
programs
board
.
Training
shall
focus
on,
but
not
be
limited
to,
the
following:
(1)
The
history,
philosophy
and
role
of
the
juvenile
court
in
the
child
protection
system
The
duties
of
the
state
board
.
(2)
Juvenile
court
procedures
under
the
juvenile
justice
act
The
duties
of
local
boards
.
(3)
The
foster
care
administrative
review
process
of
the
department
of
human
services
The
duties
of
court
appointed
special
advocates
.
(4)
The
role
and
procedures
of
the
citizen’s
foster
care
review
system
Applicable
child
welfare
laws
and
practices
that
influence
the
work
of
local
boards
and
court
appointed
special
advocates
.
(5)
The
Adoption
Assistance
and
Child
Welfare
Act
of
1980,
Pub.
L.
No.
96-272.
(6)
The
purpose
of
case
permanency
plans,
and
the
type
of
information
that
will
be
available
in
those
plans.
(7)
The
situations
where
the
goals
of
either
reuniting
the
child
with
the
child’s
family
or
adoption
would
be
appropriate.
(8)
The
legal
processes
that
may
lead
to
foster
care
placement.
(9)
The
types
and
number
of
children
involved
in
those
legal
processes.
(10)
The
types
of
foster
care
placement
available,
with
emphasis
on
the
types
and
number
of
facilities
available
on
a
regional
basis.
(11)
The
impact
of
specific
physical
or
mental
conditions
of
a
child
on
the
type
of
placement
most
appropriate
and
the
kind
of
progress
that
should
be
expected
in
those
situations.
e.
Establish
a
mandatory
training
program
and
procedures
for
House
File
2390,
p.
4
the
local
review
board
boards
consistent
with
the
provisions
of
section
237.20
.
f.
Establish
grounds
and
procedures
for
removal
of
a
local
review
board
member.
g.
f.
Establish
procedures
and
protocols
for
administering
the
court
appointed
special
advocate
program
in
accordance
with
subsection
7
6
.
3.
Assign
the
cases
of
children
receiving
foster
care
to
the
appropriate
local
boards.
4.
Assist
local
boards
in
reviewing
cases
of
children
receiving
foster
care,
as
provided
in
section
237.20
.
5.
4.
Employ
appropriate
staff
in
accordance
with
available
funding.
The
board
shall
coordinate
with
the
department
of
inspections
and
appeals
regarding
administrative
functions
of
the
board.
6.
5.
In
conjunction
with
the
legislative
services
agency
and
in
consultation
with
the
department
of
human
services,
supreme
court,
and
private
foster
care
providers,
develop
and
maintain
Maintain
an
evaluation
program
regarding
citizen
foster
care
review
programming.
The
evaluation
program
shall
be
designed
to
evaluate
the
effectiveness
of
citizen
reviews
in
improving
case
permanency
planning
and
meeting
case
permanency
planning
goals,
identify
the
amount
of
time
children
spend
in
foster
care
placements,
and
identify
problem
issues
in
the
foster
care
system.
The
state
board
shall
submit
an
annual
evaluation
report
to
the
governor
and
the
general
assembly.
7.
6.
Administer
the
court
appointed
special
advocate
program,
including
but
not
limited
to
performance
of
all
of
the
following:
a.
Establish
standards
for
the
program,
including
but
not
limited
to
standards
for
selection
and
screening
of
volunteers,
preservice
training,
ongoing
continuing
education,
and
assignment
and
supervision
of
volunteers.
Identifying
information
concerning
a
court
appointed
special
advocate,
other
than
the
advocate’s
name,
shall
not
be
considered
to
be
a
public
record
under
chapter
22
.
b.
Implement
the
court
appointed
special
advocate
program
in
additional
areas
of
the
state
as
deemed
necessary
to
effectuate
its
purpose
including
but
not
limited
to
employing
court
House
File
2390,
p.
5
appointed
special
advocate
program
staff
as
available
funding
provides
.
c.
Promote
adherence
to
the
national
guidelines
for
state
and
local
court
appointed
special
advocate
programs.
d.
Issue
an
annual
report
of
the
court
appointed
special
advocate
program
for
submission
to
the
general
assembly,
the
governor,
and
the
supreme
court.
e.
Employ
appropriate
court
appointed
special
advocate
program
staff
in
accordance
with
available
funding.
The
state
board
shall
coordinate
with
the
department
of
inspections
and
appeals
the
performance
of
the
administrative
functions
of
the
state
board.
