House File 2388

                                       HOUSE FILE       
                                       BY  HUTTER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act expanding the circumstances by which the juvenile court
  2    may modify, vacate and substitute, or terminate a child in
  3    need of assistance dispositional order.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5791HH 80
  6 jp/pj/5

PAG LIN

  1  1    Section 1.  Section 232.103, subsection 4, Code Supplement
  1  2 2003, is amended to read as follows:
  1  3    4.  The court may modify a dispositional order, vacate and
  1  4 substitute a dispositional order, or terminate an a
  1  5 dispositional order and release the child if the court finds
  1  6 that the any of the following circumstances exist:
  1  7    a.  The purposes of the order have been accomplished and
  1  8 the child is no longer in need of supervision, care, or
  1  9 treatment.
  1 10    b.  The purposes of the order cannot reasonably be
  1 11 accomplished.
  1 12    c.  The efforts made to effect the purposes of the order
  1 13 have been unsuccessful and other options to effect the
  1 14 purposes of the order are not available.
  1 15    d.  The purposes of the order have been sufficiently
  1 16 accomplished and the continuation of supervision, care, or
  1 17 treatment is unjustified or unwarranted.
  1 18                           EXPLANATION
  1 19    This bill expands the circumstances by which the juvenile
  1 20 court may modify, vacate and substitute, or terminate a child
  1 21 in need of assistance dispositional order.
  1 22    Current law under Code section 232.103 authorizes the
  1 23 court, upon a motion or upon the court's own motion, to
  1 24 terminate an order and release the child if the court finds
  1 25 the purposes of the order have been accomplished and the child
  1 26 is no longer in need of supervision, care, or treatment.
  1 27    The bill expands this authority to modification of a
  1 28 dispositional order or vacation and substitution of a
  1 29 dispositional order.  Additional grounds are provided if the
  1 30 court finds that the purposes of the order cannot reasonably
  1 31 be accomplished, the efforts made to effect the purposes of
  1 32 the order were unsuccessful and other viable options are
  1 33 unavailable, or the purposes have been sufficiently
  1 34 accomplished and the continuation of supervision, care, or
  1 35 treatment is unjustified or unwarranted.
  2  1 LSB 5791HH 80
  2  2 jp/pj/5