8.
7.
Receive
gifts,
grants,
or
donations
made
for
any
of
the
purposes
of
the
state
board’s
programs
and
disburse
and
administer
the
funds
received
in
accordance
with
the
terms
of
the
donor
and
under
the
direction
of
program
staff.
The
funds
received
shall
be
used
according
to
any
restrictions
attached
to
the
funds
and
any
unrestricted
funds
shall
be
retained
and
applied
to
the
applicable
program
budget
for
the
next
succeeding
fiscal
year.
9.
8.
Make
recommendations
to
the
general
assembly,
the
department,
to
child-placing
agencies,
the
governor,
and
the
state
court
administrator
for
dissemination
to
the
supreme
court
,
and
the
chief
judge
of
each
judicial
district
,
and
to
the
judicial
branch
.
The
recommendations
shall
include
but
are
not
limited
to
identification
of
systemic
problems
in
the
foster
care
and
the
juvenile
justice
systems,
specific
proposals
for
improvements
that
assist
the
systems
in
being
more
cost-effective
and
better
able
to
protect
the
best
interests
of
children,
and
necessary
changes
relating
to
the
data
collected
and
the
annual
report
made
under
subsection
2
,
paragraph
“b”
.
Sec.
6.
Section
237.19,
Code
2022,
is
amended
to
read
as
follows:
237.19
Local
citizen
foster
care
review
boards.
1.
The
state
board
shall
establish
local
citizen
foster
care
review
boards
to
review
cases
of
children
receiving
foster
care.
The
department
shall
discontinue
its
foster
care
review
process
for
those
children
reviewed
by
local
boards
as
local
House
File
2390,
p.
6
boards
are
established
and
operating.
The
state
board
shall
select
a
minimum
of
five
members
and
two
alternate
a
maximum
of
seven
members
to
serve
on
each
local
board
in
consultation
with
the
chief
judge
of
each
judicial
district
.
The
actual
number
of
local
boards
needed
and
established
shall
be
determined
by
the
state
board.
The
members
of
each
local
board
shall
consist
of
persons
of
,
to
the
extent
possible,
reflect
the
various
social,
economic,
racial
,
and
ethnic
groups
and
various
occupations
of
their
district.
A
person
employed
by
the
state
board
,
or
the
department,
the
department
of
inspections
and
appeals,
or
the
district
court,
or
an
employee
of
an
agency
with
which
the
department
contracts
for
services
for
children
under
foster
care,
a
foster
parent
providing
foster
care,
or
a
child-placing
agency
shall
not
serve
on
a
local
board.
The
state
board
shall
provide
the
names
of
the
members
of
the
local
boards
to
the
department.
2.
Vacancies
on
a
local
board
shall
be
filled
in
the
same
manner
as
original
appointments.
The
members
shall
not
receive
per
diem
but
shall
receive
reimbursement
for
actual
and
necessary
expenses
incurred
in
their
duties
as
members.
3.
A
local
board
member
shall
be
required
to
pass
a
background
check
and
complete
requirements
as
established
by
the
state
board
prior
to
taking
an
oath
of
confidentiality
to
serve
on
a
local
board.
4.
A
local
board
member
shall
be
required
to
receive
periodic
continuing
education
during
each
term
of
service
as
established
by
the
state
board.
Sec.
7.
Section
237.20,
subsection
1,
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
Review
the
case
of
each
child
receiving
foster
care
assigned
to
the
a
local
board
by
the
state
board
in
accordance
with
written
protocols
adopted
pursuant
to
section
237.16,
subsection
4,
to
determine
whether
satisfactory
progress
is
being
made
toward
the
goals
of
the
case
permanency
plan
pursuant
to
section
237.22
.
The
timing
and
frequency
of
a
review
of
each
case
by
a
local
board
shall
take
into
consideration
the
permanency
goals,
placement
setting,
and
frequency
of
any
court
reviews
of
the
case.
Sec.
8.
Section
237.20,
subsection
1,
paragraph
a,
House
File
2390,
p.
7
subparagraph
(2),
Code
2022,
is
amended
to
read
as
follows:
(2)
The
efforts
of
the
agency
responsible
for
the
placement
of
the
child
to
locate
and
provide
services
to
the
child’s
biological
or
adoptive
parents
of
the
child
,
legal
guardians,
or
fictive
kin
providing
the
majority
of
a
child’s
daily
food,
lodging,
and
support
.
Sec.
9.
Section
237.20,
subsection
1,
paragraphs
b,
c,
and
d,
Code
2022,
are
amended
to
read
as
follows:
b.
The
review
shall
include
issues
pertaining
to
the
case
permanency
plan
and
shall
not
include
issues
that
do
not
pertain
to
the
case
permanency
plan.
A
person
notified
pursuant
to
subsection
4
shall
either
attend
the
review
or
submit
testimony
a
statement
as
requested
by
the
local
board
or
in
accordance
with
a
written
protocol
jointly
developed
by
the
state
board
and
the
department.
Oral
testimony
Statements
may,
upon
the
request
of
the
testifier
an
interested
party
or
upon
motion
of
the
local
board,
be
given
in
a
private
setting
when
to
do
so
would
facilitate
the
presentation
of
evidence
.
Statements
may
be
made
in
written,
oral,
or
electronic
form.
Local
board
questions
reviews
shall
pertain
to
the
permanency
plan
and
shall
not
include
issues
that
do
not
pertain
to
the
permanency
plan.
c.
A
person
who
gives
an
oral
testimony
statement
has
the
right
to
representation
by
counsel
at
the
review.
d.
An
agency
or
individual
providing
services
to
the
child
shall
submit
testimony
statements
as
requested
by
the
local
board.
The
testimony
may
be
written
or
oral,
or
may
be
a
tape
recorded
telephone
call.
Written
testimony
or
recorded
statements
from
other
interested
parties
may
also
be
considered
by
the
board
in
its
review.
Sec.
10.
Section
237.20,
subsection
2,
paragraph
a,
Code
2022,
is
amended
to
read
as
follows:
a.
Submit
to
the
appropriate
court
and
the
department
within
fifteen
days
after
the
review
under
subsection
1
,
the
findings
and
recommendations
of
the
review.
The
local
board
shall
ensure
that
the
most
recent
report
is
available
for
a
court
hearing.
The
report
to
the
court
shall
include
information
regarding
the
case
permanency
plan
and
the
progress
in
attaining
the
permanency
goals.
The
report
shall
not
include
House
File
2390,
p.
8
issues
that
do
not
pertain
to
the
case
permanency
plan.
The
findings
and
recommendations
shall
include
the
proposed
date
of
the
next
review
by
the
local
board.
The
local
board
shall
notify
the
persons
specified
in
subsection
4
of
the
findings
and
recommendations.
Sec.
11.
Section
237.20,
subsection
4,
paragraph
a,
Code
2022,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(9)
An
intervenor.
Sec.
12.
Section
237.21,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
Information
and
records
relating
to
a
child
receiving
foster
care
and
to
the
child’s
family
shall
be
provided
to
a
court
appointed
special
advocate,
a
local
board
,
or
the
state
board
by
the
department
,
the
department’s
agent,
or
child-care
a
child
placement
agency
receiving
purchase-of-service
funds
from
the
department
contracted
by
the
department
upon
request
by
the
court
appointed
special
advocate
or
either
board.
A
court
having
jurisdiction
of
a
child
receiving
foster
care
shall
release
the
information
and
records
the
court
deems
necessary
to
determine
the
needs
of
the
child
,
if
the
information
and
records
are
not
obtainable
elsewhere,
to
a
local
board
or
the
state
board
court
appointed
special
advocate
upon
request
by
either
the
local
board
or
court
appointed
special
advocate
.
If
confidential
information
and
records
are
distributed
to
individual
members
in
advance
of
a
meeting
of
the
state
board
or
a
local
board,
the
information
and
records
shall
be
clearly
identified
as
confidential
and
the
members
shall
take
appropriate
steps
to
prevent
unauthorized
disclosure.
If
confidential
information
and
records
are
distributed
to
a
court
appointed
special
advocate
or
court
appointed
special
advocate
program
staff,
the
information
shall
be
confidential
and
the
court
appointed
special
advocate
and
court
appointed
special
advocate
program
staff
shall
take
appropriate
steps
to
prevent
unauthorized
disclosure.
Sec.
13.
Section
237.21,
subsection
4,
Code
2022,
is
amended
to
read
as
follows:
4.
A
court
appointed
special
advocate
may
disclose
case-related
observations
and
recommendations
to
the
agency
assigned
by
the
court
to
supervise
the
case,
to
the
county
House
File
2390,
p.
9
attorney,
or
to
the
child’s
legal
representative
or
guardian
ad
litem
,
or
at
a
local
board
meeting
.
Case-related
observations
and
recommendations
about
a
child
and
the
child’s
parent
or
about
a
child
and
the
child’s
legal
guardian
may
also
be
disclosed
to
the
parent
or
guardian
to
which
the
observations
and
recommendations
pertain
or
to
such
parent
or
guardian’s
legal
representative.
Sec.
14.
Section
237.22,
Code
2022,
is
amended
to
read
as
follows:
237.22
Case
permanency
plan.
The
agency
responsible
for
the
placement
of
the
child
shall
create
a
case
permanency
plan.
The
plan
shall
In
addition
to
requirements
stated
in
section
232.2,
subsection
4,
the
plan
shall
also
include
,
but
not
be
limited
to:
1.
Plans
for
carrying
out
the
voluntary
placement
agreement
or
judicial
determination
pursuant
to
which
the
child
entered
care.
2.
1.
Time
frames
to
meet
the
stated
permanency
goal
and
short-term
objectives.
3.
The
type
and
appropriateness
of
the
placement
and
services
to
be
provided
to
the
child.
4.
2.
The
care
and
services
that
will
be
provided
to
the
child,
biological
parents,
the
child’s
fictive
kin,
and
foster
parents.
5.
How
the
care
and
services
will
meet
the
needs
of
the
child
while
in
care
and
will
facilitate
the
child’s
return
home
or
other
permanent
placement.
6.
3.
The
efforts
to
place
the
child
with
a
relative
or
fictive
kin
.
7.
4.
The
rationale
for
an
out-of-state
placement,
and
the
efforts
to
prevent
such
placement,
if
the
child
has
been
placed
out
of
state.
Sec.
15.
NEW
SECTION
.
237.24
Court
appointed
special
advocates.
1.
A
court
appointed
special
advocate
shall
receive
notice
of
all
depositions,
hearings,
and
trial
proceedings
in
a
matter
to
which
the
court
appointed
special
advocate
is
appointed.
2.
The
duties
of
a
court
appointed
special
advocate
with
respect
to
a
child,
unless
otherwise
enlarged
or
circumscribed
House
File
2390,
p.
10
by
a
court
or
juvenile
court
with
jurisdiction
over
the
child
after
a
finding
of
good
cause,
shall
include
all
of
the
following:
a.
Conducting
in-person
interviews
with
the
child
every
thirty
days,
if
the
child’s
age
is
appropriate
for
the
interview,
and
interviewing
each
parent,
guardian,
or
other
person
having
custody
of
the
child
as
needed,
if
authorized
by
counsel.
b.
Visiting
the
home,
residence,
or
both
home
and
residence
of
the
child
and
any
prospective
home
or
residence
of
the
child,
including
each
time
placement
is
changed.
c.
Interviewing
any
person
providing
medical,
mental
health,
social,
educational,
or
other
services
to
the
child.
d.
Obtaining
firsthand
knowledge,
if
possible,
of
the
facts,
circumstances,
and
parties
involved
in
the
matter
in
which
the
court
appointed
special
advocate
is
appointed.
e.
Attending
any
depositions,
hearings,
and
trial
proceedings
in
a
matter
to
which
the
court
appointed
special
advocate
is
appointed
for
the
purpose
of
supporting
the
child
and
advocating
for
the
child’s
protection.
f.
Assisting
the
transition
committee
in
the
development
of
a
transition
plan
if
the
child’s
case
permanency
plan
calls
for
the
development
of
a
transition
plan.
g.
(1)
Submitting
a
written
report
to
the
juvenile
court
and
to
each
of
the
parties
identified
in
section
237.21,
subsection
4,
prior
to
each
court
hearing
unless
otherwise
ordered
by
the
court.
(2)
The
report
shall
include
but
not
be
limited
to
the
identified
strengths
of
the
child
and
the
child’s
family,
concerns
identified
by
the
court
appointed
special
advocate,
the
court
appointed
special
advocate’s
recommendations
regarding
the
child’s
placement,
and
other
recommendations
the
court
appointed
special
advocate
believes
are
in
the
child’s
best
interests.
h.
Submitting
periodic
reports
to
the
court
or
juvenile
court
with
jurisdiction
over
a
child
and
interested
parties
detailing
the
child’s
situation
as
long
as
the
child
remains
under
the
jurisdiction
of
the
court
or
juvenile
court.
House
File
2390,
p.
11
i.
Filing
other
reports
as
ordered
by
a
court
or
juvenile
court.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2390,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor